[PROPOSED] ORDER GRANTING DEFENDANTS’ MOTION FOR ADMINISTRATIVE RELIEF TO FILE DOCUMENTS UNDER SEAL

CASE NOS. C08-03129 MMC & C08-04234 MMC 

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Matthew B. Lehr (Bar No. 213139) 

Suong T. Nguyen (Bar No. 237557) 

David J. Lisson (Bar No. 250994) 

Chung G. Suh (Bar No. 244889) 

Jeremy Brodsky (Bar No. 257674) 

DAVIS POLK & WARDWELL LLP 

1600 El Camino Real 

Menlo Park, California 94025 

Telephone: (650) 752-2000 

Facsimile: (650) 752-2111 

Attorneys for Plaintiff 

Tyco Healthcare Group LP d/b/a 

VNUS Medical Technologies 

UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

TYCO HEALTHCARE GROUP LP d/b/a 

VNUS MEDICAL TECHNOLOGIES,

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LEAD CASE NO. C08-03129 MMC 

CASE NO. C08-03129 MMC 

[PROPOSED] ORDER GRANTING IN 

PART AND DENYING IN PART 

DEFENDANTS’ MOTION AND 

AMENDED MOTION FOR 

ADMINISTRATIVE RELIEF TO FILE 

DOCUMENTS UNDER SEAL (D.I. 176 & 

195)

[CIVIL L.R. 7-11, 79-5(d)] 

Plaintiff,

v.

BIOLITEC, INC., DORNIER MEDTECH 

AMERICA, INC., and NEW STAR LASERS, 

INC. d/b/a COOLTOUCH, INC.,

Defendants.

TYCO HEALTHCARE GROUP LP d/b/a 

VNUS MEDICAL TECHNOLOGIES, 

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CASE NO. C08-04234 MMC 

(consolidated with C08-3129 MMC) 

Plaintiff,

v.

TOTAL VEIN SOLUTIONS, LLC d/b/a 

TOTAL VEIN SYSTEMS,

Defendant.

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Case 3:08-cv-03129-MMC Document 213 Filed 07/12/10 Page 1 of 3
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[PROPOSED] ORDER GRANTING DEFENDANTS’ MOTION FOR ADMINISTRATIVE RELIEF TO FILE DOCUMENTS UNDER SEAL

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 Before the Court is the Defendants’ Motion and Amended Motion for Administrative Relief 

to File Documents Under Seal dated June 25 and June 28, 2010, by which Defendants seek leave to 

file under seal unredacted versions of certain documents submitted in support of a Motion for 

Summary Judgment that the ‘084 Patent Claims are Obvious (“Defendants’ § 103 Brief”), a Motion 

for Summary Judgment that the Asserted ‘433 and ‘970 Claims are Invalid for Lack of Written 

Description (“Defendants’ § 112 Brief”), and a Motion for Summary Judgment of No Contributory 

Infringement (“TVS’s Brief”) (collectively, “Defendants’ Briefs”). Having reviewed the parties’ 

submissions filed in support of the motion, the Court rules as follows: 

1. The motion is GRANTED in part, specifically, as to the following documents that 

plaintiff has shown contain material properly filed under seal (see Kertz Decl., filed July 1, 2010), 

each of which the Clerk is directed to file under seal: 

x Exhibits 12, 13 (bates-stamped page VNUS_143788), 20 (bates-stamped pages 

VNUS_145041-42), 21, 29 (transcript pages 71-73), 30, 31, 38, 42 (bates-stamped 

pages VNUS001123-24), 43-45, 48, 49, 50 (transcript pages 3-4, 86), 55-57, 60, and 

62-65 to the Declaration of Charles Steenburg in Support of Defendants’ § 103 Brief 

and Defendants’ § 112 Brief, filed on June 25, 2010 

x Exhibit P (transcript pages 3-6) to the Declaration of John K. Buche in Support of 

TVS’s Brief, filed on June 25, 2010 

x Redacted pages 2 (lns. 14-16), 5 (lns. 10-25), and 8 (lns. 4-5) of Defendants’ § 112 

Brief, filed on June 25, 2010 

x Redacted pages 6 (lns. 19-21), 9 (lns. 16-18), 14 (lns. 14-17), 19 (fn. 11), 20 (lns. 

15-18, 21-25), and 21 (lns. 6-10) of Defendants’ § 103 Brief, filed on June 25, 2010 

each of which the requesting party is

directed to file under seal, no later than five calendar days from the date of this order. See General 

Order 62 ("If a motion to file under seal is granted in full or in part, the requesting party will e-file

the document according to the procedures outlined in the FAQs on the ECF website.").

Case 3:08-cv-03129-MMC Document 213 Filed 07/12/10 Page 2 of 3
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[PROPOSED] ORDER GRANTING DEFENDANTS’ MOTION FOR ADMINISTRATIVE RELIEF TO FILE DOCUMENTS UNDER SEAL

CASE NOS. C08-03129 MMC & C08-04234 MMC 

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2. The motion is DENIED in part, specifically, as to the following documents, in light 

of plaintiff’s having withdrawn its prior designation of confidentiality, and the Clerk is directed to 

file such documents in the public record: 

x Exhibits 6, 34, 35, 41, 47, and 54 to the Declaration of Charles Steenburg in Support 

of Defendants’ § 103 Brief and Defendants’ § 112 Brief, filed on June 25, 2010 

x Exhbits Q, DD, and MM to the Declaration of John K. Buche in Support of TVS’s 

Brief, filed on June 25, 2010 

x Designated portions of Defendants’ Briefs not identified above. 

IT IS SO ORDERED. 

Dated: ______________ 2010 

 

HON. MAXINE M. CHESNEY 

United States District Judge 

each of which the requesting party is directed to file in

the public record no later than five calendar days from the date of this order.

July 12 /s/ Vaughn R Walker for

Case 3:08-cv-03129-MMC Document 213 Filed 07/12/10 Page 3 of 3