[PROPOSED] ORDER GRANTING PLAINTIFF’S 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 

PLAINTIFF’S MOTION FOR 

ADMINISTRATIVE RELIEF TO FILE 

DOCUMENTS UNDER SEAL 

[CIVIL LOCAL RULES 7-11, 79-5] 

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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ORDER GRANTING IN PART

AND DENYING IN PART

Case 3:08-cv-03129-MMC Document 244 Filed 07/26/10 Page 1 of 2
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[PROPOSED] ORDER GRANTING PLAINTIFF’S MOTION FOR ADMINISTRATIVE RELIEF TO FILE DOCUMENTS UNDER SEAL

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

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 Before the Court is the Plaintiff’s Motion for Administrative Relief to File Documents 

Under Seal dated July 9, 2010, by which Plaintiff seeks leave to file under seal unredacted versions 

of certain documents submitted in support of Plaintiff’s Oppositions to (1) Total Vein Solutions, 

LLC’s Motion for Summary Judgment of No Contributory Infringement; (2) biolitec’s Motion for 

Summary Judgment of Non-Infringement and in the Alternative Summary Adjudication Limiting 

Damages; (3) Defendants’ Motion for Summary Judgment That the Asserted ‘433 and ‘970 Claims 

are Invalid for Lack of Written Description; and (4) Defendants’ Motion for Summary Judgment 

that the Asserted ‘084 Claims are Obvious (“VNUS’s Opposition Briefs”). Having reviewed the 

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

1. The motion is GRANTED as to the following documents that the parties have 

shown contain material properly filed under seal, each of which the Clerk is directed to file under 

seal:

x The entirety of Exhibits 7, 8, 24, 64, 68, 84, 85, 86, 87, 88 and 89 and designated 

portions of Exhibits 17, 62 and 99 to the Declaration of David J. Lisson in Support 

of VNUS’s Opposition Briefs which have been designated by VNUS. 

x The entirety of Exhibits 14, 25, 26, 29, 30, 33, 34, 36, 37, 38, 40, 41, 42, 43, 44, 45, 

46, 47, 48, 49, 50, 51, 54, 55, 57, 59, 60, 65, 70, 76, 77, 80, 82, 90, 91, 95, 97, 98, 

101, 102, 104, 107, 108, 109, 112, 113 and 114 and designated portions of Exhibits 

17 and 62 to the Declaration of David J. Lisson in Support of VNUS’s Opposition 

Briefs which have been designated by the Defendants. 

x Designated portions of VNUS’s Opposition Briefs, dated July 9, 2010, 

IT IS SO ORDERED. 

Dated: ______________ 2010 

 

HON. MAXINE M. CHESNEY 

United States District Judge 

specifically,

those portions of VNUS's Opposition Briefs in which the content of the above

exhibits is set forth.

2. The motion is DENIED as to the following documents, as the designating party has

not filed a "responsive declaration," see Civil Local Rule 79-5(d): Exs. 14, 17, 25,

26, 29, 30, 33, 40-46, 48-51, 54, 55, 59, 60, 62, 65, 70, 76, 77, 80, 82, 90, 91, 95, 97,

98, 101, 104, 107-09, and 112-14.

Plaintiff is directed to file such documents in the public record no later than five

calendar days from the date of this order.

July 26 /s/ Vaughn R Walker for

plaintiff 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 . . . on the ECF

website.")

Case 3:08-cv-03129-MMC Document 244 Filed 07/26/10 Page 2 of 2