IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS

 

In re Innovatio IP Ventures, LLC, Patent 

Litigation 

 

Case No. 1:11-cv-09308 

Judge James F. Holderman 

Magistrate Judge Sidney Schenkier This Document Relates To: 

All Cases 

JOINT MOTION TO SEAL PORTIONS OF TRIAL TRANSCRIPT AND CERTAIN 

TRIAL EXHIBITS 

Pursuant to Local Rule 26.2, Innovatio IP Ventures, LLC (“Innovatio”) and 

Defendants/Declaratory Judgment Plaintiffs in the above captioned-matter, including all 

represented by the undersigned (collectively “Defendants”) hereby move the Court for entry of 

the Proposed Order (included as Exhibit A) sealing certain portions of the trial transcript and 

certain trial exhibits utilized during the recent hearing concerning RAND. The parties likewise 

set forth a proposal below concerning disposition of hard copy exhibits. 

A. Request to Seal Certain Portions of the Trial Transcript 

Counsel for Innovatio and the Defendants have reviewed the trial transcript and have 

identified certain material which they believe should be redacted and placed under seal as Highly 

Confidential. Attached as Exhibit B is a version of the trial transcript with yellow highlighting 

indicating those portions of the transcript that the parties propose to redact and place under seal. 

Exhibit C is a version of the trial transcript with the proposed redactions blacked out. The 

attached proposed order directs the court reporter to maintain the sealed portions of the transcript 

(i.e., those shown in yellow on Exhibit B) as Highly Confidential and to not distribute or 

Case: 1:11-cv-09308 Document #: 962 Filed: 09/26/13 Page 1 of 5 PageID #:33853
otherwise make public such materials. The proposed order further directs the court reporter to 

distribute only Exhibit C (or portions thereof) in response to requests for the transcript from any 

individual or party not admitted under the protective order entered at Dkt. No. 437. The parties 

respectfully request that the Court enter the order as proposed. 

B. Request to Seal Certain Trial Exhibits

At the outset of the trial, the parties provided to the Court binders containing exhibits that 

could potentially be admitted into evidence. Attached as Exhibit D is a listing of those exhibits 

that Innovatio maintains have been admitted during the trial (in some cases subject to certain 

objections). Exhibit E is a listing of those exhibits that Defendants maintain have been admitted 

during the trial (also subject to certain objections in some cases). The parties propose to seal the 

following exhibits: 

PTX 39-81, PTX 301, PTX 308, PTX 309, PTX 322, PTX 323, PTX 332, PTX 333, PTX 

339-341, PTX 517-519, PTX 709-758, PTX 881, PTX 889, PTX 891, PTX 894, PTX 895, PTX 

899, PTX 919, PTX 925 A-N, PTX 1014-1023, Slide 29 of PTX 1024 (Nettleton), Slides 3-25 

of PTX 1025 (Bero), Slides 18, 32 of PTX 1026 (Teece), Slide 32 of PTX 1027 (Bergey), Slides 

8-14, 16, 19, 27, 32-34, 37, 40, 42-44 of PTX 1028 (Evans), PTX-1031, PTX-1034, Slides 30, 

34, 35 of PTX-1037 (Plaintiff’s Opening), Slides 17, 26-36, 48-49, 54, 58 of PTX-1038 

(Plaintiff’s Closing) 

DTX-255A, DTX-255, DTX 1072, DTX 1085, 1059, DTX 1645, DTX 2009, DTX 2011, 

DTX 2013, DTX 2066, DTX 2068, DTX-Evans Chart L, Slide 70 of DDX-3 (Shoemake), Slides 

21, 22, 38, 39, 57 of DDX-4 (Wicker), Slides 28, 31, 68, 69, 85-87 of DDX-5 (Leonard), Slides 

88, 91 of DDX-6 (Defendants’ Opening), Slides 16, 17, 42, 43, 52, 76 of DDX-7 (Defendants’ 

Closing), Slides 19, 21, 25, 26 and 30 of DDX-9 (Lynde), , Slide 3 of DDX-15. 

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The parties respectfully request that the Court enter the attached proposed order, which 

seals those exhibits. Additionally, the parties understand that the Court will maintain hard copies 

of those non-admitted exhibits (i.e., those not on Exhibits D or E) until a decision is issued. The 

parties further propose that when a decision is issued concerning the RAND hearing, the parties 

will retrieve all hard copy materials from the Court within 5 business days of the decision, as 

reflected in the Proposed Order. 

Dated: September 26, 2013 /s/ Gianni Cutri 

 

Gianni Cutri 

KIRKLAND & ELLIS LLP 

300 North LaSalle 

Chicago, Illinois 60654 

312.862.2000 (Telephone) 

312.862.2200 (Facsimile) 

gianni.cutri@kirkland.com 

Adam R. Alper (Pro Hac Vice)

KIRKLAND & ELLIS LLP

555 California Street 

San Francisco, CA 94104 

415.439.1400 (Telephone) 

415.439.1500 (Facsimile) 

adam.alper@kirkland.com 

Michael W. De Vries (Pro Hac Vice)

KIRKLAND & ELLIS LLP 

333 South Hope Street 

Los Angeles, California 90071 

213.680.8400 (Telephone) 

213.680.8500 (Facsimile) 

michael.devries@kirkland.com 

Counsel for Certain Defendants and 

Declaratory Judgment Plaintiffs 

/s/ Matthew G. McAndrews 

Matthew G. McAndrews 

Raymond P. Niro, Jr. 

Brian E. Haan 

Gabriel I. Opatken 

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NIRO, HALLER & NIRO 

181 West Madison St., Suite 4600 

Chicago, Illinois 60602 

Telephone: (312) 236-0733 

E-mail: mmcandrews@nshn.com 

E-mail: rnirojr@nshn.com 

E-mail: bhaan@nshn.com 

E-mail: gopatken@nshn.com 

Jean D. Kuelper 

Gregory C. Schodde 

Peter J. McAndrews 

Ronald H. Spuhler 

Shawn L. Peterson 

McANDREWS, HELD & MALLOY, LTD.500 

West Madison St., Suite 3400 

Chicago, Illinois 60661 

Telephone: (312) 775-8000 

E-mail: jkuelper@mcandrews-ip.com 

E-mail: gschodde@mcandrews-ip.com 

E-mail: pmcandrews@mcandrews-ip.com 

E-mail: rspuhler@mcandrews-ip.com 

E-mail: speterson@mcandrews-ip.com 

Attorneys for Plaintiff, 

INNOVATIO IP VENTURES, LLC

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CERTIFICATE OF SERVICE 

I hereby certify that on September 26, 2013 a true and correct copy of the foregoing 

JOINT MOTION TO SEAL PORTIONS OF TRIAL TRANSCRIPT AND CERTAIN 

TRIAL EXHIBITS was electronically filed with the Court via the CM/ECF system which sent 

notification of such filing to all Counsel of Record. 

Dated: September 26, 2013 /s/ Gianni Cutri

 Gianni Cutri 

KIRKLAND & ELLIS LLP 

300 North LaSalle 

Chicago, Illinois 60654 

312.862.2000 (Telephone) 

312.862.2200 (Facsimile) 

gianni.cutri@kirkland.com 

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