Summary
denying permanent injunction where "it is undisputed that defendants no longer manufacture the accused product, that defendants currently have no potential customers for such product in the United States, and that, with the exception of one sale initiated by plaintiff almost three years ago and one extremely small additional sale that same month, defendants have never sold the accused product to a customer in the United States."
Summary of this case from Canon, Inc. v. Color Imaging, Inc.Opinion
Case No: 3:06-CV-0162 (MMC).
February 5, 2008
NANCY J. GEENEN (CA BAR NO. 135968), KIMBERLY DODD (CA BAR NO. 235109), MICHAEL J. SONG (CA BAR NO. 243675), GINA A. BIBBY (CA BAR NO. 242657), FOLEY LARDNER LLP, SAN FRANCISCO, CA, MICHAEL D. KAMINSKI (ADMITTED PRO HAC VICE), KENNETH E. KROSIN (ADMITTED PRO HAC VICE), SHAUN R. SNADER (ADMITTED PRO HAC VICE), FOLEY LARDNER LLP, WASHINGTON HARBOUR, WASHINGTON, D.C., ATTORNEYS FOR PLAINTIFF NICHIA CORPORATION.
This matter is before the Court pursuant to Plaintiff Nichia Corporation's Administrative Motion for Consideration of its Responsive Declaration to the Seoul Defendants' Administrative Motion to Seal Portions of the Declaration of Bruce McFarlane in Support of Seoul's Sur-Reply Under Seal (the "Motion"). Upon consideration of the Motion, and the Court having found good cause appearing,
IT IS HEREBY ORDERED that:
1. The Motion is granted and the Court finds that Nichia's responsive declaration establishes the confidentiality and sealable nature of materials identified in the Declaration of Bruce McFarlane in Support of Seoul's Sur-Reply ("McFarlane Decl.") identifies as confidential to Nichia.
2. The Court's previous Order [Docket No. 973] is modified as follows: the following portions of the McFarlane Decl. are hereby ordered filed under seal: Page 3:10-11, 18-19, 24-25; Page 4:1, 7-10, 13, 15-17, 20-23; Page 5:5-18, 20-23; Page 6:25; Page 7:1; Exhibits C, D, E, F, J, K, L, M, N, and O. Defendants are thus relieved of any obligation to file the aforementioned items in the public record.
IT IS SO ORDERED.