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IN THE UNITED STATES DISTRICT COURT
`FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
`
`
`
`Plaintiff,
`
`OPTOLUM, INC.,
`
`
`
`v.
`
`CREE, INC.,
`
`
`Defendant.
`
`
`
`
`
`Civ. Action No. 1:17-cv-00687
`
`
`
`
`
`
`
`
`
`
`DEFENDANT CREE INC.’S MOTION TO FILE DOCUMENTS
`UNDER SEAL IN CONNECTION WITH THE
`TRIAL BRIEF OF PLAINTIFF OPTOLUM, INC.
`
`Defendant Cree, Inc. (“Cree”) moves the Court to
`
`grant its motion to file documents under seal pursuant
`
`to Rule 5.2(d) of the Federal Rules of Civil Procedure
`
`and Local Rule 5.4. In support of this motion, Cree
`
`shows the Court the following:
`
`1. The Trial Brief of Plaintiff OptoLum, Inc.
`
`(ECF No. 286, filed Oct. 1, 2021) includes four
`
`redactions related to Cree Confidential
`
`information. These are found on pages 10 and 28
`
`of OptoLum’s Trial Brief.
`
`
`
`1
`
`Case 1:17-cv-00687-WO-JLW Document 298 Filed 10/14/21 Page 1 of 4
`
`

`

`2. Three of the four redactions are directed to
`
`Cree’s confidential financial information
`
`concerning the value of its sales of the accused
`
`products.
`
`3. The fourth redaction quotes from a confidential,
`
`internal Cree document containing Cree’s
`
`confidential business information.
`
`4. These four redactions are minimal and comprise
`
`only a few words among a 34-page brief. There
`
`is no less-drastic alternative available for
`
`keeping this information confidential.
`
`5. These redactions are not being made
`
`unnecessarily. These redactions are directed to
`
`Cree’s confidential and sensitive business
`
`information.
`
`6. Cree hereby moves the Court to grant the motion
`
`to maintain the unredacted version of the Trial
`
`Brief of Plaintiff OptoLum, Inc. under seal.
`
`
`
`WHEREFORE, Cree respectfully request that, pursuant
`
`to Rule. 5.2 of the Federal Rules of Civil Procedure
`
`
`
`2
`
`Case 1:17-cv-00687-WO-JLW Document 298 Filed 10/14/21 Page 2 of 4
`
`

`

`and Local Civil Rule 5.4, this Court issue an Order
`
`authorizing the unredacted version of the Trial Brief
`
`of Plaintiff OptoLum, Inc. to remain under seal.
`
`
`
`Respectfully submitted, this 14th day of October,
`
`2021.
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Blaney Harper
` Blaney Harper
`
`
`
`
`
` JONES DAY
`
` 51 Louisiana Avenue, N.W.
`
` Washington, D.C. 20001-2113
`
` Telephone: (202) 879-3939
`
`Facsimile: (202) 626-1700
`
`Email: bharper@jonesday.com
`
`
`
`/s/ Peter D. Siddoway
`
`
`
`Peter D. Siddoway
`
`NC State Bar No. 45,647
`
`SAGE PATENT GROUP, PLLC
`
`4120 Main at North Hills,
`
`Suite 230
`
`Raleigh, NC 27609
`
`Telephone: (984) 219-3358
`
`Facsimile: (984) 538-9037
`
`Email: psiddoway@sagepat.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Attorneys for Defendant
`Cree, Inc.
`
`3
`
`Case 1:17-cv-00687-WO-JLW Document 298 Filed 10/14/21 Page 3 of 4
`
`

`

`
`
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
`
`OPTOLUM, INC.,
`
`Plaintiff,
`
`
`
`Civ. Action No. 1:17-cv-00687
`
`v.
`
`CREE, INC.,
`
`
`
`Defendant.
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on October 14, 2021, I
`
`electronically filed the foregoing with the Clerk of
`
`the Court using the CM/ECF system, which will send
`
`notification to counsel of record.
`
`/s/ Peter D. Siddoway
`Peter D. Siddoway
`
`
`
`
`
`
`
`
`
`
`
`
`4
`
`Case 1:17-cv-00687-WO-JLW Document 298 Filed 10/14/21 Page 4 of 4
`
`

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