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N.D. Cal.Procedural orderFiled June 9, 2021

Epic Games, Inc. v. Apple Inc.

Judge
Yvonne Rogers
Docket
4:20-cv-05640
Court
U.S. District Court · Northern District of California
Pages
4
Civil ProcedureEvidence
In one sentence

In Epic Games v. Apple, Judge Rogers granted a stipulation and most sealing requests, and corrected Sony’s sealing ruling.

Who this affects

Epic Games, Inc., Apple Inc., Sony Interactive Entertainment LLC, and parties or non-parties whose documents or proposed redactions were covered by the sealing requests.

What happened

In Epic Games, Inc. v. Apple Inc., the court issued a posttrial order addressing a party stipulation, Sony Interactive Entertainment LLC’s request to clarify an earlier sealing order, and final requests to keep portions of court records secret. The order did not decide the underlying business-competition dispute.

The court granted the pending stipulation, which withdrew specified exhibits. It corrected a typographical error concerning document DX-3660, requiring the sentence defining “Competitive Platform” to be made public while keeping the remaining proposed redactions sealed. The court also ruled on Epic Games’ and Apple Inc.’s sealing requests, with specific portions ordered unsealed or kept sealed, and granted deferred sealing requests as requested.

Judge Rogers based the sealing decisions on the public’s strong right to access court records and the need for specific reasons to protect information such as trade secrets. The order terminated the listed docket entries and did not rule on the merits of the case.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Epic Games, Inc. v. Apple Inc. · No. 4:20-cv-05640
Judge
Yvonne Rogers
Date
June 9, 2021

Background

This posttrial order addressed several administrative matters in the case, including a pending stipulation, Sony Interactive Entertainment LLC’s request to clarify an earlier sealing order, final requests to seal documents or portions of documents, and previously deferred sealing requests. The court explained that the case concerns business competition and that court records are generally subject to a strong presumption of public access. Under the applicable standard, sealing requires sufficiently strong reasons—such as protecting trade secrets—that outweigh the public interest in disclosure.

Rulings

- The court granted the pending stipulation at Docket No. 741. Under that stipulation, the exhibits identified in the order were deemed withdrawn. The supplied opinion text cuts off partway through that exhibit list. - The court amended its earlier ruling on Sony’s sealing request concerning DX-3660 because of a typographical error. The sentence defining “Competitive Platform” must be unredacted, while the remaining proposed redactions were found appropriately sealed. - The court granted Epic Games’ administrative motion to seal concerning Expert 1, except that the proposed redactions in paragraph 88 must be unsealed and made public. - The court granted Apple Inc.’s administrative motions to seal at Docket Nos. 729, 730, 735, 740, and 747 as to the documents covered by the order, subject to the document-specific instructions stated in the order. Those instructions kept certain proposed redactions sealed, required other portions of PX-2302 to be unredacted, and allowed a referenced monetary amount in one portion to remain redacted and sealed. The order also warned Apple that the court might cite sealed portions in a later final order on the merits. - The court granted Epic Games’ administrative motion at Docket No. 731 to partially seal DX-4133, while warning that the court might cite sealed portions in a later final order on the merits. - The court granted previously deferred requests to seal, to the extent they had not already been decided, as requested by the parties or non-parties.

Effect of the Order

Judge Yvonne Gonzalez Rogers’s order resolved the listed administrative docket matters and terminated Docket Nos. 699, 729, 730, 731, 735, 739, 740, 741, and 747. It was a procedural order about withdrawn exhibits and public access to court records; it did not decide who prevailed on the underlying dispute between Epic Games and Apple Inc.

The authoritative version

Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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