Skillz Platform Inc. v. AviaGames Inc.

Background

The court considered two sealing requests: Skillz Platform Inc.’s motion concerning material designated confidential by another party, and AviaGames Inc.’s motion to seal its corrected reply in support of its motion to stay the case pending inter partes reviews. The filings concerned AviaGames’ motion to stay and included information that AviaGames had designated confidential under the parties’ stipulated protective order. AviaGames stated that the information was confidential business and financial information of AviaGames and its investors Makers Fund, Powerhouse Capital, and Washington Harbour Partners.

Legal standard

Because the sealing requests related to a non-dispositive motion, the court applied the “good cause” standard. The court explained that judicial records generally carry a strong presumption of public access, and that a protective order alone does not establish that every designated document should remain sealed. Under the Northern District of California’s Local Rule 79-5, a party seeking sealing must identify the material, explain the interests supporting secrecy and the harm from disclosure, explain why a less restrictive alternative would not suffice, and provide supporting evidence when necessary.

Ruling

The court found that AviaGames had shown sufficient grounds to seal the specified business and financial information. It granted the sealing requests as follows:

- ECF No. 85: The court granted sealing for highlighted portions of Skillz’s opposition to AviaGames’ motion to stay, including pages 9:8–12 and 9:16–17, based on AviaGames’ confidential business and financial information. - ECF No. 85: The court granted sealing for highlighted portions at pages 8:11–13, 8:17–18, and 9:3–5, based on confidential information of Washington Harbour Partners and AviaGames. - ECF No. 85: The court granted sealing for highlighted portions at pages 9:20–22, based on confidential information of Makers Fund and AviaGames. - ECF No. 85: The court granted sealing for highlighted portions at pages 8:18–19, based on confidential information of Powerhouse Capital and AviaGames. - ECF No. 85: The court granted sealing of the entire Yang Declaration, ECF No. 84-1, Exhibits 6 and 7, based on AviaGames’ confidential business and financial information. - ECF No. 85: The court granted sealing of the entire Yang Declaration, ECF No. 84-1, Exhibit 8, based on confidential information of Makers Fund. - ECF No. 85: The court granted sealing of the entire Yang Declaration, ECF No. 84-1, Exhibit 9, based on confidential information of Powerhouse Capital. - ECF No. 85: The court granted sealing of the entire Yang Declaration, ECF No. 84-1, Exhibit 10, based on confidential information of Washington Harbour Partners. - ECF No. 91: The court granted sealing of the redacted portions at pages 5:4–6 of AviaGames’ corrected reply in support of its motion to stay, based on confidential information of Makers Fund and Washington Harbour Partners.

The order states that the parties’ administrative motions were granted. Judge Beth Labson Freeman signed the order dated March 24, 2022.