1 2 3 4 5 6 7 8 9 10 HAROLD J. MCELHINNY (CA SBN 66781) hmcelhinny@mofo.com MICHAEL A. JACOBS (CA SBN 111664) mjacobs@mofo.com JENNIFER LEE TAYLOR (CA SBN 161368) jtaylor@mofo.com ALISON M. TUCHER (CA SBN 171363) atucher@mofo.com RICHARD S.J. HUNG (CA SBN 197425) rhung@mofo.com JASON R. BARTLETT (CA SBN 214530) jasonbartlett@mofo.com MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: (415) 268-7000 Facsimile: (415) 268-7522 Attorneys for Plaintiff APPLE INC. KENNETH H. BRIDGES (CA SBN 243541) kbridges@bridgesmav.com MICHAEL T. PIEJA (CA SBN 250351) mpieja@bridgesmav.com BRIDGES & MAVRAKAKIS LLP 3000 El Camino Real One Palo Alto Square, 2nd Floor Palo Alto, CA 94306 Telephone: (650) 804-7800 Facsimile: (650) 852-9224 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 SAN JOSE DIVISION 14 15 APPLE INC., a California corporation, Case No. 11-cv-01846-LHK 16 Plaintiff, 17 v. 18 19 20 21 22 APPLE’S STIPULATED ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL SAMSUNG ELECTRONICS CO., LTD., A Korean business entity; SAMSUNG ELECTRONICS AMERICA, INC., a New York corporation; SAMSUNG TELECOMMUNICATIONS AMERICA, LLC, a Delaware limited liability company., Defendants. 23 24 In accordance with Civil L.R. 79-5 and 7-11, and General Order No. 62, Apple Inc. 25 (“Apple”) moves this Court for an order to seal the Declaration of Richard J. Lutton, Jr. in 26 Support of Apple’s Motion for a Preliminary Injunction (the “Lutton Declaration”). 27 28 APPLE’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL CASE NO. 11-CV-01846-LHK sf-3013959 1 Apple has established good cause to permit filing this information under seal through the 2 Declaration of Richard J. Lutton, Jr. in Support of Apple’s Administrative Motion to File 3 Documents Under Seal (the “Lutton Sealing Declaration”), filed herewith. The Lutton 4 Declaration contains information relating to Apple’s discussions with Samsung prior to the 5 initiation of this lawsuit. (Lutton Sealing Decl. at ¶ 2.) 6 Although they took place before the commencement of litigation, these negotiations are 7 akin to settlement negotiations that are often protected from disclosure by the courts. See, e.g., 8 Jones v. Metro. Life Ins. Co., 08-cv-3971, 2010 U.S. Dist. LEXIS 113219, at *11 (N.D. Cal. 9 Oct. 15, 2010) (redacting contents of settlement negotiations filed under seal). Apple negotiated 10 with Samsung intending and expecting that the communications exchanged would not be 11 broadcast to the public. (Lutton Sealing Decl. at ¶ 2.) Maintaining the privacy of such business 12 discussions is important to promoting efficient resolution of business disputes, because it 13 encourages a frank dialogue in spite of the possibility that the negotiating parties might later 14 become legal adversaries. 15 In order to narrowly tailor the requested sealing to only sealable material, Apple has 16 limited its request to the Lutton Declaration. Apple does not request to file its Motion for a 17 Preliminary Injunction or supporting brief under seal, and any references to the Lutton 18 Declaration in those documents are constructed to avoid disclosing confidential information. 19 In conclusion, Apple requests that the Court order that the Lutton Declaration be filed 20 under seal. Counsel for the Samsung defendants have stipulated to this request. (Declaration of 21 Richard S.J. Hung Regarding Meet and Confer Obligations relating to Apple Inc.’s Motions Filed 22 on July 1, 2011, filed herewith, ¶ 4.) 23 Dated: July 1, 2011 MORRISON & FOERSTER LLP 24 25 26 27 By: /s/ Michael A. Jacobs MICHAEL A. JACOBS Attorneys for Plaintiff APPLE INC. 28 APPLE’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL CASE NO. 11-CV-01846-LHK sf-3013959 1 1 2 ECF ATTESTATION I, JASON R. BARTLETT, am the ECF User whose ID and password are being used to 3 file the following document: APPLE’S STIPULATED ADMINSTRATIVE MOTION TO FILE 4 DOCUMENTS UNDER SEAL. In compliance with General Order 45, X.B., I hereby attest that 5 Michael A. Jacobs has concurred in this filing. 6 7 8 Dated: July 1, 2011 MORRISON & FOERSTER LLP By: /s/ Jason R. Bartlett JASON R. BARTLETT 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 APPLE’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL CASE NO. 11-CV-01846-LHK sf-3013959 2