Apple Inc. v. Samsung Electronics Co., Ltd. et al

Filing 42

Order by Hon. Lucy H. Koh granting 6 Administrative Motion to File Under Seal.(lhklc3, COURT STAFF) (Filed on 3/6/2012)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 APPLE, INC., a California corporation, ) ) Plaintiff, ) ) v. ) ) SAMSUNG ELECTRONICS CO., LTD., a ) Korean corporation; SAMSUNG ) ELECTRONICS AMERICA, INC., a New York ) corporation; and SAMSUNG ) TELECOMMUNICATIONS AMERICA, LLC, ) a Delaware limited liability company, ) ) Defendants. ) ) Case No.: 12-CV-00630-LHK ORDER GRANTING ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL (re: dkt. #6) On February 8, 2012, Plaintiff Apple, Inc. (“Apple”) filed an administrative motion to file 21 under seal portions of: (1) the Declaration of Arthur Rangel in support of Apple’s motion for a 22 preliminary injunction, including attached confidential exhibits (“Rangel Declaration”); (2) the 23 Declaration of Christopher Vellturo, Ph.D., in support of Apple’s motion for a preliminary 24 injunction, including attached confidential exhibits (“Vellturo Declaration”); and (3) Apple’s 25 Motion and Memorandum in Support of Apple’s Motion for a Preliminary Injunction (“Opening 26 Brief”). ECF No. 6. 27 28 Where, as here, a party seeks to seal documents attached to a non-dispositive motion, the Ninth Circuit requires a showing of good cause to justify the sealing of those documents. 1 Case No.: 12-CV-00630-LHK ORDER GRANTING MOTION TO FILE UNDER SEAL 1 Kamakana v. City and Cnty. of Honolulu, 447 F.3d 1172, 1180 (9th Cir. 2006). In addition, the 2 Civil Local Rules of this Court require that all requests to file under seal be “narrowly tailored to 3 seek sealing only of sealable material.” Civ. L. R. 79-5(a). Apple claims that good cause exists to 4 seal the material requested because the Rangel Declaration and the Vellturo Declaration contain or 5 provide as exhibits confidential, proprietary market research and analysis, including information 6 pertaining to confidential Apple customer surveys and the competitive landscape for mobile 7 devices. This information reflects Apple’s confidential business and marketing strategy, was 8 created at a significant cost to Apple, and could be used by Apple’s competitors to its disadvantage, 9 particularly because it discusses Apple’s customers. Decl. of Cyndi Wheeler ¶ 3, ECF No. 8. United States District Court For the Northern District of California 10 The Court agrees that the portions of the Rangel and Vellturo Declarations Apple seeks to 11 file under seal consist of such confidential information, and sealing of these documents is therefore 12 appropriate. In addition, Apple has narrowly tailored the proposed redactions of its Opening Brief 13 to seal only those portions that incorporate the sealable information contained in the Rangel and 14 Vellturo Declarations. Accordingly, the Court finds that good cause exists to seal these documents 15 and therefore GRANTS Apple’s motion to file under seal. 16 IT IS SO ORDERED. 17 18 Dated: March 6, 2012 _________________________________ LUCY H. KOH United States District Judge 19 20 21 22 23 24 25 26 27 28 2 Case No.: 12-CV-00630-LHK ORDER GRANTING MOTION TO FILE UNDER SEAL