Apple Computer Inc. v. Burst.com, Inc.

Filing 158

MOTION to Seal Document Pursuant to Civil Local Rules 7-10 and 79-5 filed by Apple Inc.. Motion Hearing set for 9/18/2007 02:00 PM in Courtroom 15, 18th Floor, San Francisco. (Brown, Nicholas) (Filed on 9/6/2007)

Apple Computer Inc. v. Burst.com, Inc.

Doc. 158

Case 3:06-cv-00019-MHP

Document 158

Filed 09/06/2007

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MATTHEW D. POWERS (Bar No. 104795) [e-mail] GARLAND T. STEPHENS (admitted N.D.C.A., Texas Bar No. 24053910) [e-mail] NICHOLAS A. BROWN (Bar No. 198210) [e-mail] WEIL, GOTSHAL & MANGES LLP Silicon Valley Office 201 Redwood Shores Parkway Redwood Shores, CA 94065 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff APPLE COMPUTER, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

APPLE COMPUTER, INC., Plaintiff, v. BURST.COM, INC., Defendant.

Case No. C 06-0019 MHP MISCELLANEOUS ADMINISTRATIVE REQUEST PURSUANT TO CIVIL LOCAL RULES 7-10 AND 79-5 TO SEAL DOCUMENTS Hon. Marilyn Hall Patel Complaint Filed: January 4, 2006 Trial Date: February 26, 2008

MISCELLANEOUS ADMINISTRATIVE REQUEST PURSUANT TO CIVIL LOCAL RULES 7-10 & 79-5 TO SEAL DOCUMENTS

Case No. C 06-0019 MHP

Dockets.Justia.com

Case 3:06-cv-00019-MHP

Document 158

Filed 09/06/2007

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Apple Computer, Inc. ("Apple") hereby requests, pursuant to Civil Local Rules 710 and 79-5, an Order sealing Exhibits D and O to the Declaration Nicholas A. Brown in Support of Apple Computer, Inc.'s Reply in Support of its Second Motion for Summary Judgment of Invalidity, lodged with the Court on September 6, 2007. Specifically, Exhibit D is a true and correct copy of the transcript of the deposition of Richard Lang, taken on July 23, 2003, in the matter of Burst.com v. Microsoft Corp., Case No. 02-2090 (District of Maryland); Exhibit O is a true and correct copy deposition of Earl Mincer in Apple, Inc. v. Burst.com, Inc. Civil No. C 060019 MHP taken on July 20, 2007. The forgoing exhibits are lodged with the Declaration of Nicholas A. Brown in Support of Apple Computer, Inc.'s Reply in Support of its Second Motion for Summary Judgment of Invalidity. Pursuant to a stipulated protective order filed with this Court on

September 15, 2006, parties may designate documents as Confidential Counsel's Eyes Only. The Protective Order requires that, when so designated, such materials are to be filed with the Court under seal. Id. at ¶ 14. Exhibit D and Exhibit O have been designated as Confidential Outside Attorneys' Eyes Only by Burst.com, Inc. See Kalay Decl. in Support of Apple's Miscellaneous Administrative Request. Accordingly, this narrowly-tailored request to seal is only for material for which good cause to seal has been established. A Proposed Order has been filed and served herewith. Dated: September 7, 2007 WEIL, GOTSHAL & MANGES LLP By: /s/ Leeron G. Kalay Attorney for Plaintiff Apple Computer, Inc.

MISCELLANEOUS ADMINISTRATIVE REQUEST PURSUANT TO CIVIL LOCAL RULES 7-10 & 79-5 TO SEAL DOCUMENTS

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Case No. C 06-0019 MHP