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

Filing 91

MOTION to Seal Document 90 Declaration in Support, filed by Apple Computer Inc.. (Attachments: # 1 # 2)(Brown, Nicholas) (Filed on 1/4/2007)

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

Doc. 91

Case 3:06-cv-00019-MHP

Document 91

Filed 01/04/2007

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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.,

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

Defendant. 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 SV1:\262784\01\5mrk01!.DOC\15096.0006

Dockets.Justia.com

Case 3:06-cv-00019-MHP

Document 91

Filed 01/04/2007

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Apple Computer, Inc. ("Apple") hereby requests, pursuant to Civil Local Rules 710 and 79-5, an Order sealing the exhibits to the Declaration of Leeron G. Kalay in Support of Apple's Motion For Summary Judgment of Noninfringement of the "Stored Time Compressed Representation" Limitation lodged with the Court on January 4, 2007, specifically: · Exhibit 1 ­ a true and correct copy of the transcript of the deposition of Jeff Robbin, taken on September 19, 2006. Exhibit 2 - a true and correct copy of the transcript of the deposition of Patrice Gautier, taken on October 25, 2006. Exhibit 3 - a true and correct copy of excerpts from the transcript of the deposition of Richard Lang in Burst.com, Inc. v. Microsoft Corp., Case No. 02-2090 (District of Maryland), taken on July 23, 2003. Each of the forgoing exhibits is lodged with the Declaration of Leeron G. Kalay in

13 Support of Apple's Motion for Summary Judgment of Noninfringement of the "Stored Time 14 Compressed Representation" Limitation. Pursuant to a stipulated protective order filed with this 15 Court on September 15, 2006, parties may designate documents as Confidential Counsel's Eyes 16 Only. See Declaration of Leeron G. Kalay in Support of Plaintiff's Miscellaneous Administrative 17 Request Pursuant to Civil Local Rules 7-10 and 79-5 to Seal Documents ("Kalay Decl. in Support 18 of Apple's Miscellaneous Administrative Request"), Exhibit A. The Protective Order requires 19 that, when so designated, such materials are to be filed with the Court under seal. Id. at ¶ 14. 20 Both exhibits 1 and 2 have been designated as Confidential Outside Attorneys' Eyes Only by 21 Apple, and Exhibit 3 has been designated as Confidential by Burst.com, Inc. See Kalay Decl. in 22 Support of Apple's Miscellaneous Administrative Request. 23 24 25 26 27 28
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 SV1:\262784\01\5mrk01!.DOC\15096.0006

Case 3:06-cv-00019-MHP

Document 91

Filed 01/04/2007

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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: January 4, 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 SV1:\262784\01\5mrk01!.DOC\15096.0006