Apple Inc. v. Psystar Corporation

Filing 143

MOTION to Seal PORTIONS OF APPLE INC.'S OPPOSITION TO PSYSTAR CORPORATION'S MOTION TO STRIKE THE DECLARATION OF JACQUES VIDRINE AND FOR SANCTIONS filed by Apple Inc.. (Attachments: # 1 Affidavit J. Jeb B. Oblak, # 2 Proposed Order)(Boroumand Smith, Mehrnaz) (Filed on 9/21/2009)

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TOWNSEND AND TOWNSEND AND CREW LLP JAMES G. GILLILAND, JR. (State Bar No. 107988) MEHRNAZ BOROUMAND SMITH (State Bar No. 197271) MEGAN M. CHUNG (State Bar No. 232044) J. JEB B. OBLAK (State Bar No. 241384) Two Embarcadero Center Eighth Floor San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] [e-mail] [e-mail] Attorneys for Plaintiff and Counterdefendant APPLE INC. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

APPLE INC., Plaintiff, v. PSYSTAR CORPORATION, a Florida corporation, and DOES 1-10, inclusive, Defendants. AND RELATED COUNTERCLAIMS.

Case No. 08-3251 WHA MISCELLANEOUS ADMINISTRATIVE REQUEST TO FILE UNDER SEAL PORTIONS OF APPLE INC.'S OPPOSITION TO PSYSTAR CORPORATION'S MOTION TO STRIKE THE DECLARATION OF JACQUES VIDRINE AND FOR SANCTIONS

Plaintiff and Counterdefendant Apple Inc. ("Apple") submits this Administrative Request pursuant to Civil Local Rules 7-11 and 79-5(c), for permission to file under seal portions of Apple Inc's Opposition to Psystar Corporation's Motion to Strike the Declaration of Jacques Vidrine and for Sanctions. This document contains highly confidential trade secret and technical information of Apple that has been designated as Confidential or Confidential Attorneys' Eyes Only under the Stipulated Protective Order approved by the Court on March 2, 2009. The undersigned declares that the request is narrowly tailored to seal only those materials for which good cause to seal has
MISC. ADMIN. REQUEST TO FILE UNDER SEAL, CASE NO. 08-3251 WHA

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been established. Pursuant to Civil Local Rule 79-5(c), a sealed copy of the above-described document(s) is being lodged with the clerk. DATED: September 21, 2009 Respectfully submitted, TOWNSEND AND TOWNSEND AND CREW LLP

By: /s/ J. Jeb B. Oblak

J. JEB B. OBLAK

Attorneys for Plaintiff and Counterdefendant APPLE INC.

MISC. ADMIN. REQUEST TO FILE UNDER SEAL, CASE NO. 08-3251 WHA

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62226445 v1

CERTIFICATE OF SERVICE I, Esther Casillas, declare I am employed in the City and County of San Francisco, California in the office of a member of the bar of this court at whose direction this service was made. I am over the age of eighteen and not a party to this action. My business address is Townsend and Townsend and Crew LLP, Two Embarcadero Center, Eighth Floor, San Francisco, California, 94111. I served the following documents exactly entitled: MISCELLANEOUS ADMINISTRATIVE REQUEST TO FILE UNDER SEAL PORTIONS OF APPLE INC.'S OPPOSITION TO PSYSTAR CORPORATION'S MOTION TO STRIKE THE DECLARATION OF JACQUES VIDRINE AND FOR SANCTIONS on the interested parties in this action following the ordinary business practice of Townsend and Townsend and Crew LLP, as follows: K.A.D. Camara Camara & Sibley LLP 2339 University Boulevard Houston, TX 77005 Phone: [phone] Fax: [phone] David Vernon Welker Welker & Rosario 2230 Skillern Drive Boise, Idaho 83709 Phone: [phone] Fax: [phone] email: [e-mail]

email: [e-mail]

[By First Class Mail] I am readily familiar with my employer's practice for collecting and processing documents for mailing with the United States Postal Service. On the date listed herein, following ordinary business practice, I served the within document(s) at my place of business, by placing a true copy thereof, enclosed in a sealed envelope, with postage thereon fully prepaid, for collection and mailing with the United States Postal Service where it would be deposited with the United States Postal Service that same day in the ordinary course of business. [By Overnight Courier] I caused each envelope to be delivered by a commercial carrier service for overnight delivery to the offices of the addressee(s). [By Hand] I directed each envelope to the party(ies) so designated on the service list to be delivered by courier this date. [By Facsimile Transmission] I caused said document to be sent by facsimile transmission to the fax number indicated for the party(ies) listed above. [By Electronic Transmission] I caused said document to be sent by electronic transmission to the e-mail address indicated for the party(ies) listed above via the court's ECF notification system. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct, and that this declaration was executed on September 21, 2009, at San Francisco, California. /s/ Esther Casillas Esther Casillas

MISC. ADMIN. REQUEST TO FILE UNDER SEAL, CASE NO. 08-3251 WHA