Apple Inc. v. Psystar Corporation

Filing 158

ORDER GRANTING REQUEST TO FILE UNDER SEAL (1) PORTIONS OF APPLE'S REPLY BRIEF IN SUPPORT OF ITS MOTION TO DISMISS OR ENJOIN, (2) CERTAIN EXHIBITS TO THE REPLY DECLARATION OF OBLAK; (3) REPLY DECLARATION OF DR. KELLY AND EXHIBITS by Judge Alsup (re 145 Motion to Seal). (whalc1, COURT STAFF) (Filed on 9/25/2009)

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Apple Inc. v. Psystar Corporation Doc. 158 Case3:08-cv-03251-WHA Document145-2 Filed09/25/09 Page1 of 33 Case3:08-cv-03251-WHA Document158 Filed09/21/09 Page1 of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: (415) 576-0200 Facsimile: (415) 576-0300 Email: jggilliland@townsend.com mboroumand@townsend.com mmchung@townsend.com jboblak@townsend.com 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 [PROPOSED] ORDER GRANTING MISCELLANEOUS ADMINISTRATIVE REQUEST FOR AN ORDER PERMITTING THE FILING UNDER SEAL OF (1) PORTIONS OF APPLE INC.'S REPLY BRIEF IN SUPPORT OF ITS MOTION TO DISMISS OR ENJOIN, (2) CERTAIN EXHIBITS TO THE REPLY DECLARATION OF J. JEB B. OBLAK IN SUPPORT THEREOF; (3) REPLY DECLARATION OF DR. JOHN P. J. KELLY AND EXHIBITS THERETO IN SUPPORT THEREOF [PROPOSED] ORDER GRANTING MISC. ADMIN. REQ. FOR AN ORDER PERMITTING THE FILING UNDER SEAL OF (1) PORTIONS OF APPLE INC.'S REPLY BRIEF ISO ITS MOTION TO DISMISS OR ENJOIN, (2) CERTAIN EXHIBITS TO THE REPLY DECL. OF J. JEB B. OBLAK IN SUPP. THEREOF; (3) REPLY DECL. OF DR. JOHN P. J. KELLY AND EXHIBITS THERETO IN SUPP. THEREOF CASE NO. 08-3251 WHA 1 Dockets.Justia.com Caase3008ccv003251WHA Document145-2 Filed09/25/09 Page2 of 33 C se3: : 8- - v- - 3251- -WHA Document158 Filed09/21/09 Page2 of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 For good cause shown, Apple Inc.'s request to file under seal the following documents is GRANTED: o Portions of Reply Brief In Support Of Apple Inc.'s Motion To Dismiss Or Enjoin Prosecution Of The Recently-Filed Florida Action And To Re-Open Discovery For Limited Purposes Exhibits 1-6 to the Reply Declaration Of J. Jeb B. Oblak In Support Of Apple Inc.'s Motion To Dismiss Or Enjoin Prosecution Of The Recently-Filed Florida Action And To Re-Open Discovery For Limited Purposes Reply Declaration Of Dr. John P. J. Kelly In Support Of Apple Inc.'s Motion To Dismiss Or Enjoin and exhibits thereto o o IT IS SO ORDERED. September 24, 2009 DATED: ____________________ UNIT ED S S DISTRICT TE C TA N F D IS T IC T O R [PROPOSED] ORDER GRANTING MISC. ADMIN. REQ. FOR AN ORDER PERMITTING THE FILING UNDER SEAL OF (1) PORTIONS OF APPLE INC.'S REPLY BRIEF ISO ITS MOTION TO DISMISS OR ENJOIN, (2) CERTAIN EXHIBITS TO THE REPLY DECL. OF J. JEB B. OBLAK IN SUPP. THEREOF; (3) REPLY DECL. OF DR. JOHN P. J. KELLY AND EXHIBITS THERETO IN SUPP. THEREOF CASE NO. 08-3251 WHA A 62224152 v1 ER C LI FO Hon. William Alsup United States District William Alsup Judge Judge R NIA O OR IT IS S DERED RT U O NO RT H 2 Case3:08-cv-03251-WHA Document145-2 Filed09/25/09 Page3 of 33 Case3:08-cv-03251-WHA Document158 Filed09/21/09 Page3 of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CERTIFICATE OF SERVICE CASE NO. 08-3251 WHA CERTIFICATE OF SERVICE I, Diane G. Sunnen, 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: [PROPOSED] ORDER GRANTING MISCELLANEOUS ADMINISTRATIVE REQUEST FOR AN ORDER PERMITTING THE FILING UNDER SEAL OF (1) PORTIONS OF APPLE INC.'S REPLY BRIEF IN SUPPORT OF ITS MOTION TO DISMISS OR ENJOIN, (2) CERTAIN EXHIBITS TO THE REPLY DECLARATION OF J. JEB B. OBLAK IN SUPPORT THEREOF; (3) REPLY DECLARATION OF DR. JOHN P. J. KELLY AND EXHIBITS THERETO IN SUPPORT THEREOF 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: 713-893-7973 Fax: 713-583-1131 David Vernon Welker Welker & Rosario 2230 Skillern Drive Boise, Idaho 83709 Phone: 949-378-2900 Fax: 717-924-6627 email: camara@camarasibley.com email: david.welker@werolaw.com [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/Diane G. Sunnen Diane G. Sunnen

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