Qualcomm Incorporated v. Apple Incorporated

Filing 16

ORDER TO SHOW CAUSE. Show Cause Response due by 3/4/2019. Signed by Judge Kandis A. Westmore on 2/28/2019. (kawlc2S, COURT STAFF) (Filed on 2/28/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Case No. 19-mc-80038-KAW

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IN RE SUBPOENA ISSUED TO INTEL

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CORPORATION

ORDER TO SHOW CAUSE
Re: Dkt. No. 7

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United States District Court
Northern District of California

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On February 22, 2019, Qualcomm Inc. filed an administrative motion to file under seal.

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(Dkt. No. 7.) Qualcomm sought to file under seal information Intel Corporation had designated as

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confidential or highly confidential. Per Local Rule 79-5(3), when "the Submitting Party is seeking

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to file under seal a document designated as confidential by the opposing party . . . (1) [w]ithin 4

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days of the filing of the Administrative Motion to File Under Seal, the Designating Party must file

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a declaration as required by subsection 79-5(d)(1)(A) establishing that all of the designated

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material is sealable."

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Intel's declaration was due by February 26, 2019. As of the date of this order, Intel has not

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filed a declaration. Indeed, on February 28, 2019, Intel withdrew its own motion to file under

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seal, stating that the information it had sought to seal actually related to a released product, rather

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than a future one. (Dkt. No. 13 at 2.) Qualcomm's motion to file under seal appears to be related

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to similar information that Intel no longer seeks to file under seal. Accordingly, Intel is

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ORDERED, on or before March 4, 2019, to: (1) file the required declaration establishing that the

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designated information is sealable or stating that sealing is not necessary, and (2) respond to this

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order to show cause by explaining why it did not file a timely declaration. Failure to complete

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both tasks by March 5, 2019 will result in the Court denying Qualcomm's motion to file under

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seal.
IT IS SO ORDERED.
Dated: February 28, 2019
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KANDIS A. WESTMORE
United States Magistrate Judge

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United States District Court
Northern District of California

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