Elan Microelectronics Corporation v. Apple, Inc.

Filing 216

Administrative Motion to File Under Seal /Elan Microelectronics Corporation's RENEWED Administrative Motion to File Portions or the Entirety of Papers in Support of Its Motion for Partial Summary Judgment of Infringement Under Seal filed by Elan Microelectronics Corporation. (Attachments: # 1 Declaration, # 2 Proposed Order)(Liu, Jennifer) (Filed on 5/25/2011)

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YITAI HU (SBN 248085)
[e-mail]
SEAN P. DEBRUINE (SBN 168071)
[e-mail]
ELIZABETH H. RADER (SBN 184963)
[e-mail]
JANE HAN BU (SBN 240081)
[e-mail]
JENNIFER LIU (SBN 268990)
[e-mail]
PALANI P. RATHINASAMY (SBN 269852)
[e-mail]
ALSTON & BIRD LLP
275 Middlefield Road, Suite 150
Menlo Park, CA 94025-4008
Telephone:
650-838-2000
Facsimile:
650-838-2001
Attorneys for Plaintiff and Counterdefendant
ELAN MICROELECTRONICS
CORPORATION

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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ELAN MICROELECTRONICS
CORPORATION,

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PLAINTIFF ELAN
MICROELECTRONICS
CORPORATION’S RENEWED
ADMINISTRATIVE MOTION TO FILE
PORTIONS OR THE ENTIRETY OF
PAPERS IN SUPPORT OF ITS MOTION
FOR PARTIAL SUMMARY
JUDGMENT OF INFRINGEMENT
UNDER SEAL

Plaintiff,

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Case No. 09-cv-01531 RS (PSG)

v.
APPLE, INC.,
Defendant.

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AND RELATED COUNTERCLAIMS

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ELAN’S RENEWED ADMIN. MOT. TO FILE PORTIONS OR THE
ENTIRETY OF PAPERS ISO OF ITS MOT FOR PARTIAL
SUMMARY JUDGMENT OF INFRINGEMENT UNDER SEAL

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Case No. 09-cv-01531 RS (PSG)

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Pursuant to Civil Local Rules 7-11 and 79-5 and the Court’s May 11, 2011 Order Denying

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Motion to Seal Without Prejudice (Dkt No. 204), Plaintiff Elan Microelectronics Corporation

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(“Elan”) hereby requests leave of Court to file under seal portions or the entirety of the following

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documents which have been lodged with the Clerk:

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1.

Elan’s Motion for Partial Summary Judgment of Infringement of U.S. Patent

5,875,352 (partially redacted);
2.

Declaration of Robert Dezmelyk in Support of Elan’s Motion for Partial Summary

Judgment of Infringement (partially redacted);
3.

Exhibit B to the Declaration of Robert Dezmelyk in Support of Elan’s Motion for

Partial Summary Judgment of Infringement (partially redacted);
4.

Amended Declaration of Jennifer Liu in Support of Elan’s Motion for Partial

Summary Judgment of Infringement (partially redacted);
5.

Exhibit 3 to the Amended Declaration of Jennifer Liu in Support of Elan’s Motion

for Partial Summary Judgment of Infringement (filed under seal);
6.

Exhibit 4 to the Amended Declaration of Jennifer Liu in Support of Elan’s Motion

for Partial Summary Judgment of Infringement (filed under seal);
7.

Exhibit 5 to the Amended Declaration of Jennifer Liu in Support of Elan’s Motion

for Partial Summary Judgment of Infringement (filed under seal);
8.

Exhibit 6 to the Amended Declaration of Jennifer Liu in Support of Elan’s Motion

for Partial Summary Judgment of Infringement (filed under seal);
9.

Exhibit 23 to the Amended Declaration of Jennifer Liu in Support of Elan’s Motion

for Partial Summary Judgment of Infringement (filed under seal);
10.

Exhibit 24 to the Amended Declaration of Jennifer Liu in Support of Elan’s Motion

for Partial Summary Judgment of Infringement (filed under seal);
11.

Exhibit 25 to the Amended Declaration of Jennifer Liu in Support of Elan’s Motion

for Partial Summary Judgment of Infringement (filed under seal);
12.

Exhibit 27 to the Amended Declaration of Jennifer Liu in Support of Elan’s Motion

for Partial Summary Judgment of Infringement (filed under seal);
ELAN’S RENEWED ADMIN. MOT. TO FILE PORTIONS OR THE
ENTIRETY OF PAPERS ISO OF ITS MOT FOR PARTIAL
SUMMARY JUDGMENT OF INFRINGEMENT UNDER SEAL

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Case No. 09-cv-01531 RS (PSG)

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13.

Exhibit 29 to the Amended Declaration of Jennifer Liu in Support of Elan’s Motion

for Partial Summary Judgment of Infringement (filed under seal);
14.

Exhibit 30 to the Amended Declaration of Jennifer Liu in Support of Elan’s Motion

for Partial Summary Judgment of Infringement (filed under seal);
15.

Exhibit 31 to the Amended Declaration of Jennifer Liu in Support of Elan’s Motion

for Partial Summary Judgment of Infringement (filed under seal);
16.

Exhibit 32 to the Amended Declaration of Jennifer Liu in Support of Elan’s Motion

for Partial Summary Judgment of Infringement (filed under seal);
17.

Exhibit 33 to the Amended Declaration of Jennifer Liu in Support of Elan’s Motion

for Partial Summary Judgment of Infringement (filed under seal);
18.

Exhibit 34 to the Amended Declaration of Jennifer Liu in Support of Elan’s Motion

for Partial Summary Judgment of Infringement (partially redacted);
19.

Exhibit 35 to the Amended Declaration of Jennifer Liu in Support of Elan’s Motion

for Partial Summary Judgment of Infringement (filed under seal);
20.

Exhibit 36 to the Amended Declaration of Jennifer Liu in Support of Elan’s Motion

for Partial Summary Judgment of Infringement (filed under seal);
21.

Exhibit 37 to the Amended Declaration of Jennifer Liu in Support of Elan’s Motion

for Partial Summary Judgment of Infringement (filed under seal);
22.

Exhibit 39 to the Amended Declaration of Jennifer Liu in Support of Elan’s Motion

for Partial Summary Judgment of Infringement (filed under seal);
23.

Exhibit 40 to the Amended Declaration of Jennifer Liu in Support of Elan’s Motion

for Partial Summary Judgment of Infringement (filed under seal);
24.

Exhibit 41 to the Amended Declaration of Jennifer Liu in Support of Elan’s Motion

for Partial Summary Judgment of Infringement (filed under seal);
25.

Exhibit 42 to the Amended Declaration of Jennifer Liu in Support of Elan’s Motion

for Partial Summary Judgment of Infringement (filed under seal);
26.

Exhibit 43 to the Amended Declaration of Jennifer Liu in Support of Elan’s Motion

for Partial Summary Judgment of Infringement (filed under seal);
ELAN’S RENEWED ADMIN. MOT. TO FILE PORTIONS OR THE
ENTIRETY OF PAPERS ISO OF ITS MOT FOR PARTIAL
SUMMARY JUDGMENT OF INFRINGEMENT UNDER SEAL

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Case No. 09-cv-01531 RS (PSG)

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27.

Exhibit 44 to the Amended Declaration of Jennifer Liu in Support of Elan’s Motion

for Partial Summary Judgment of Infringement (filed under seal);
28.

Exhibit 45 to the Amended Declaration of Jennifer Liu in Support of Elan’s Motion

for Partial Summary Judgment of Infringement (filed under seal);
29.

Exhibit 47 to the Amended Declaration of Jennifer Liu in Support of Elan’s Motion

for Partial Summary Judgment of Infringement (filed under seal).

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As grounds for this motion, Elan states that portions of Elan’s Motion for Partial Summary

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Judgment of Infringement, the Dezmelyk Declaration, Exhibit B to the Dezmelyk Declaration, the

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Amended Liu Declaration and Exhibit 34 to the Amended Liu Declaration constitute, or disclose

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information contained in, documents designated by Defendant Apple Inc. (“Apple”) as

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“Confidential − Attorney Eyes Only” or “Confidential – Attorneys Eyes Only – Source Code”

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pursuant to the Amended Protective Order in this matter. See Declaration of Jennifer Liu In

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Support of Plaintiff Elan Microelectronics Corporation’s Renewed Motion To File Papers Under

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Seal filed concurrently herewith. In accordance with Civil Local Rule 79-5, for these partially

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redacted documents, only minimum and necessary redactions are made to protect sealable

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information identified and confirmed by Apple. In addition, Elan states that Exhibits 3-6, 23-25,

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27, 29-33, 35-37, 39-45, 47 to the Amended Liu Declaration constitute documents designated by

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Apple as “Confidential − Attorney Eyes Only” or “Confidential – Attorneys Eyes Only – Source

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Code” pursuant to the Amended Protective Order in this matter. These exhibits predominately

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consist of sealable information such that it may be appropriate to seal the entire document rather

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than requiring submission of a heavily redacted document that would not substantially further the

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policy of providing public access to, and understanding of, court proceedings. See id. Pursuant to

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the Court’s May 11, 2011 Order Denying Elan’s Motion to Seal Without Prejudice (Dkt No. 204),

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Elan states that it has met and conferred with counsel for Apple, and confirmed with Apple the

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sealable materials identified above which Apple believes there exists a good faith basis to permit

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sealing. Elan further states that the parties have given particularized consideration to each exhibit

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prior to requesting that it be sealed, either in its entirety or through redactions.

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For the reasons stated above, the Court should grant Elan leave to file the above identified
ELAN’S RENEWED ADMIN. MOT. TO FILE PORTIONS OR THE
ENTIRETY OF PAPERS ISO OF ITS MOT FOR PARTIAL
SUMMARY JUDGMENT OF INFRINGEMENT UNDER SEAL

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Case No. 09-cv-01531 RS (PSG)

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documents either partially or entirely under seal.

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DATED: May 24, 2011

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Respectfully submitted,
ALSTON & BIRD LLP

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By:

/s/ Jennifer Liu
Jennifer Liu
Attorneys for Plaintiff
ELAN MICROELECTRONICS CORPORATION

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ELAN’S RENEWED ADMIN. MOT. TO FILE PORTIONS OR THE
ENTIRETY OF PAPERS ISO OF ITS MOT FOR PARTIAL
SUMMARY JUDGMENT OF INFRINGEMENT UNDER SEAL

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Case No. 09-cv-01531 RS (PSG)