Elan Microelectronics Corporation v. Apple, Inc.

Filing 222

Administrative Motion to File Under Seal Portions or the Entirety of Papers in Support of Plaintiff Elan Microelectronics Corporation's Motion to Compel Apple, Inc. to Produce Testing Tool filed by Elan Microelectronics Corporation. Motion Hearing set for 6/7/2011 02:00 PM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. (Attachments: # 1 Declaration, # 2 Proposed Order)(Rathinasamy, Palani) (Filed on 5/27/2011)

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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 FRANCISCO DIVISION

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ELAN MICROELECTRONICS
CORPORATION,
Plaintiff and Counterdefendant,

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v.
APPLE, INC.,
Defendant and Counterplaintiff.

Case No. 5:09-cv-01531 RS (PSG)
PLAINTIFF ELAN
MICROELECTRONICS
CORPORATION’S ADMINISTRATIVE
MOTION TO FILE UNDER SEAL
PORTIONS OR THE ENTIRETY OF
PAPERS IN SUPPORT OF ITS MOTION
TO COMPEL APPLE, INC. TO
PRODUCE TESTING TOOL

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AND RELATED COUNTERCLAIMS

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ELAN’S ADMIN. MOT. TO FILE UNDER SEAL PORTIONS OR
THE ENTIRETY OF PAPERS ISO OF ITS MOT TO COMPEL
APPLE, INC. TO PRODUCE TESTING TOOL

Case No. 5:09-cv-01531 RS (PSG)

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Pursuant to Civil Local Rules 7-11 and 79-5, 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 to Compel Apple, Inc. to Produce Testing Tool (partially redacted);

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2.

Declaration of Palani P. Rathinasamy in Support of Elan’s Motion to Compel Apple,

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Inc. to Produce Testing Tool (partially redacted);
3.

Declaration of Sean P. DeBruine in Support of Elan’s Motion to Compel Apple, Inc.

to Produce Testing Tool (partially redacted);
4.

Exhibit C to the Declaration of Palani P. Rathinasamy in Support of Elan’s Motion to

Compel Apple, Inc. to Produce Testing Tool (filed under seal);
5.

Exhibit D to the Declaration of Palani P. Rathinasamy in Support of Elan’s Motion

to Compel Apple, Inc. to Produce Testing Tool (filed under seal);
6.

Exhibit E to the Declaration of Palani P. Rathinasamy in Support of Elan’s Motion to

Compel Apple, Inc. to Produce Testing Tool (filed under seal);
7.

Exhibit F to the Declaration of Palani P. Rathinasamy in Support of Elan’s Motion to

Compel Apple, Inc. to Produce Testing Tool (filed under seal);
8.

Exhibit G to the Declaration of Palani P. Rathinasamy in Support of Elan’s Motion

to Compel Apple, Inc. to Produce Testing Tool (filed under seal);
9.

Exhibit H to the Declaration of Palani P. Rathinasamy in Support of Elan’s Motion

to Compel Apple, Inc. to Produce Testing Tool (filed under seal);
10.

Exhibit I to the Declaration of Palani P. Rathinasamy in Support of Elan’s Motion to

Compel Apple, Inc. to Produce Testing Tool (filed under seal);
11.

Exhibit J to the Declaration of Palani P. Rathinasamy in Support of Elan’s Motion to

Compel Apple, Inc. to Produce Testing Tool (filed under seal);
12.

Exhibit K to the Declaration of Palani P. Rathinasamy in Support of Elan’s Motion

to Compel Apple, Inc. to Produce Testing Tool (filed under seal);
13.

Exhibit L to the Declaration of Palani P. Rathinasamy in Support of Elan’s Motion to

Compel Apple, Inc. to Produce Testing Tool (filed under seal);
ELAN’S ADMIN. MOT. TO FILE UNDER SEAL PORTIONS OR
THE ENTIRETY OF PAPERS ISO OF ITS MOT TO COMPEL
APPLE, INC. TO PRODUCE TESTING TOOL

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Case No. 5:09-cv-01531 RS (PSG)

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Exhibit M to the Declaration of Palani P. Rathinasamy in Support of Elan’s Motion

to Compel Apple, Inc. to Produce Testing Tool (filed under seal);
15.

Exhibit N to the Declaration of Palani P. Rathinasamy in Support of Elan’s Motion

to Compel Apple, Inc. to Produce Testing Tool (filed under seal);
16.

Exhibit O to the Declaration of Palani P. Rathinasamy in Support of Elan’s Motion

to Compel Apple, Inc. to Produce Testing Tool (filed under seal);
17.

Exhibit P to the Declaration of Palani P. Rathinasamy in Support of Elan’s Motion to

Compel Apple, Inc. to Produce Testing Tool (filed under seal).

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As grounds for this motion, Elan states that portions of Elan’s Motion to Compel, the

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Rathinasamy Declaration, and the DeBruine Declaration constitute, disclose information contained

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in, or derived from, documents designated by Apple, Inc. (“Apple”) as “Confidential − Attorney

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Eyes Only” pursuant to the Amended Protective Order in this matter. See Declaration of Palani P.

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Rathinasamy In Support of Plaintiff Elan Microelectronics Corporation’s Administrative Motion

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To File Papers Under Seal filed concurrently herewith. In accordance with Civil Local Rule 79-5,

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for these partially redacted documents, only the minimum and necessary redactions have been

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made to protect sealable information. In addition, Elan states that Exhibits C-P to the

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Rathinasamy Declaration constitute, disclose information contained in, or derived from,

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documents designated by Apple as “Confidential − Attorney Eyes Only” pursuant to the Amended

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Protective Order in this matter. These exhibits predominately consist of sealable information such

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that it may be appropriate to seal the entire document rather than requiring submission of a heavily

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redacted document that would not substantially further the policy of providing public access to,

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and understanding of, court proceedings. See id.

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For the reasons stated above, the Court should grant Elan leave to file the above identified
documents either partially or entirely under seal.

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ELAN’S ADMIN. MOT. TO FILE UNDER SEAL PORTIONS OR
THE ENTIRETY OF PAPERS ISO OF ITS MOT TO COMPEL
APPLE, INC. TO PRODUCE TESTING TOOL

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Case No. 5:09-cv-01531 RS (PSG)

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DATED: May 27, 2011

Respectfully submitted,
ALSTON & BIRD LLP

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By:

/s/ Palani P. Rathinasamy
Palani P. Rathinasamy
Attorneys for Plaintiff
ELAN MICROELECTRONICS CORPORATION

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ELAN’S ADMIN. MOT. TO FILE UNDER SEAL PORTIONS OR
THE ENTIRETY OF PAPERS ISO OF ITS MOT TO COMPEL
APPLE, INC. TO PRODUCE TESTING TOOL

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Case No. 5:09-cv-01531 RS (PSG)