Elan Microelectronics Corporation v. Apple, Inc.

Filing 234

Administrative Motion to File Under Seal [APPLE INC.'S OPPOSITION TO ELAN'S MOTION FOR PARTIAL SUMMARY JUDGMENT OF INFRINGEMENT OF US PATENT NO. 5,825,352 AND SUPPORTING DOCUMENTS] filed by Apple, Inc.. (Attachments: # 1 Proposed Order)(Greenblatt, Nathan) (Filed on 6/2/2011)

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MATTHEW D. POWERS (Bar No. 104795)
[e-mail]
JARED BOBROW (Bar No. 133712)
[e-mail]
SONAL N. MEHTA (Bar No. 222086)
[e-mail]
DEREK C. WALTER (Bar. No. 246322)
[e-mail]
NATHAN GREENBLATT (Bar No. 262279)
[e-mail]
WEIL, GOTSHAL & MANGES LLP
Silicon Valley Office
201 Redwood Shores Parkway
Redwood Shores, CA 94065
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant and Counterclaim Plaintiff
Apple Inc.

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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,

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Plaintiff and Counterclaim
Defendant,

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v.

Case No. C-09-01531 RS (PSG)
APPLE INC.’S ADMINISTRATIVE
MOTION TO FILE UNDER SEAL
APPLE INC.’S OPPOSITION TO
ELAN MICROELECTRONICS
CORP.’S MOTION FOR PARTIAL
SUMMARY JUDGMENT

APPLE INC.,
Defendant and Counterclaim
Plaintiff.

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JUDGE: Hon. Richard Seeborg

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ADMINISTRATIVE MOTION TO FILE UNDER SEAL

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

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Apple Inc. submits this Administrative Motion for a sealing order pursuant to Civil

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Local Rule 79-5.

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accompanying Declaration of Nathan Greenblatt in Support of Apple Inc.’s Administrative

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Motion to File Under Seal Apple Inc.’s Opposition to Elan Microelectronics Corp.’s Motion for

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Partial Summary Judgment (“Greenblatt Decl.”). Apple respectfully requests that the Court issue

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an order permitting the following documents, or portions thereof, to be filed under seal:

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1.

This motion is based on the points and authorities herein, and on the

Apple Inc.’s Opposition to Elan Microelectronics Corp.’s Motion for Partial

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Summary Judgment of Infringement of U.S. Patent No. 5,825,352 (“Apple’s Opposition”) (a

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partially redacted public version is being lodged with the Court).

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2.

The Declaration of Ravin Balakrishnan in Support of Apple’s Opposition (a

partially redacted public version is being lodged with the Court).

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3.

Exhibit A [May 24, 2011 Dezmelyk Dep.] to the Walter Declaration.

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4.

Exhibit D [May 24, 2011 Dezmelyk Dep., Exh. 13] to the Walter Declaration (a

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partially redacted public version is being lodged with the Court).
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Exhibit G [Aug. 27, 2006 letter from Elantech Devices Corp. to Apple Inc.] to the

Walter Declaration.
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Exhibit H [Aug. 22, 2007 letter from J. Whitt to S. DeBruine] to the Walter

Declaration.
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Exhibit L [Nov. 11, 2010 Westerman Dep.] to the Walter Declaration.

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The full and redacted versions of the papers listed above are being lodged with the

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Court. The partially redacted versions of items 1, 2, and 4 contain the minimal redactions

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necessary to protect highly confidential technical information regarding the operation of the

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accused Apple products, as well as internal codenames for the products. See Greenblatt Decl. ¶¶

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1-2, 4; see also Civil L.R. 79-5 (Commentary). Moreover, Exhibits A, G, H and L to the Walter

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Declaration consist predominantly of sealable information, and submission of heavily redacted

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versions of these exhibits would not substantially further the policy of providing public access to,

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and understanding of, court proceedings. See Order Denying Motion to Seal, Without Prejudice

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(Dkt. No. 204) at 1-2.

Each of the documents listed above has been given particularized

ADMINISTRATIVE MOTION TO FILE UNDER SEAL

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

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consideration, with attention to the Court’s policy of providing public access to the court

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proceedings. See generally Greenblatt Decl. Therefore, Apple respectfully requests that the

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Court grant this motion.

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Dated: June 2, 2011

WEIL, GOTSHAL & MANGES LLP

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By:

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/s/ Nathan Greenblatt
Nathan Greenblatt
Attorneys for Defendant and
Counterclaim Plaintiff Apple Inc.

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ADMINISTRATIVE MOTION TO FILE UNDER SEAL

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