Elan Microelectronics Corporation v. Apple, Inc.

Filing 240

Administrative Motion to File Under Seal Apple Inc.'s Opposition to Elan Microelectronics Corp.'s Motion to Compel Apple Inc. to Produce Testing Tool filed by Apple, Inc.. (Attachments: # 1 Declaration, # 2 Proposed Order)(Greenblatt, Nathan) (Filed on 6/3/2011)

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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.
APPLE INC.,

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 TO COMPEL
APPLE INC. TO PRODUCE TESTING
TOOL

Defendant and Counterclaim
Plaintiff.

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JUDGE: Hon. Paul Singh Grewal
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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 to

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Compel Apple Inc. to Produce Testing Tool (“Greenblatt Decl.”). Apple respectfully requests

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that the Court issue an order permitting the following documents, or portions thereof, to be filed

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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 to Compel

Apple Inc. to Produce Testing Tool (“Apple’s Opposition”) (a partially redacted public version is
being lodged with the Court).
2.

The Declaration of Adrian Percer in Support of Apple Inc.’s Opposition to Elan

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Microelectronics Corp.’s Motion to Compel Apple Inc. to Produce Testing Tool (a partially

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redacted public version is being lodged with the Court).

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3.

The Declaration of Wayne Westerman in Support of Apple Inc.’s Opposition to

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Elan Microelectronics Corp.’s Motion to Compel Apple Inc. to Produce Testing Tool

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(“Westerman Declaration”).

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4.

Exhibits 3-13 to the Declaration of Derek Walter in Support of Apple Inc.’s

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Opposition to Elan Microelectronics Corp.’s Motion to Compel Apple Inc. to Produce Testing

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Tool (a partially redacted public version of Exhibit 5 is being lodged with the Court).

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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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2-3, 8; see also Civil L.R. 79-5 (Commentary). Moreover, Exhibits 3-4 and 6-12 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.

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

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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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 3, 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)