Elan Microelectronics Corporation v. Apple, Inc.

Filing 262

Amended Administrative Motion to File Under Seal Exhibits to the Declaration of Palani P. Rathinasamy in Support of Plaintiff Elan Microelectronics Corporation's Motion to Compel Apple to Supplement Its Response to Elan's Interrogatory No. 13 filed by Elan Microelectronics Corporation. (Attachments: # 1 Declaration, # 2 Proposed Order)(Rathinasamy, Palani) (Filed on 6/8/2011)

1
2
3
4
5
6
7
8
9
10
11

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

12
13

UNITED STATES DISTRICT COURT

14

NORTHERN DISTRICT OF CALIFORNIA

15

SAN FRANCISCO DIVISION

16
17
18

21
22

PLAINTIFF ELAN
MICROELECTRONICS
CORPORATION’S AMENDED
ADMINISTRATIVE MOTION TO FILE
UNDER SEAL EXHIBITS TO THE
DECLARATION OF PALANI P.
RATHINASAMY IN SUPPORT OF
PLAINTIFF ELAN
MICROELECTRONICS
CORPORATION’S MOTION TO
COMPEL APPLE TO SUPPLEMENT
ITS RESPONSE TO ELAN’S
INTERROGATORY NO. 13

Plaintiff,

19
20

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

ELAN MICROELECTRONICS
CORPORATION,

v.
APPLE, INC.,
Defendant.

23
24

AND RELATED COUNTERCLAIMS

25
26
27
28

PL. ELAN’S AM. ADMIN. MOT. TO FILE UNDER SEAL
EXHIBITS TO THE DECL. OF PALANI P. RATHINASAMY IN
SUPPORT OF PL. ELAN’S MOT. TO COMPEL APPLE TO
SUPPL. ITS RESPONSE TO ELAN’S INTERROG. NO. 13

1

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

1

Pursuant to Civil Local Rules 7-11 and 79-5 and the Court’s June 1, 2011 Order Denying

2

Motion to Seal Without Prejudice (Dkt. No. 228), Plaintiff Elan Microelectronics Corporation

3

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

4

documents which have been lodged with the Clerk:

5

1.

Exhibit B to the Declaration of Palani P. Rathinasamy (partially redacted);

6

2.

Exhibit E to the Declaration of Palani P. Rathinasamy (partially redacted);

7

3.

Exhibit F to the Declaration of Palani P. Rathinasamy (partially redacted);

8

4.

Exhibit G to the Declaration of Palani P. Rathinasamy (partially redacted);

9

5.

Exhibit I to the Declaration of Palani P. Rathinasamy (partially redacted);

10

6.

Exhibit L to the Declaration of Palani P. Rathinasamy (filed under seal);

11

7.

Exhibit M to the Declaration of Palani P. Rathinasamy (filed under seal).

12

As grounds for this motion, Elan states that the redacted portions of Exhibits B, E, F, G,

13

and I to the Rathinasamy Declaration disclose confidential information related to Apple’s internal

14

code names and the operation of Apple products that was derived from documents or testimony

15

that is designated by Apple, Inc. (“Apple”) as “Confidential − Attorneys’ Eyes Only” pursuant to

16

the Amended Protective Order in this matter or confidential information related to Elan’s products

17

or customer information. See Declaration of Palani P. Rathinasamy In Support of Plaintiff Elan

18

Microelectronics Corporation’s Renewed Administrative Motion To File Papers Under Seal filed

19

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

20

documents, only the minimum and necessary redactions have been made to protect sealable

21

information.

22

Elan states that Exhibits L (Apple circuit schematics) and M (Apple internal e-mail

23

correspondence) contain confidential information regarding the operation of Apple products.

24

These documents have been marked by Apple as “Confidential - Attorneys’ Eyes Only”. These

25

exhibits predominately consist of sealable information such that it may be appropriate to seal the

26

entire document rather than requiring submission of a heavily redacted document that would not

27

substantially further the policy of providing public access to, and understanding of, court

28

PL. ELAN’S AM. ADMIN. MOT. TO FILE UNDER SEAL
EXHIBITS TO THE DECL. OF PALANI P. RATHINASAMY IN
SUPPORT OF PL. ELAN’S MOT. TO COMPEL APPLE TO
SUPPL. ITS RESPONSE TO ELAN’S INTERROG. NO. 13

2

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

1
2
3
4

proceedings.
For the reasons stated above, the Court should grant Elan leave to file the above identified
documents partially under seal.
Pursuant to Civil Local Rule 79-5, Apple must file with the Court and serve a declaration

5

establishing that the designated information is sealable, and must lodge and serve a narrowly

6

tailored proposed sealing order, or must withdraw the designation of confidentiality.

7
8

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

9
10
11

DATED: June 8, 2011

Respectfully submitted,
ALSTON & BIRD LLP

12
13
14

By:

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

15
16
17
18
19
20
21
22
23
24
25
26
27
28

PL. ELAN’S AM. ADMIN. MOT. TO FILE UNDER SEAL
EXHIBITS TO THE DECL. OF PALANI P. RATHINASAMY IN
SUPPORT OF PL. ELAN’S MOT. TO COMPEL APPLE TO
SUPPL. ITS RESPONSE TO ELAN’S INTERROG. NO. 13

3

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