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)

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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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DECLARATION OF PALANI P
RATHINASAMY IN SUPPORT OF
PLAINTIFF ELAN
MICROELECTRONICS
CORPORATION’S AMENDED
ADMINISTRATIVE MOTION TO FILE
UNDER SEAL EXHIBITS TO THE
DECLARATION OF PALANI P.
RATHINASAMY

Plaintiff,

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

ELAN MICROELECTRONICS
CORPORATION,

v.
APPLE, INC.,
Defendant.

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AND RELATED COUNTERCLAIMS

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DECL. OF PALANI P. RATHINASAMY ISO OF ELAN’S AM.
MOT. TO FILE PAPERS UNDER SEAL

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

DECLARATION OF PALANI P. RATHINASAMY

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I, Palani P. Rathinasamy, declare as follows:

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1.

I am an associate with the law firm of Alston & Bird LLP, counsel to Plaintiff Elan

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Microelectronics Corporation (“Elan”) in this action. I have personal knowledge of the following

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facts and, if called to testify, I could and would testify competently to the matters stated herein.

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2.

In accordance with Civil Local Rule 79-5, Elan seeks to file under seal portions of

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Exhibits B, E, F, G, and I and the entirety of Exhibits L and M of the Declaration of Palani P.

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Rathinasamy In Support Of Elan’s Motion to Compel Supplementation of Interrogatory No. 13.

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3.

Exhibits B, E, F, and I are partially redacted. The redacted portions disclose

confidential information related to Apple, including internal Apple code names and information
regarding the operation of Apple products, that was derived from documents or testimony that is
designated by Apple, Inc. (“Apple”) as “Confidential − Attorneys’ Eyes Only” pursuant to the
Amended Protective Order in this matter. In accordance with Civil Local Rule 79-5, only minimum
and necessary redactions regarding the internal code name and information regarding the operation
of the Apple products are made to protect sealable information.
4.

Exhibit G is partially redacted. The redacted portions disclose confidential

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information related to Apple, including internal Apple code names, that was derived from

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documents or testimony that is designated by Apple as “Confidential - Attorneys’ Eyes Only”

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pursuant to the Amended Protective Order in this matter. The redacted portions also contain

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confidential information regarding Elan’s products and the names of Elan’s customers. In

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accordance with Civil Local Rule 79-5, only minimum and necessary redactions are made to protect

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sealable information.

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5.

Exhibit L is an Apple internal engineering circuit schematic for an Apple trackpad.

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The document has been designated as “Confidential - Attorneys’ Eyes Only” by Apple. This exhibit

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predominately consists of sealable information such that it may be appropriate to seal the entire

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

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DECL. OF PALANI P. RATHINASAMY ISO OF ELAN’S AM.
MOT. TO FILE PAPERS UNDER SEAL

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

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

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proceedings.

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6.

Exhibit M is an Apple internal e-mail between Apple employees discussing the

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operation of an Apple trackpad. The document has been designated as “Confidential - Attorneys’

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Eyes Only” by Apple. This exhibit predominately consists of sealable information such that it may

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be appropriate to seal the entire document rather than requiring submission of a heavily redacted

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

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understanding of, court proceedings. I have met and conferred with Apple’s Nathan Greenblatt on

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June 7, 2011 who requested that this exhibit is filed entirely under seal.

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I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct.
Executed this 8th day of June, 2011 at Menlo Park, California.

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/s/ Palani P. Rathinasamy
Attorney for Plaintiff and Counterclaim Defendant
Elan Microelectronics Corporation

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DECL. OF PALANI P. RATHINASAMY ISO OF ELAN’S AM.
MOT. TO FILE PAPERS UNDER SEAL

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