Elan Microelectronics Corporation v. Apple, Inc.

Filing 285

ORDER STIPULATED REQUEST TO PERMIT THE SUBMISSION OF APPLE SOURCE CODE UNDER SEAL. Signed by Judge Richard Seeborg on 6/14/11. (cl, COURT STAFF) (Filed on 6/14/2011)

*E-FILED 6/14/11*

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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: [phone]
Facsimile: 650-838-2001
Attorneys for Plaintiff
ELAN MICROELECTRONICS
CORPORATION

MATTHEW D. POWERS (Bar No. 104795)
[e-mail]
JARED BOBROW (Bar No. 133712)
[e-mail]
SONAL N. MEHTA (Bar No. 222086)
[e-mail]
DEREK 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]
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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ELAN MICROELECTRONICS
CORPORATION,

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Plaintiff and Counterclaim
Defendant,

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V.

Case No. C -09-01531 RS (PSG)
STIPULATED REQUEST TO PERMIT
THE SUBMISSION OF APPLE SOURCE
CODE UNDER SEAL AND
[PROPOSED] ORDER AS MODIFIED BY THE
COURT
Hon. Richard Seeborg

APPLE INC.,
Defendant and Counterclaim
Plaintiff.

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STIPULATED REQUEST TO PERMIT THE FILING UNDER
SEAL OF APPLE SOURCE CODE AND [PROPOSED]
ORDER

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

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Defendant Apple Inc. ("Apple") and Plaintiff Elan Microelectronics Corporation

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("Elan"), by and through their respective counsel of record, hereby jointly move the Court to

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permit the filing under seal of Apple source code relevant to Elan's Motion for Partial Summary

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Judgment, with special confidentiality protections as contemplated by the protective order in this

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case.

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WHEREAS, Elan has filed a motion entitled Elan Microelectronics Corporation's

7 Notice of Motion and Motion for Partial Summary Judgment of Infringement of U.S. Patent
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5,825,352, and Apple has opposed. See Dkt. Nos. 212, 236;
WHEREAS, the Amended Stipulated Protective Order in this case includes special

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protections for highly-proprietary source code, and provides that "[ijf a party reasonably believes

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that it needs to submit a portion of Source Code as part of a filing with the Court, the parties shall

12 meet and confer as to how to make such a filing while protecting the confidentiality of the Source
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Code and such filing will not be made absent agreement from the Producing Party that the

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confidentiality protections will be adequate." See Dkt. No. 64;

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WHEREAS, both parties desire to provide the Court with the source code for

16 Apple's products relevant to Elan's Motion for Partial Summary Judgment;
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WHEREAS, Civil Local Rule 79-5(f) provides that "chambers copies of sealed

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documents will be disposed of in accordance with the assigned Judge's discretion," and ordinarily

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"will be recycled, not shredded, unless special arrangements are made;"

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WHEREAS, the parties have met and conferred, and respectfully request, subject

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to the Court's approval, they will jointly submit one copy of the relevant source code to Judge

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Seeborg's Chambers, and to request that such copy be kept in a secure location for the duration of

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this case, and thereafter be shredded;

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WHEREAS, the parties have met and conferred, and respectfully request, subject

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to the Court's approval, that the courtroom be sealed during the portions of the July 14, 2011

26 hearing regarding Elan's motion for partial summary judgment when source code or other
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confidential information regarding Apple's products is discussed;

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STIPULATED REQUEST TO PERMIT THE FILING UNDER
SEAL OF APPLE SOURCE CODE AND [PROPOSED]
ORDER

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

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NOW, THEREFORE, subject to the Court's approval, the parties jointly move the
Court for an order as follows:
(1) The parties may jointly submit one chambers' copy of the source code relevant
to Elan's Motion for Partial Summary Judgment under seal;
(2) Said copy will be kept in a secure location in Judge Seeborg's chambers for
the duration of this case;
(3) At or before the conclusion of this case, said copy will be securely shredded

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and not recycled;

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The parties may request that
(4) The courtroom may be sealed upon the request of the parties at the hearing
be sealed
^
regarding Elan's motion for partial summary judgment, when source code or other confidential

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information regarding Apple's products is discussed.

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DATED: June 14, 2011

/s/ Sean P. DeBruine
Sean P. DeBruine

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ALSTON & BIRD LLP
Attorneys For Elan Microelectronics Corporation

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DATED: June 14, 2011

/s/ Sonal N. Mehta
Sonal N. Mehta

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WEIL, GOTSHAL & MANGES LLP
Attorneys for Apple Inc.

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STIPULATED REQUEST TO PERMIT THE FILING UNDER
SEAL OF APPLE SOURCE CODE AND [PROPOSED]
ORDER

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

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THE PARTIES STIPULATED REQUEST IS HEREBY GRANTED. IT IS
ORDERED that:

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(1) The parties may jointly submit one chambers' copy of the source code relevant
to Elan's Motion for Partial Summary Judgment under seal;

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(2) Said copy will be kept in a secure location in Judge Seeborg's chambers for
the duration of this case;

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(3) At or before the conclusion of this case, said copy will be securely shredded
and not recycled;

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(4) The courtroom may be sealed upon the request of the parties at the hearing

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regarding Elan's motion for partial summary judgment, when source code or other confidential

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information regarding Apple's products is discussed.

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SO ORDERED.

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DATED:

6/14/11
Honorable Richard Seeborg
United States District Court Judge

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STIPULATED REQUEST TO PERMIT THE FILING UNDER
SEAL OF APPLE SOURCE CODE AND [PROPOSED]
ORDER

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

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FILER'S ATTESTATION

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I, Sonal N. Mehta, am the ECF User whose ID and password are being used to file
this STIPULATED REQUEST TO PERMIT THE SUBMISSION OF APPLE SOURCE CODE
UNDER SEAL AND [PROPOSED] ORDER. In compliance with General Order 45, paragraph
X.B. I hereby attest that Sean DeBruine has concurred in this filing.

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/s/ Sonal N. Mehta

Sonal N. Mehta

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STIPULATED REQUEST TO PERMIT THE FILING UNDER
SEAL OF APPLE SOURCE CODE AND [PROPOSED]
ORDER

M

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