Elan Microelectronics Corporation v. Apple, Inc.

Filing 287

Administrative Motion to File Under Seal Elan Microelectronics Corporation's Opposition to Apple, Inc.'s Motion to Compel and Supporting Documents filed by Elan Microelectronics Corporation. (Attachments: # 1 Declaration, # 2 Proposed Order)(Bu, Jane) (Filed on 6/14/2011)

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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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PLAINTIFF ELAN
MICROELECTRONICS
CORPORATION’S ADMINISTRATIVE
MOTION TO FILE UNDER SEAL
ELAN’S OPPOSITION TO APPLE,
INC.’S MOTION TO COMPEL AND
SUPPORTING DOCUMENTS

Plaintiff and Counterdefendant,

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

ELAN MICROELECTRONICS
CORPORATION,

v.
APPLE, INC.,
Defendant and Counterplaintiff.

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AND RELATED COUNTERCLAIMS

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ELAN’S ADMIN. MOT. TO FILE UNDER SEAL ELAN’S OPP’N TO
APPLE’S MOT. TO COMPEL AND SUPPORTING DOCUMENTS

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

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Pursuant to Civil Local Rules 7-11 and 79-5, Plaintiff Elan Microelectronics Corporation

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

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documents which have been lodged with the Clerk:

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1.

Elan Microelectronics Corporation’s Opposition to Apple, Inc.’s (“Apple’s”) Motion

to Compel (partially sealed);
2.

Exhibit 1 to the Declaration of Jane H. Bu in Support of Elan’s Opposition to

Apple’s Motion to Compel (filed under seal);
3.

Exhibit 5 to the Declaration of Jane H. Bu in Support of Elan’s Opposition to

Apple’s Motion to Compel (filed under seal);
4.

Exhibit 6 to the Declaration of Jane H. Bu in Support of Elan’s Opposition to

Apple’s Motion to Compel (filed under seal);
5.

Exhibit 9 to the Declaration of Jane H. Bu in Support of Elan’s Opposition to

Apple’s Motion to Compel (partially sealed);
6.

Exhibit 10 to the Declaration of Jane H. Bu in Support of Elan’s Opposition to

Apple’s Motion to Compel (partially sealed);
7.

Exhibit 11 to the Declaration of Jane H. Bu in Support of Elan’s Opposition to

Apple’s Motion to Compel (partially sealed).
As grounds for this motion, Elan states that the redacted portions of Elan’s Opposition to

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Apple’s Motion Compel and Exhibits 9-11 to the Bu Declaration disclose confidential information

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relating to Elan employees, Elan’s corporate structure and corporate policy, and sensitive business

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information including Elan’s sales and financial information and sales and financial database

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systems, that could harm Elan if publicly disclosed. See Declaration of Jane H. Bu In Support of

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Plaintiff Elan Microelectronics Corporation’s Administrative Motion To File Under Seal Elan’s

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Opposition to Apple Inc.’s Motion to Compel and Supporting Documents filed concurrently

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herewith. In accordance with Civil Local Rule 79-5, for this partially redacted document, only the

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minimum and necessary redactions have been made to protect sealable information.

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Elan further states that Exhibits 1, 5, 6 to the Bu Declaration contain confidential

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information relating to Elan’s corporate policy, sensitive business information including Elan’s
ELAN’S ADMIN. MOT. TO FILE UNDER SEAL ELAN’S OPP’N TO
APPLE’S MOT. TO COMPEL AND SUPPORTING DOCUMENTS

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

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sales and financial information and confidential communication between Elan and Apple

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regarding Apple’s infringement of Elan’s patent, that could harm Elan if publicly disclosed.

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

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seal the entire document rather than requiring submission of a heavily redacted document that

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

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court proceedings.

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

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DATED: June 14, 2011

Respectfully submitted,
ALSTON & BIRD LLP

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By:

/s/ Jane H. Bu
Jane H. Bu
Attorneys for Plaintiff
ELAN MICROELECTRONICS CORPORATION

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ELAN’S ADMIN. MOT. TO FILE UNDER SEAL ELAN’S OPP’N TO
APPLE’S MOT. TO COMPEL AND SUPPORTING DOCUMENTS

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