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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1 2 3 4 5 6 7 8 9 10 11 YITAI HU (SBN 248085) yitai.hu@alston.com SEAN P. DEBRUINE (SBN 168071) sean.debruine@alston.com ELIZABETH H. RADER (SBN 184963) elizabeth.rader@alston.com JANE HAN BU (SBN 240081) jane.bu@alston.com JENNIFER LIU (SBN 268990) celine.liu@alston.com PALANI P. RATHINASAMY (SBN 269852) palani.rathinasamy@alston.com 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 DECLARATION OF JANE H. BU IN SUPPORT OF 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, 19 20 Case No. 09-cv-01531 RS (PSG) ELAN MICROELECTRONICS CORPORATION, v. APPLE, INC., Defendant and Counterplaintiff. 23 24 AND RELATED COUNTERCLAIMS 25 26 27 28 DECL. OF JANE H. BU ISO ELAN’S ADMIN. MOT. TO FILE UNDER SEAL ELAN’S OPP’N TO APPLE’S MOT. TO COMPEL AND SUPPORTING DOCUMENTS 1 Case No. 09-cv-01531 RS (PSG) 1 I, Jane H. Bu, declare as follows: 2 1. I am an associate with the law firm of Alston & Bird LLP, counsel to Plaintiff Elan 3 Microelectronics Corporation (“Elan”) in this action. I have personal knowledge of the following 4 facts and, if called to testify, I could and would testify competently to the matters stated herein. 5 2. In accordance with Civil Local Rule 79-5, Elan seeks to file under seal portions of its 6 Opposition to Apple, Inc.’s (“Apple’s”) Motion to Compel and Exhibits 9-11 to the Declaration of 7 Jane H. Bu in Support of Elan’s Opposition to Apple’s Motion to Compel. 8 9 10 11 12 13 14 15 3. Elan’s Opposition to Apple’s Motion to Compel and is partially redacted. The redacted portions disclose confidential information relating to Elan employees, Elan’s corporate structure and corporate policy, and sensitive business information including Elan’s sales and financial information and sales and financial database systems, that could harm Elan if publicly disclosed. In accordance with Civil Local Rule 79-5, only minimum and necessary redactions regarding Elan’s sales and financial information are made to protect sealable information. 4. Exhibit 9 to the Declaration of Jane H. Bu in Support of Elan’s Opposition to Apple’s 16 Motion to Compel is partially redacted. The redacted portions disclose confidential information 17 regarding sensitive business information including Elan’s sales and financial information, that could 18 harm Elan if publicly disclosed. In accordance with Civil Local Rule 79-5, only minimum and 19 necessary redactions regarding Elan’s sales and financial information are made to protect sealable 20 information. 21 5. Exhibit 10 to the Declaration of Jane H. Bu in Support of Elan’s Opposition to 22 Apple’s Motion to Compel is partially redacted. The redacted portions disclose confidential 23 information relating to Elan employees and Elan’s corporate structure and corporate policy, that 24 could harm Elan if publicly disclosed. In accordance with Civil Local Rule 79-5, only minimum 25 and necessary redactions regarding Elan’s sales and financial information are made to protect 26 sealable information. 27 28 6. Exhibit 11 to the Declaration of Jane H. Bu in Support of Elan’s Opposition to Apple’s Motion to Compel is partially redacted. The redacted portions disclose confidential DECL. OF JANE H. BU ISO ELAN’S ADMIN. MOT. TO FILE UNDER SEAL ELAN’S OPP’N TO APPLE’S MOT. TO COMPEL AND SUPPORTING DOCUMENTS 2 Case No. 09-cv-01531 RS (PSG) 1 information regarding sensitive business information including Elan’s sales and financial database 2 systems, that could harm Elan if publicly disclosed. In accordance with Civil Local Rule 79-5, only 3 minimum and necessary redactions regarding Elan’s sales and financial information are made to 4 protect sealable information. 5 6 7 8 9 10 11 12 7. In accordance with Civil Local Rule 79-5, Elan seeks to file under seal Exhibits 1, 5, 6 to the Declaration of Jane H. Bu in Support of Elan’s Opposition to Apple’s Motion to Compel. 8. Exhibit 1 to the Declaration of Jane H. Bu in Support of Elan’s Opposition to Apple’s Motion to Compel consists predominantly of confidential information regarding sensitive business information including Elan’s and third parties’ sales and financial information, that could harm Elan if publicly disclosed. 9. Exhibit 5 to the Declaration of Jane H. Bu in Support of Elan’s Opposition to Apple’s 13 Motion to Compel consists predominantly of confidential communication between Elan and Apple 14 regarding Apple’s infringement of Elan’s patent, and the document is designated by Apple as 15 “confidential.” 16 10. Exhibit 6 to the Declaration of Jane H. Bu in Support of Elan’s Opposition to Apple’s 17 Motion to Compel consists all confidential information relating to Elan’s internal corporate IP 18 policy, that could harm Elan if publicly disclosed. 19 20 21 I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed this 14th day of June, 2011 at Menlo Park, California. 22 23 24 25 26 ________ /s/ Jane H. Bu ____________ Jane H. Bu Attorney for Plaintiff and Counterclaim Defendant Elan Microelectronics Corporation 27 28 DECL. OF JANE H. BU ISO ELAN’S ADMIN. MOT. TO FILE UNDER SEAL ELAN’S OPP’N TO APPLE’S MOT. TO COMPEL AND SUPPORTING DOCUMENTS 3 Case No. 09-cv-01531 RS (PSG)

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