Elan Microelectronics Corporation v. Apple, Inc.

Filing 291

Administrative Motion to File Under Seal Elan Microelectronics Corporation's Administrative Motion to File Under Seal Its Reply to Apple, Inc.'s Opposition to Elan's Motion for Partial Summary Judgment of Infringement and Supporting Documents filed by Elan Microelectronics Corporation. (Attachments: # 1 Declaration, # 2 Proposed Order)(Liu, Jennifer) (Filed on 6/16/2011)

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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 ITS
REPLY TO APPLE, INC.’S
OPPOSITION TO ELAN’S MOTION
FOR PARTIAL SUMMARY
JUDGMENT OF INFRINGEMENT 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 ITS REPLY TO
APPLE’S OPP’N TO ELAN’S MOT. FOR PARTIAL SUMM. J. OF
INFRINGEMENT 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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Elan’s Reply to Apple Inc.’s (“Apple’s”) Opposition to Elan’s Motion for Partial

Summary Judgment of Infringement of U.S. Patent 5,825,352 (“the 352 patent”) (partially sealed);
2.

Declaration of Robert Dezmelyk in Support of Elan’s Reply to Apple’s Opposition

to Elan’s Motion for Partial Summary Judgment of Infringement (partially sealed);
3.

Exhibit I to the Declaration of Jennifer Liu in Support of Elan’s Reply to Apple’s

Opposition to Elan’s Motion for Partial Summary Judgment of Infringement (filed under seal);
4.

Exhibit J to the Declaration of Jennifer Liu in Support of Elan’s Reply to Apple’s

Opposition to Elan’s Motion for Partial Summary Judgment of Infringement (filed under seal);
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Exhibit K to the Declaration of Jennifer Liu in Support of Elan’s Reply to Apple’s

Opposition to Elan’s Motion for Partial Summary Judgment of Infringement (filed under seal);
6.

Exhibit L to the Declaration of Jennifer Liu in Support of Elan’s Reply to Apple’s

Opposition to Elan’s Motion for Partial Summary Judgment of Infringement (filed under seal);
7.

Exhibit M to the Declaration of Jennifer Liu in Support of Elan’s Reply to Apple’s

Opposition to Elan’s Motion for Partial Summary Judgment of Infringement (filed under seal).

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As grounds for this motion, Elan states that the redacted portions of Elan’s Reply and the

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Dezmelyk Declaration in Support of Elan’s Reply disclose information derived from documents

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that Apple has marked as “Confidential − Attorney Eyes Only” or “Confidential – Attorneys’ Eyes

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Only – Source Code” pursuant to the Amended Protective Order in this matter and confidential

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communications between Elan and Apple regarding Apple’s infringement of the 352 patent. See

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Declaration of Jennifer Liu in Support of Plaintiff Elan Microelectronics Corporation’s

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Administrative Motion to File Under Seal filed concurrently herewith. In accordance with Civil

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Local Rule 79-5, for these partially redacted documents, only minimum and necessary redactions

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are made to protect sealable information.

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Elan further states that Exhibits I-M to the Liu Declaration in Support of Elan’s Reply
constitute documents designated by Apple as “Confidential − Attorney Eyes Only” pursuant to the
ELAN’S ADMIN. MOT. TO FILE UNDER SEAL ITS REPLY TO
APPLE’S OPP’N TO ELAN’S MOT. FOR PARTIAL SUMM. J. OF
INFRINGEMENT AND SUPPORTING DOCUMENTS

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

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Amended Protective Order in this matter and contain confidential communications between Elan

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and Apple regarding Apple’s infringement of the 352 patent. See id. These exhibits

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

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proceedings.

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Pursuant to Civil Local Rule 79-5, Apple must file with the Court and serve a declaration

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

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

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For the reasons stated above, the Court should grant Elan leave to file the above identified

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documents either partially or entirely under seal.

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DATED: June 16, 2011

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Respectfully submitted,
ALSTON & BIRD LLP

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By:

/Jennifer Liu/
Jennifer Liu
Attorneys for Plaintiff
ELAN MICROELECTRONICS CORPORATION

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ELAN’S ADMIN. MOT. TO FILE UNDER SEAL ITS REPLY TO
APPLE’S OPP’N TO ELAN’S MOT. FOR PARTIAL SUMM. J. OF
INFRINGEMENT AND SUPPORTING DOCUMENTS

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