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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DECLARATION OF JENNIFER LIU IN
SUPPORT OF PLAINTIFF ELAN
MICROELECTRONICS
CORPORATION’S ADMINISTRATIVE
MOTION TO FILE UNDER SEAL

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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DECL. OF JENNIFER LIU ISO OF ELAN’S ADMIN. MOT. TO FILE
UNDER SEAL

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

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I, Jennifer Liu, declare as follows:

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1.

I am an attorney 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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Elan’s Reply to Apple, Inc.’s (“Apple’s”) Opposition to Elan’s Motion for Partial Summary

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Judgment of Infringement of U.S. Patent 5,825,352 (“the 352 patent”) and the Declaration of

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Robert Dezmelyk in Support of Elan’s Reply.

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3.

Elan’s Reply is partially redacted. The redacted portions disclose information

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quoted or derived from documents that Apple has marked as “Confidential − Attorney Eyes Only”

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or “Confidential – Attorneys’ Eyes Only – Source Code” pursuant to the Amended Protective

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Order in this matter and confidential communications between Elan and Apple regarding Apple’s

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infringement of the 352 patent. In accordance with Civil Local Rule 79-5, only minimum and

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necessary redactions regarding Apple’s confidential information and confidential communications

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between Elan and Apple are made to protect sealable information.

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4.

The Declaration of Robert Dezmelyk in Support of Elan’s Reply is partially

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redacted. The redacted portions disclose information derived from documents that Apple has

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marked as “Confidential − Attorney Eyes Only” or “Confidential – Attorneys’ Eyes Only – Source

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Code” pursuant to the Amended Protective Order in this matter. In accordance with Civil Local

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Rule 79-5, only minimum and necessary redactions regarding Apple’s confidential information are

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made to protect sealable information.

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5.

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

M to the Liu Declaration in Support of Elan’s Reply.
6.

Exhibit I to the Liu Declaration in Support of Elan’s Reply is a document that

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Apple has marked as “Confidential − Attorney Eyes Only” pursuant to the Amended Protective

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Order in this matter. This document contains Apple confidential internal test data. 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
DECL. OF JENNIFER LIU ISO OF ELAN’S ADMIN. MOT. TO FILE
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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7.

Exhibit J to the Liu Declaration in Support of Elan’s Reply is a document that

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Apple has marked as “Confidential − Attorney Eyes Only” pursuant to the Amended Protective

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Order in this matter. This document contains a screenshot of Apple confidential internal test data.

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This exhibit predominately consists of sealable information such that it may be appropriate to seal

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

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

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proceedings.

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8.

Exhibit K to the Liu Declaration in Support of Elan’s Reply is a document that

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Apple has marked as “Confidential − Attorney Eyes Only” pursuant to the Amended Protective

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Order in this matter and consists predominantly of confidential communication between Elan and

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Apple regarding Apple’s infringement of the 352 patent. This exhibit predominately consists of

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sealable information such that it may be appropriate to seal the entire document rather than

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requiring submission of a heavily redacted document that would not substantially further the

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policy of providing public access to, and understanding of, court proceedings.

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9.

Exhibit L to the Liu Declaration in Support of Elan’s Reply is a document that

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Apple has marked as “Confidential − Attorney Eyes Only” pursuant to the Amended Protective

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Order in this matter and consists predominantly of confidential communication between Elan and

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Apple regarding Apple’s infringement of the 352 patent. This exhibit predominately consists of

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sealable information such that it may be appropriate to seal the entire document rather than

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requiring submission of a heavily redacted document that would not substantially further the

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policy of providing public access to, and understanding of, court proceedings.

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10.

Exhibit M to the Liu Declaration in Support of Elan’s Reply is a document that

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Apple has marked as “Confidential − Attorney Eyes Only” pursuant to the Amended Protective

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Order in this matter and consists predominantly of confidential communication between Elan and

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Apple regarding Apple’s infringement of the 352 patent. This exhibit predominately consists of

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sealable information such that it may be appropriate to seal the entire document rather than
DECL. OF JENNIFER LIU ISO OF ELAN’S ADMIN. MOT. TO FILE
UNDER SEAL

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

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requiring submission of a heavily redacted document that would not substantially further the

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policy of providing public access to, and understanding of, court proceedings.

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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 16th day of June, 2011 at Menlo Park, California.

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Jennifer Liu

/Jennifer Liu/

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DECL. OF JENNIFER LIU ISO OF ELAN’S ADMIN. MOT. TO FILE
UNDER SEAL

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