Elan Microelectronics Corporation v. Apple, Inc.

Filing 323

Administrative Motion to File Under Seal Portions of the Supplemental Declaration of Robert Dezmelyk in Support of Elan's Reply to Apple's Opposition to Elan's Motion for Partial Summary Judgment of Infringement of United States Patent No. 5,825,352 and Supporting Documents filed by Elan Microelectronics Corporation. (Attachments: # 1 Declaration, # 2 Proposed Order)(Rathinasamy, Palani) (Filed on 7/5/2011)

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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 PALANI P.
RATHINASAMY 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 PALANI P. RATHINASAMY 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, Palani P. Rathinasamy, 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.

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

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

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

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

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

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information are made to protect sealable information.
3.

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

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the Rathinasamy Declaration. Exhibit A to the Rathinasamy Declaration is a document that Apple

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has marked as “Confidential − Attorney Eyes’ Only” pursuant to the Amended Protective Order in

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this matter. This document contains an internal Apple e-mail communication between Apple

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employees dated April 23, 2004 with the production number APEL0707392. 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

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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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Executed this 5th day of July, 2011 at Menlo Park, California.

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/s/ Palani P. Rathinasamy/
Palani P. Rathinasamy

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DECL. OF PALANI P. RATHINASAMY ISO OF ELAN’S ADMIN.
MOT. TO FILE UNDER SEAL

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