Elan Microelectronics Corporation v. Apple, Inc.

Filing 352

Administrative Motion to File Under Seal / Plaintiff Elan Microelectronics Corporation's Administrative Motion to File Under Seal Exhibits D-G of the Declaration of Palani P. Rathinasamy in Support of Elan Microelectronics Corporation's Unopposed Motion to Amend Infringement Contentions Pursuant to Pat. L.R. 3-6 filed by Elan Microelectronics Corporation. (Attachments: # 1 Declaration, # 2 Proposed Order)(DeBruine, Sean) (Filed on 7/22/2011)

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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 JOSE DIVISION 16 17 18 ELAN MICROELECTRONICS CORPORATION, Plaintiff and Counterdefendant, 19 20 21 22 v. APPLE, INC., Defendant and Counterplaintiff. 23 24 AND RELATED COUNTERCLAIMS Case No. 09-cv-01531 RS (PSG) PLAINTIFF ELAN MICROELECTRONICS CORPORATION’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL EXHIBITS D-G OF THE DECLARATION OF PALANI P. RATHINASAMY IN SUPPORT OF ELAN MICROELECTRONICS CORPORATION’S UNOPPOSED MOTION TO AMEND INFRINGEMENT CONTENTIONS PURSUANT TO PAT. L.R. 3-6 25 26 27 28 ELAN’S ADMIN. MOT. TO FILE UNDER SEAL EXHIBITS D-G OF THE DECL. OF PALANI P. RATHINASAMY ISO ELAN’S UNOPPOSED MOT. TO AMEND INFRINGEMENT CONTENTIONS Case No. 09-cv-01531 RS (PSG) 1 Pursuant to Civil Local Rules 7-11 and 79-5, Plaintiff Elan Microelectronics Corporation 2 (“Elan”) hereby requests leave of Court to file under seal portions or the entirety of the following 3 documents which have been lodged with the Clerk: 4 1. Exhibit D to the Declaration of Palani P. Rathinasamy (filed under seal). 5 2. Exhibit E to the Declaration of Palani P. Rathinasamy (filed under seal). 6 3. Exhibit F to the Declaration of Palani P. Rathinasamy (filed under seal). 7 4. Exhibit G to the Declaration of Palani P. Rathinasamy (filed under seal). 8 Exhibits D-G to the Rathinasamy Declaration constitutes claim charts showing 9 infringement of the Accused Apple Products. The claim charts were derived from information 10 that Apple has designated as “Confidential − Attorney Eyes Only” pursuant to the Amended 11 Protective Order in this matter and discusses the internal operation of Apple’s products. See 12 Declaration of Palani P. Rathinasamy in Support of Plaintiff Elan Microelectronics Corporation’s 13 Administrative Motion to File Under Seal filed concurrently herewith. Exhibits D-G were sent to 14 Apple’s counsel prior to filing this motion and Apple’s counsel requested that they be filed under 15 seal. These exhibits predominately consists of sealable information such that it may be 16 appropriate to seal the entire document rather than requiring submission of a heavily redacted 17 document that would not substantially further the policy of providing public access to, and 18 understanding of, court proceedings. 19 Pursuant to Civil Local Rule 79-5, Apple must file with the Court and serve a declaration 20 establishing that its designated information is sealable, and must lodge and serve a narrowly 21 tailored proposed sealing order, or must withdraw the designation of confidentiality. 22 23 For the reasons stated above, the Court should grant Elan leave to file the above identified documents entirely under seal. 24 25 26 27 28 ELAN’S ADMIN. MOT. TO FILE UNDER SEAL EXHIBITS D-G OF THE DECL. OF PALANI P. RATHINASAMY ISO ELAN’S UNOPPOSED MOT. TO AMEND INFRINGEMENT CONTENTIONS Case No. 09-cv-01531 RS (PSG) 1 1 DATED: July 22, 2011 Respectfully submitted, ALSTON & BIRD LLP 2 3 By: /Palani P. Rathinasamy/ Palani P. Rathinasamy Attorneys for Plaintiff ELAN MICROELECTRONICS CORPORATION 4 5 6 LEGAL02/32757708v1 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ELAN’S ADMIN. MOT. TO FILE UNDER SEAL EXHIBITS D-G OF THE DECL. OF PALANI P. RATHINASAMY ISO ELAN’S UNOPPOSED MOT. TO AMEND INFRINGEMENT CONTENTIONS Case No. 09-cv-01531 RS (PSG) 2

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