Elan Microelectronics Corporation v. Apple, Inc.
Filing
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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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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
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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ELAN MICROELECTRONICS
CORPORATION,
Plaintiff and Counterdefendant,
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v.
APPLE, INC.,
Defendant and Counterplaintiff.
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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
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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)
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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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1.
Exhibit D to the Declaration of Palani P. Rathinasamy (filed under seal).
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2.
Exhibit E to the Declaration of Palani P. Rathinasamy (filed under seal).
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3.
Exhibit F to the Declaration of Palani P. Rathinasamy (filed under seal).
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4.
Exhibit G to the Declaration of Palani P. Rathinasamy (filed under seal).
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Exhibits D-G to the Rathinasamy Declaration constitutes claim charts showing
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infringement of the Accused Apple Products. The claim charts were derived from information
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that Apple has designated as “Confidential − Attorney Eyes Only” pursuant to the Amended
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Protective Order in this matter and discusses the internal operation of Apple’s products. See
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Declaration of Palani P. Rathinasamy in Support of Plaintiff Elan Microelectronics Corporation’s
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Administrative Motion to File Under Seal filed concurrently herewith. Exhibits D-G were sent to
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Apple’s counsel prior to filing this motion and Apple’s counsel requested that they be filed under
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seal. These exhibits predominately consists of sealable information such that it may be
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appropriate to seal the entire document rather than requiring submission of a heavily redacted
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document that would not substantially further the policy of providing public access to, and
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understanding of, court 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
documents entirely under seal.
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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)
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DATED: July 22, 2011
Respectfully submitted,
ALSTON & BIRD LLP
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By:
/Palani P. Rathinasamy/
Palani P. Rathinasamy
Attorneys for Plaintiff
ELAN MICROELECTRONICS CORPORATION
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LEGAL02/32757708v1
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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)
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