Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
1013
Administrative Motion to File Under Seal Documents Under Seal Re Apples Opposition To Samsungs Motion For Summary Judgment filed by Apple Inc.. (Attachments: #1 Proposed Order, #2 Declaration Of Karl Kramer In Support Of Apples Opposition To Samsungs Motion For Summary Judgment, #3 Exhibit Kramer Decl. Ex. 1, #4 Exhibit Kramer Decl. Ex. 2, #5 Exhibit Kramer Decl. Ex. 3, #6 Exhibit Kramer Decl. Ex. 4, #7 Exhibit Kramer Decl. Ex. 5, #8 Exhibit Kramer Decl. Ex. 6, #9 Exhibit Kramer Decl. Ex. 7, #10 Exhibit Kramer Decl. Ex. 8, #11 Exhibit Kramer Decl. Ex. 9, #12 Exhibit Kramer Decl. Ex. 10, #13 Exhibit Kramer Decl. Ex. 11, #14 Declaration Of Michel Maharbiz, Ph.D. In Support Of Apples Opposition To Samsungs Motion For Summary Judgment, #15 Exhibit Maharbiz Decl. Ex. A, #16 Exhibit Maharbiz Decl. Ex. B, #17 Exhibit Maharbiz Decl. Ex. E, #18 Exhibit Maharbiz Decl. Ex. F)(Jacobs, Michael) (Filed on 6/1/2012)
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HAROLD J. MCELHINNY (CA SBN 66781)
hmcelhinny@mofo.com
MICHAEL A. JACOBS (CA SBN 111664)
mjacobs@mofo.com
JENNIFER LEE TAYLOR (CA SBN 161368)
jtaylor@mofo.com
ALISON M. TUCHER (CA SBN 171363)
atucher@mofo.com
RICHARD S.J. HUNG (CA SBN 197425)
rhung@mofo.com
JASON R. BARTLETT (CA SBN 214530)
jasonbartlett@mofo.com
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: (415) 268-7000
Facsimile: (415) 268-7522
WILLIAM F. LEE
william.lee@wilmerhale.com
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Telephone: (617) 526-6000
Facsimile: (617) 526-5000
MARK D. SELWYN (SBN 244180)
mark.selwyn@wilmerhale.com
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, California 94304
Telephone: (650) 858-6000
Facsimile: (650) 858-6100
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Attorneys for Plaintiff and
Counterclaim-Defendant APPLE INC.
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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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APPLE INC., a California corporation,
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Plaintiff,
v.
SAMSUNG ELECTRONICS CO., LTD., a
Korean corporation; SAMSUNG
ELECTRONICS AMERICA, INC., a New
York corporation; and SAMSUNG
TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,
Case No. 11-cv-01846-LHK
APPLE’S ADMINISTRATIVE
MOTION TO FILE DOCUMENTS
UNDER SEAL RE APPLE’S
OPPOSITION TO SAMSUNG’S
MOTION FOR SUMMARY
JUDGMENT
Defendants.
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APPLE’S ADMIN. MOTION TO FILE UNDER SEAL RE OPP. TO SAMSUNG’S MOT. FOR SUMMARY JUDGMENT
CASE NO. 11-CV-01846-LHK
sf-3150843
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In accordance with Civil Local Rules 7-11 and 79-5, and General Order No. 62, Apple Inc.
(“Apple”) submits this motion for an order to seal the following documents or portions thereof:
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The confidential, unredacted version of the Declaration of Karl Kramer in Support
of Apple’s Opposition to Samsung’s Motion for Summary Judgment (“Kramer Declaration”);
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2.
Exhibits 3, 4, 8, and 10 to the Kramer Declaration;
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3.
The confidential, unredacted version of the Declaration of Michel Maharbiz, Ph.D.
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in Support of Apple’s Opposition to Samsung’s Motion for Summary Judgment (“Maharbiz
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Declaration”); and
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Exhibits C, D, and G-S to the Maharbiz Declaration.
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Exhibits 3, 4, 8, and 10 to the Kramer Declaration and Exhibit G to the Maharbiz
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Declaration contain information that is highly confidential as set out in the Declaration of Cyndi
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Wheeler in Support of Apple’s Administrative Motion to File Documents Under Seal (“Wheeler
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Declaration”) (Dkt. No. 998). It is Apple’s policy not to disclose or describe to third parties its
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confidential financial, design, trade secrets, or product development information. (Wheeler
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Declaration ¶ 11.) The Apple-confidential material in these exhibits relate to such confidential
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information, as detailed in the Wheeler Declaration. (Id. ¶ 1-10.) This information is highly
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confidential to Apple and could be used by Apple’s competitors to Apple’s disadvantage if
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disclosed publicly. (Id. ) The relief requested in this motion is necessary and is narrowly tailored
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to protect confidential information, focusing only on specific portions of the documents at issue.
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(Id. ¶ 14.)
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Exhibits 3, 4, 8, 10 to the Kramer Declaration and Exhibits C and H-S to the Maharbiz
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Declaration contain materials that Samsung has designated as confidential under the protective
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order entered in this case. In addition, Exhibit D to the Maharbiz Declaration has been designated
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by Samsung as containing third party confidential information. Apple expects that, pursuant to
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Civil Local Rule 79-5(d), Samsung will file a declaration seeking to establish good cause to
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permit the sealing of these materials.
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APPLE’S ADMIN. MOTION TO FILE UNDER SEAL RE OPP. TO SAMSUNG’S MOT. FOR SUMMARY JUDGMENT
CASE NO. 11-CV-01846-LHK
sf-3150843
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In addition, to the extent the Kramer and Maharbiz Declarations refer to or discuss the
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above-referenced confidential materials, they could be used to Apple’s disadvantage by
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competitors if they were not filed under seal, for the same reasons. (Id. ¶ 13.)
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Pursuant to Civil Local Rule 79-(c), Apple will lodge with the Clerk the documents at
issue with the sealable portions highlighted.
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Dated: May 31, 2012
MORRISON & FOERSTER LLP
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By:
/s/ Michael A. Jacobs
MICHAEL A. JACOBS
Attorneys for Plaintiff
APPLE INC.
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APPLE’S ADMIN. MOTION TO FILE UNDER SEAL RE OPP. TO SAMSUNG’S MOT. FOR SUMMARY JUDGMENT
CASE NO. 11-CV-01846-LHK
sf-3150843
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