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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1 2 3 4 5 6 7 8 9 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 10 11 Attorneys for Plaintiff and Counterclaim-Defendant APPLE INC. 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 SAN JOSE DIVISION 15 16 17 APPLE INC., a California corporation, 18 19 20 21 22 23 24 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. 25 26 27 28 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 1 2 3 4 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: 1. 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”); 5 2. Exhibits 3, 4, 8, and 10 to the Kramer Declaration; 6 3. The confidential, unredacted version of the Declaration of Michel Maharbiz, Ph.D. 7 in Support of Apple’s Opposition to Samsung’s Motion for Summary Judgment (“Maharbiz 8 Declaration”); and 9 4. Exhibits C, D, and G-S to the Maharbiz Declaration. 10 Exhibits 3, 4, 8, and 10 to the Kramer Declaration and Exhibit G to the Maharbiz 11 Declaration contain information that is highly confidential as set out in the Declaration of Cyndi 12 Wheeler in Support of Apple’s Administrative Motion to File Documents Under Seal (“Wheeler 13 Declaration”) (Dkt. No. 998). It is Apple’s policy not to disclose or describe to third parties its 14 confidential financial, design, trade secrets, or product development information. (Wheeler 15 Declaration ¶ 11.) The Apple-confidential material in these exhibits relate to such confidential 16 information, as detailed in the Wheeler Declaration. (Id. ¶ 1-10.) This information is highly 17 confidential to Apple and could be used by Apple’s competitors to Apple’s disadvantage if 18 disclosed publicly. (Id. ) The relief requested in this motion is necessary and is narrowly tailored 19 to protect confidential information, focusing only on specific portions of the documents at issue. 20 (Id. ¶ 14.) 21 Exhibits 3, 4, 8, 10 to the Kramer Declaration and Exhibits C and H-S to the Maharbiz 22 Declaration contain materials that Samsung has designated as confidential under the protective 23 order entered in this case. In addition, Exhibit D to the Maharbiz Declaration has been designated 24 by Samsung as containing third party confidential information. Apple expects that, pursuant to 25 Civil Local Rule 79-5(d), Samsung will file a declaration seeking to establish good cause to 26 permit the sealing of these materials. 27 28 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 1 1 In addition, to the extent the Kramer and Maharbiz Declarations refer to or discuss the 2 above-referenced confidential materials, they could be used to Apple’s disadvantage by 3 competitors if they were not filed under seal, for the same reasons. (Id. ¶ 13.) 4 5 Pursuant to Civil Local Rule 79-(c), Apple will lodge with the Clerk the documents at issue with the sealable portions highlighted. 6 7 8 Dated: May 31, 2012 MORRISON & FOERSTER LLP 9 10 11 12 By: /s/ Michael A. Jacobs MICHAEL A. JACOBS Attorneys for Plaintiff APPLE INC. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 2

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