Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
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Administrative Motion to File Under Seal Documents Re Apples Opposition To Samsungs Motion For Summary Judgment filed by Apple Inc.. (Attachments: #1 Proposed Order, #2 Declaration Of Peter W. Bressler In Support Of Apples Opposition To Samsungs Motion For Summary Judgment, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 59, #26 Exhibit 60, #27 Exhibit 61, #28 Exhibit 62, #29 Exhibit 63, #30 Exhibit 64 (Part 1 of 2), #31 Exhibit 64 (Part 2 of 2), #32 Exhibit 65, #33 Exhibit 66, #34 Exhibit 83, #35 Exhibit 84, #36 Exhibit 85, #37 Exhibit 86, #38 Exhibit 87, #39 Exhibit 88, #40 Exhibit 89, #41 Exhibit 90, #42 Exhibit 91, #43 Exhibit 92, #44 Exhibit 93)(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 Peter W. Bressler in
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Support of Apple’s Opposition to Samsung’s Motion for Summary Judgment (“Bressler
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Declaration”); and
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2.
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Exhibits 42-59, 73-82, and 95 to the Bressler Declaration contain information that is
Exhibits 21, 22, 25-58, 67-82, and 94-95 to the Bressler Declaration.
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highly confidential as set out in the Declaration of Cyndi Wheeler in Support of Apple’s
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Administrative Motion to File Documents Under Seal (“Wheeler Declaration”) (Dkt. No. 998). It
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is Apple’s policy not to disclose or describe to third parties its confidential financial, design, trade
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secrets, or product development information. (Wheeler Declaration ¶ 11.) The Apple-
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confidential material in these exhibits relate to such confidential information, as detailed in the
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Wheeler Declaration. (Id. ¶ 1-10.) This information is highly confidential to Apple and could be
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used by Apple’s competitors to Apple’s disadvantage if disclosed publicly. (Id. ) The relief
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requested in this motion is necessary and is narrowly tailored to protect confidential information,
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focusing only on specific portions of the documents at issue. (Id. ¶ 14.)
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Exhibits 21, 22, 25-41, 67-72, and 94 to the Bressler Declaration contain materials that
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Samsung has designated as confidential under the protective order entered in this case. Apple
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expects that, pursuant to Civil Local Rule 79-5(d), Samsung will file a declaration seeking to
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establish good cause to permit the sealing of these materials.
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Finally, to the extent the Bressler Declaration refers to or discusses the above-referenced
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confidential materials, it could be used to Apple’s disadvantage by competitors if they were not
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filed under seal, for the same reasons. (Id. ¶ 13.)
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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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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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