Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 1022

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)
[e-mail]
MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
JENNIFER LEE TAYLOR (CA SBN 161368)
[e-mail]
ALISON M. TUCHER (CA SBN 171363)
[e-mail]
RICHARD S.J. HUNG (CA SBN 197425)
[e-mail]
JASON R. BARTLETT (CA SBN 214530)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: [phone]

WILLIAM F. LEE
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Telephone: [phone]
Facsimile: [phone]
MARK D. SELWYN (SBN 244180)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]

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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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