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

Filing 1023

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 Russell S. Winer In Support Of Apples Opposition To Samsungs Motion For Summary Judgment, #3 Declaration Of Dr. Alan Hedge In Support Of Apples Opposition To Samsungs Motion For Summary Judgment, #4 Exhibit A (Volume 1 of 5), #5 Exhibit A (Volume 2 of 5), #6 Exhibit A (Volume 3 of 5), #7 Exhibit A (Volume 4 of 5), #8 Exhibit A (Volume 5 of 5))(Jacobs, Michael) (Filed on 6/1/2012)

1
2
3
4
5
6
7
8
9

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]

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
5
6
7

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.

Exhibit A to the Declaration of Dr. Alan Hedge in Support of Apple’s Opposition

to Samsung’s Motion for Summary Judgment (“Hedge Declaration”); and
2.

Exhibit 1 to the Declaration of Dr. Russell S. Winer in Support of Apple’s

Opposition to Samsung’s Motion for Summary Judgment (“Winer Declaration”).
Exhibit A to the Hedge Declaration and Exhibit 1 to the Winer Declaration contain

8

information that is highly confidential as set out in the Declaration of Cyndi Wheeler in Support

9

of Apple’s Administrative Motion to File Documents Under Seal (“Wheeler Declaration”), filed

10

herewith. It is Apple’s policy not to disclose or describe to third parties its confidential financial,

11

design, trade secrets, design, or product development information. (Wheeler Declaration ¶ 11.)

12

The Apple-confidential material in these exhibits relate to such confidential information, as

13

detailed in the Wheeler Declaration. (Id. ¶ 1-10.) This information is highly confidential to

14

Apple and could be used by Apple’s competitors to Apple’s disadvantage if disclosed publicly.

15

(Id. ) The relief requested in this motion is necessary and is narrowly tailored to protect

16

confidential information, focusing only on specific portions of the documents at issue. (Id. ¶ 14.)

17

Exhibit 1 to the Winer Declaration also contains materials that Samsung has designated as

18

confidential under the protective order entered in this case. Apple expects that, pursuant to Civil

19

Local Rule 79-5(d), Samsung will file a declaration seeking to establish good cause to permit the

20

sealing of these materials.

21

Pursuant to Civil Local Rule 79-(c), Apple will lodge with the Clerk the documents at

22

issue with the sealable portions highlighted.

23

Dated: May 31, 2012

MORRISON & FOERSTER LLP

24
25
26
27

By:

/s/ Michael A. Jacobs
MICHAEL A. JACOBS
Attorneys for Plaintiff
APPLE INC.

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