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

Filing 1024

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 Dr. Karan Singh, Ph.D. In Support Of Apples Opposition To Samsungs Motion For Summary Judgment, #3 Singh Decl. Ex. 1, #4 Singh Decl. Ex. 2, #5 Singh Decl. Ex. 3, #6 Singh Decl. Ex. 4, #7 Singh Decl. Ex. 5, #8 Singh Decl. Ex. 6, #9 Singh Decl. Ex. 7, #10 Singh Decl. Ex. 8, #11 Singh Decl. Ex. 9, #12 Singh Decl. Ex. 10, #13 Declaration Of Ravin Balakrishnan, Ph.D. In Support Of Apples Opposition To Samsungs Motion For Summary Judgment, #14 Balakrishnan Decl. Ex. 1, #15 Balakrishnan Decl. Ex. 2, #16 Balakrishnan Decl. Ex. 3)(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:
1.

The confidential, unredacted version of the Declaration of Ravin Balakrishnan,

Ph.D. in Support of Apple’s Opposition to Samsung’s Motion for Summary Judgment;
2.

The confidential, unredacted version of the Declaration of Dr. Karan Singh, Ph.D.

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in Support of Apple’s Opposition to Samsung’s Motion for Summary Judgment (“Singh

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Declaration”) and Exhibits 1, 2, and 8 thereto; and

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3.

The Declaration of Terry L. Musika in Support of Apple’s Opposition to

Samsung’s Motion for Summary Judgment (“Musika Declaration”) and Exhibits A through L
thereto.

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Exhibit 1 to the Singh Declaration and Exhibits A-E, H, and I to the Musika Declaration

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

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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 1, 2, and 8 to the Singh Declaration and Exhibits B, C, F-H and J-L to the Musika

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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. Apple expects that, pursuant to Civil Local Rule 79-5(d), Samsung will

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file a declaration seeking to establish good cause to permit the sealing of these materials. In

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addition, the Musika Declaration and Exhibits A-L thereto contain highly confidential damages-

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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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related expert materials, which the parties have stipulated should be submitted to the Court under

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seal and not placed on the public record. (Wheeler Decl. ¶ 12.)

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Finally, to the extent the above-referenced Declarations refer to or discuss the above-

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referenced confidential materials, or the confidential materials identified in the Wheeler

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Declaration, they could be used to Apple’s disadvantage by competitors if they were not filed

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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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