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

Filing 1033

*** FILED IN ERROR. REFER TO DOCUMENT #1035 . *** Administrative Motion to File Under Seal filed by Apple Inc.. (Attachments: #1 Proposed Order, #2 Public Opposition to Motion for Leave to Seek Reconsideration of May 21, 2012 Order, #3 Proposed Order, #4 Declaration of Grant L. Kim in Support of Opposition, #5 Exhibit A to Public Kim Declaration, #6 Exhibit B to Public Kim Declaration, #7 Exhibit C to Public Kim Declaration, #8 Exhibit D to Public Kim Declaration)(Jacobs, Michael) (Filed on 6/4/2012) Modified on 6/5/2012 (fff, COURT STAFF).

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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,
Plaintiff,

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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,
Defendants.

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ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
CASE NO. 11-CV-01846-LHK (PSG)
sf-3150854

Case No. 11-cv-01846-LHK (PSG)
ADMINISTRATIVE MOTION TO
FILE DOCUMENTS UNDER SEAL
RE APPLE’S OPPOSITION TO
SAMSUNG’S MOTION FOR LEAVE
TO FILE MOTION FOR
RECONSIDERATION

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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.

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The confidential, unredacted version of Apple’s Opposition to Samsung’s Motion for
Leave to File Motion for Reconsideration (“Opposition”); and

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The confidential, unredacted version of Exhibit A to the Declaration of Grant Kim in

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Support of Apple’s Opposition to Samsung’s Motion for Leave to File Motion for

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Reconsideration (“Kim Declaration”), which has been designated as confidential as

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set forth below.

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Portions of the Opposition and Exhibit A to the Kim Declaration contain information that

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is highly confidential as set out in the Declaration of Cyndi Wheeler filed as Docket No. 1031

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(“Wheeler Declaration”). The Apple-confidential material in these documents relates to such

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highly confidential business information, as detailed in the Wheeler Declaration. (Id. ¶¶ 3, 5.) It

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is Apple’s policy not to disclose or describe to third parties its confidential information like the

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information contained in the documents described above. (Wheeler Declaration ¶¶ 3, 5, 10.)

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This information is highly confidential to Apple. (Id.) The information described above 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.

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Moreover, to the extent Apple’s Opposition refers to or discusses Exhibit A to the Kim

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

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seal, for the same reasons.

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In addition, the Opposition contains materials that Samsung has designated as confidential

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

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

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this document.

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Pursuant to the Court’s standing order regarding motions to file under seal, effective
December 1, 2011, attached are the proposed public redacted versions of the items that Apple is

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ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
CASE NO. 11-CV-01846-LHK (PSG)
sf-3150854

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seeking to file under seal. Pursuant to Civil L.R. 79-(c), Apple will lodge with the Clerk the

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documents at issue with the sealable portions highlighted.

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Dated: June 4, 2012

MORRISON & FOERSTER LLP

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By:
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/s/ Michael A. Jacobs
Michael A. Jacobs
Attorneys for Plaintiff
APPLE INC.

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ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
CASE NO. 11-CV-01846-LHK (PSG)
sf-3150854

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