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

Filing 1041

Administrative Motion to File Under Seal Apple Inc.'s Opposition to Samsung's Motion to Enforce April 12, 2012 Order filed by Apple Inc.. (Attachments: #1 Declaration of Erica Tierney in Support of Admin. Motion to Seal, #2 Proposed Order Granting Motion to Seal, #3 Apple's Opposition to Samsung's Motion to Enforce April 12, 2012 Order, #4 Proposed Order Denying Samsung's Motion, #5 Declaration of Mia Mazza in Support of Apple's Opposition, #6 Exhibit 1, #7 Exhibit 2, #8 Exhibit 3, #9 Exhibit 4, #10 Exhibit 5, #11 Exhibit 6, #12 Exhibit 7)(Jacobs, Michael) (Filed on 6/5/2012) Modified on 6/6/2012 pursuant to General Order No. 62, attachment #1 sealed (dhm, COURT STAFF).

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HAROLD J. MCELHINNY (CA SBN 66781)
[e-mail]
MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
RICHARD S.J. HUNG (CA SBN 197425)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: [phone]

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WILLIAM F. LEE (pro hac vice)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, Massachusetts 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]
Attorneys for Plaintiff and
Counterclaim-Defendant Apple Inc.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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APPLE INC., a California corporation,
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Plaintiff,
vs.
SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity, SAMSUNG
ELECTRONICS AMERICA, INC., a New
York corporation, and SAMSUNG
TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,

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APPLE INC.’S ADMINISTRATIVE
MOTION TO FILE DOCUMENTS
UNDER SEAL

Defendants.

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Civil Action No. 11-CV-01846-LHK

SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity, SAMSUNG
ELECTRONICS AMERICA, INC., a New
York corporation, and SAMSUNG
TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,
Counterclaim-Plaintiffs,

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v.
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APPLE INC., a California corporation,
Counterclaim-Defendant.

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APPLE INC.’S ADMINISTRATIVE MOTION TO
FILE DOCUMENTS UNDER SEAL
Case No. 11-cv-01846 (LHK)

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In accordance with Civil L.R. 7-11 and 79-5, and General Order No. 62, Apple Inc.
(“Apple”) moves for an order to seal the following documents:
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Confidential portions of Apple’s Opposition to Samsung’s Motion to Enforce the

Court’s April 12, 2012 Order, filed herewith.
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Exhibits 1, 2 and 7 to the Declaration of Mia Mazza in Support of Apple’s

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Opposition to Samsung’s Motion to Enforce the Court’s April 12, 2012 Order, filed

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herewith.

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Item 1 of the above documents contains information that Samsung has designated as

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confidential under the protective order. Apple expects that pursuant to Civil Local Rule 79-5(d),

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Samsung will file a declaration, and accompanying Proposed Order, attempting to establish good

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cause to permit the sealing of these materials.

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Item 2 of the above documents contains information that is Apple-confidential as set out

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in the Declaration of Erica Tierney in Support of Apple’s Administrative Motion to File

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Documents Under Seal (“Tierney Declaration”), filed herewith. As described in the Tierney

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Declaration, this motion requests relief that is necessary and narrowly tailored to protect only

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that confidential information. It is Apple’s policy not to disclose or describe its confidential

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design and product development and/or procurement information. (Tierney Declaration ¶ 3.)

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

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be 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. ¶ 4.)

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Pursuant to the Court’s standing order regarding motions to file under seal, effective

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December 1, 2011, attached is the proposed public redacted versions of Items 1 and 2 that Apple

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is 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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Pursuant to General Order No. 62, Apple’s entire filing will be lodged with the Court for
in camera review and served on all parties.

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APPLE INC.’S ADMINISTRATIVE MOTION TO
FILE DOCUMENTS UNDER SEAL
Case No. 11-cv-01846 (LHK)

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Dated: June 5, 2012

/s/ Mark D. Selwyn
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]
William F. Lee (admitted pro hac vice)
([e-mail])
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, Massachusetts 02109
Telephone: [phone]
Facsimile: [phone]
Harold J. McElhinny (SBN 66781)
([e-mail])
Michael A. Jacobs (SBN 111664)
([e-mail])
Richard S.J. Hung (CA SBN 197425)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105
Telephone: ( 415) 268-7000
Facsimile: [phone]
Attorneys for Plaintiff and
Counterclaim-Defendant Apple Inc.

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APPLE INC.’S ADMINISTRATIVE MOTION TO
FILE DOCUMENTS UNDER SEAL
Case No. 11-cv-01846 (LHK)

ATTESTATION OF E-FILED SIGNATURE

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I, Michael A. Jacobs, am the ECF User whose ID and password are being used to file this

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Motion. In compliance with General Order 45, X.B., I hereby attest that Mark D. Selwyn has

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concurred in this filing.

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Dated: June 5, 2012

By:

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/s/ Michael A. Jacobs
Michael A. Jacobs

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APPLE INC.’S ADMINISTRATIVE MOTION TO
FILE DOCUMENTS UNDER SEAL
Case No. 11-cv-01846 (LHK)