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

Filing 1052

Administrative Motion to File Under Seal Apple's Reply Brief in Support of Its Motion for Summary Judgment filed by Apple Inc.(a California corporation). (Attachments: #1 Proposed Order, #2 Reply Brief, #3 Declaration, #4 Exhibit, #5 Exhibit)(Selwyn, Mark) (Filed on 6/7/2012)

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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 Reply Brief In Support of its Motion for

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Summary Judgment of Non-Infringement of U.S. Patent Number 7,362,867 and

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Invalidity of U.S. Patent Numbers 7,456,893 and 7,577,460, filed herewith.

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2.

Exhibit 1 to the Declaration of Peter Kolovos in Support of Apple’s Reply Brief

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In Support of its Motion for Summary Judgment, filed herewith.

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Items 1 and 2 of the above documents contain information that Samsung has designated

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as confidential under the protective order. Apple expects that pursuant to Civil Local Rule 79-

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5(d), Samsung will file a declaration, and accompanying Proposed Order, attempting to establish

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good cause to permit the sealing of these materials.

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Apple’s Reply Brief In Support of its Motion for Summary Judgment also contains

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information that is Apple-confidential as set out in the Declaration of Erica Tierney in Support of

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Apple’s Administrative Motion to File Documents Under Seal (“Tierney Declaration”) [Dkt. No.

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925-1], filed in support of sealing Apple’s Motion for Summary Judgment of Non-Infringement

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of U.S. Patent Number 7,362,867 and Invalidity of U.S. Patent Numbers 7,456,893 and

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7,577,460. As described in the Tierney Declaration, this motion requests relief that is necessary

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and narrowly tailored to protect only that confidential information. It is Apple’s policy not to

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disclose or describe its confidential design and product development information. (Tierney

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Declaration ¶ 3.) This information is highly confidential to Apple. (Id.) The information

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described above could be used by Apple’s competitors to Apple’s disadvantage if disclosed

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

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confidential information, focusing only on specific portions of the documents at issue. (Id. ¶ 4.)

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Apple’s Reply Brief In Support of its Motion for Summary Judgment also contains

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information that is confidential to Intel as set out in the Declaration of Mark D. Selwyn in

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Support of Apple’s Administrative Motion to File Documents Under Seal (“Selwyn

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Declaration”) [Dkt. No. 925-2], filed in support of sealing Apple’s Motion for Summary

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

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Judgment of Non-Infringement of U.S. Patent Number 7,362,867 and Invalidity of U.S. Patent

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Numbers 7,456,893 and 7,577,460. As described in the Selwyn Declaration, this motion

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requests relief that is necessary and narrowly tailored to protect only that confidential

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information. (Selwyn Declaration ¶ 3.)

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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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document 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 7, 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]

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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)

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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing document has
been served on June 7, 2012 to all counsel of record who are deemed to have consented to
electronic service via the Court’s CM/ECF system per Civil Local Rule 5.4. Any other counsel
of record will be served by electronic mail, facsimile and/or overnight delivery.

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/s/ Mark D. Selwyn
Mark D. Selwyn

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