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

Filing 1089

Administrative Motion to File Under Seal filed by Apple Inc.. (Attachments: #1 Declaration of Cyndi Wheeler, #2 Proposed Order, #3 [Public] Apple's Opening Design Patent Claim Construction Brief, #4 Declaration of Mia Mazza, #5 Exhibit 1, #6 Exhibit 2, #7 Errata 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6 Part 1, #11 Exhibit 6 Part 2, #12 Exhibit 6 Part 3, #13 Exhibit 6 Part 4, #14 Exhibit 7 Part 1, #15 Exhibit 7 Part 2, #16 Exhibit 8, #17 Exhibit 9, #18 Exhibit 10, #19 Exhibit 11, #20 Exhibit 12, #21 Exhibit 13)(Jacobs, Michael) (Filed on 6/12/2012) Modified on 6/13/2012. 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]
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,

Case No. 11-cv-01846-LHK (PSG)
ADMINISTRATIVE MOTION TO
FILE UNDER SEAL DOCUMENTS
REGARDING APPLE’S DESIGN
PATENT CLAIM CONSTRUCTION
BRIEF

Defendants.

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ADMIN. MOT. TO FILE UNDER SEAL DOCUMENTS RE APPLE’S DESIGN PATENT CLAIM CONSTRUCTION BRIEF
CASE NO. 11-CV-01846-LHK (PSG)
pa-1533025

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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 Opening Design Patent Claim
Construction Brief; and

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Exhibits 8 through 11 to the Declaration of Mia Mazza in Support of Apple’s

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Opening Claim Construction Brief (“Mazza Declaration”), which have been

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designated confidential as set forth below.

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Exhibits 8 and 9 to the Mazza Declaration contain information that is highly confidential

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as set forth in the Declaration of Cyndi Wheeler in Support of Apple’s Administrative Motion to

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File Documents Under Seal (“Wheeler Declaration”), filed herewith. It is Apple’s policy not to

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disclose or describe to third parties its design information. (Wheeler Declaration ¶ 3.) The

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Apple-confidential material in these exhibits relates to such confidential information, as detailed

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in the Wheeler Declaration. (Id. ¶¶ 2-3) This information is highly confidential to Apple and

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could be used by Apple’s competitors to Apple’s disadvantage if disclosed publicly. (Id.) The

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relief requested in this motion is necessary and is narrowly tailored to protect confidential

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information. (Id. ¶ 5.)

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Exhibits 10 and 11 contain materials that Samsung has designated as confidential under

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the protective order entered in this case. Apple expects that, pursuant to Civil Local Rule 79-5(d),

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Samsung will file a declaration seeking to establish good cause to permit the sealing of these

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materials.

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Finally, to the extent Apple’s Opening Design Patent Claim Construction Brief refers to or

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discuss the above-referenced materials, it could be used to Apple’s disadvantage by competitors if

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it was not filed under seal, for the same reasons. (Id. ¶ 4.)

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ADMIN. MOT. TO FILE UNDER SEAL DOCUMENTS RE APPLE’S DESIGN PATENT CLAIM CONSTRUCTION BRIEF
CASE NO. 11-CV-01846-LHK (PSG)
pa-1533025

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

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issue with the sealable portions highlighted.

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Dated: June 12, 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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ADMIN. MOT. TO FILE UNDER SEAL DOCUMENTS RE APPLE’S DESIGN PATENT CLAIM CONSTRUCTION BRIEF
CASE NO. 11-CV-01846-LHK (PSG)
pa-1533025

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