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

Filing 1140

Administrative Motion to File Under Seal filed by Apple Inc.. (Attachments: #1 Wheeler Declaration in Support of Administrative Motion, #2 Proposed Order, #3 Declaration of Jason R. Bartlett, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24, #28 Exhibit 25, #29 Exhibit 26, #30 Exhibit 27, #31 Public Declaration of Peter W. Bressler, #32 Exhibit 1, #33 Exhibit 2, #34 Exhibit 3, #35 Exhibit 4, #36 Exhibit 5, #37 Exhibit 6, #38 Exhibit 7, #39 Exhibit 8, #40 Exhibit 9, #41 Exhibit 10, #42 Exhibit 11, #43 Exhibit 12, #44 Exhibit 13, #45 Exhibit 14, #46 Exhibit 15, #47 Exhibit 16, #48 Exhibit 17, #49 Exhibit 18, #50 Exhibit 19, #51 Exhibit 20, #52 Exhibit 21, #53 Exhibit 22, #54 Exhibit 23, #55 Exhibit 24, #56 Exhibit 25, #57 Exhibit 26, #58 Exhibit 27, #59 Exhibit 28, #60 Exhibit 29, #61 Exhibit 30, #62 Exhibit 31, #63 Exhibit 32, #64 Exhibit 33, #65 Exhibit 34, #66 Exhibit 35, #67 Exhibit 36, #68 Exhibit 37, #69 Exhibit 38, #70 Exhibit 39, #71 Exhibit 40, #72 Exhibit 41, #73 Exhibit 42, #74 Exhibit 43, #75 Exhibit 44, #76 Exhibit 45, #77 Exhibit 46, #78 Exhibit 47, #79 Exhibit 48, #80 Exhibit 49, #81 Exhibit 50, #82 Exhibit 51, #83 Exhibit 52, #84 Exhibit 53, #85 Exhibit 54, #86 Exhibit 55, #87 Exhibit 56, #88 Exhibit 57, #89 Exhibit 58, #90 Exhibit 59, #91 Exhibit 60, #92 Exhibit 61, #93 Exhibit 62, #94 Exhibit 63, #95 Exhibit 64, #96 Exhibit 65, #97 Exhibit 66, #98 Exhibit 67, #99 Exhibit 68, #100 Exhibit 69, #101 Exhibit 70, #102 Exhibit 71, #103 Exhibit 72, #104 Exhibit 73, #105 Exhibit 74, #106 Exhibit 75, #107 Exhibit 76, #108 Exhibit 77)(Jacobs, Michael) (Filed on 6/26/2012) Modified on 6/27/2012 pursuant to General Order No. 62, attachment #1 sealed (dhm, COURT STAFF).

1
2
3
4
5
6
7
8
9

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]

10
11

Attorneys for Plaintiff and
Counterclaim-Defendant APPLE INC.

12
13

UNITED STATES DISTRICT COURT

14

NORTHERN DISTRICT OF CALIFORNIA

15

SAN JOSE DIVISION

16

APPLE INC., a California corporation,
Plaintiff,

17
18
19
20
21
22

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
OPPOSITION TO SAMSUNG’S
DESIGN CLAIM CONSTRUCTION

Defendants.

23
24
25
26
27
28
ADMIN. MOT. TO FILE UNDER SEAL DOCUMENTS RE APPLE’S OPP. TO DESIGN CLAIM CONSTRUCTION
CASE NO. 11-CV-01846-LHK (PSG)
sf-3163699

1
2
3

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, unreacted Declaration of Peter Bressler in Support of Apple’s

4

Response to Samsung’s Opening Memorandum Regarding Design Patent Claim

5

Construction (“Bressler Declaration”), portions of which have been designated

6

confidential as set forth below;

7

2.

Exhibits 2-11, 20, 31-37, 39-40 and 72-77 to the Declaration of Peter Bressler in

8

Support of Apple’s Response to Samsung’s Opening Memorandum Regarding

9

Design Patent Claim Construction, which has been designated confidential as set

10
11

forth below; and
3.

Exhibits 1-14 and 27 to the Declaration of Jason R. Bartlett In Support of Apple’s

12

Response to Samsung’s Opening Memorandum Regarding Design Patent Claim

13

Construction (“Bartlett Declaration”), which has been designated confidential as

14

set forth below.

15

Exhibits 2-11, 31-37, and 72-77 to the Bressler Declaration and Exhibits 1-3 and 5-12 to

16

the Bartlett Declaration contain information that is highly confidential as set out in the

17

Declaration of Cyndi Wheeler in Support of Apple’s Administrative Motion to File Documents

18

Under Seal (Wheeler Declaration”). It is Apple’s policy not to disclose or describe to third

19

parties its confidential patent strategy, design and product development information. (Wheeler

20

Declaration ¶ 4.) The Apple-confidential material in these exhibits relate to such confidential

21

information, as detailed in the Wheeler Declaration. (Id. ¶ 2-3.) This information is highly

22

confidential to Apple and could be used by Apple’s competitors to Apple’s disadvantage if

23

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

24

to protect confidential information, focusing only on specific portions of the documents at issue.

25

(Id. ¶ 6.)

26
27

Exhibits 20 and 39-40 to the Bressler Declaration and Exhibits 4 and 13-14 to the Bartlett
Declaration contain materials that Samsung has designated as confidential under the protective

28
ADMIN. MOT. TO FILE UNDER SEAL DOCUMENTS RE APPLE’S OPP. TO DESIGN CLAIM CONSTRUCTION
CASE NO. 11-CV-01846-LHK (PSG)
sf-3163699

1

1

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

2

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

3

Finally, to extent the Bressler Declaration refers to or discusses the above-referenced

4

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

5

seal, for the same reasons. (Id. ¶ 5.)

6

Pursuant to Civil Local Rule 79-5(c), Apple will lodge with the Clerk the documents at

7

issue.

8

Dated: June 26, 2012

MORRISON & FOERSTER LLP

9
10
11
12

By:

/s/ Michael A. Jacobs
MICHAEL A. JACOBS
Attorneys for Plaintiff
APPLE INC.

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ADMIN. MOT. TO FILE UNDER SEAL DOCUMENTS RE APPLE’S OPP. TO DESIGN CLAIM CONSTRUCTION
CASE NO. 11-CV-01846-LHK (PSG)
sf-3163699

2