Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
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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).
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HAROLD J. MCELHINNY (CA SBN 66781)
hmcelhinny@mofo.com
MICHAEL A. JACOBS (CA SBN 111664)
mjacobs@mofo.com
JENNIFER LEE TAYLOR (CA SBN 161368)
jtaylor@mofo.com
ALISON M. TUCHER (CA SBN 171363)
atucher@mofo.com
RICHARD S.J. HUNG (CA SBN 197425)
rhung@mofo.com
JASON R. BARTLETT (CA SBN 214530)
jasonbartlett@mofo.com
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: (415) 268-7000
Facsimile: (415) 268-7522
WILLIAM F. LEE
william.lee@wilmerhale.com
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Telephone: (617) 526-6000
Facsimile: (617) 526-5000
MARK D. SELWYN (SBN 244180)
mark.selwyn@wilmerhale.com
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, California 94304
Telephone: (650) 858-6000
Facsimile: (650) 858-6100
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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
OPPOSITION TO SAMSUNG’S
DESIGN CLAIM CONSTRUCTION
Defendants.
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ADMIN. MOT. TO FILE UNDER SEAL DOCUMENTS RE APPLE’S OPP. TO DESIGN CLAIM CONSTRUCTION
CASE NO. 11-CV-01846-LHK (PSG)
sf-3163699
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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:
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The confidential, unreacted Declaration of Peter Bressler in Support of Apple’s
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Response to Samsung’s Opening Memorandum Regarding Design Patent Claim
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Construction (“Bressler Declaration”), portions of which have been designated
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confidential as set forth below;
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2.
Exhibits 2-11, 20, 31-37, 39-40 and 72-77 to the Declaration of Peter Bressler in
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Support of Apple’s Response to Samsung’s Opening Memorandum Regarding
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Design Patent Claim Construction, which has been designated confidential as set
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forth below; and
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Exhibits 1-14 and 27 to the Declaration of Jason R. Bartlett In Support of Apple’s
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Response to Samsung’s Opening Memorandum Regarding Design Patent Claim
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Construction (“Bartlett Declaration”), which has been designated confidential as
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set forth below.
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Exhibits 2-11, 31-37, and 72-77 to the Bressler Declaration and Exhibits 1-3 and 5-12 to
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the Bartlett Declaration contain information that is highly confidential as set out in the
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Declaration of Cyndi Wheeler in Support of Apple’s Administrative Motion to File Documents
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Under Seal (Wheeler Declaration”). It is Apple’s policy not to disclose or describe to third
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parties its confidential patent strategy, design and product development information. (Wheeler
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Declaration ¶ 4.) The Apple-confidential material in these exhibits relate to such confidential
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information, as detailed in the Wheeler Declaration. (Id. ¶ 2-3.) This information is highly
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confidential to Apple and could be used by Apple’s competitors to Apple’s disadvantage if
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disclosed publicly. (Id.) The relief requested in this motion is necessary and is narrowly tailored
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to protect confidential information, focusing only on specific portions of the documents at issue.
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(Id. ¶ 6.)
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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
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ADMIN. MOT. TO FILE UNDER SEAL DOCUMENTS RE APPLE’S OPP. TO DESIGN CLAIM CONSTRUCTION
CASE NO. 11-CV-01846-LHK (PSG)
sf-3163699
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order entered in this case. Apple expects that, pursuant to Civil Local Rule 79-5(d), Samsung will
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file a declaration seeking to establish good cause to permit the sealing of these materials.
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Finally, to extent the Bressler Declaration refers to or discusses the above-referenced
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confidential materials, it could be used to Apple’s disadvantage by competitors if not filed under
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seal, for the same reasons. (Id. ¶ 5.)
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Pursuant to Civil Local Rule 79-5(c), Apple will lodge with the Clerk the documents at
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issue.
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Dated: June 26, 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 OPP. TO DESIGN CLAIM CONSTRUCTION
CASE NO. 11-CV-01846-LHK (PSG)
sf-3163699
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