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

Filing 1334

Emergency MOTION for an Order Closing the Courtroom and Sealing the Transcript During Discussion of InterDigital's Confidential Information filed by InterDigital Technology Corporation, InterDigital Communications LLC. (Attachments: # 1 Proposed Order)(Cacovean, Corina) (Filed on 7/25/2012) Modified text on 7/26/2012 (dhm, COURT STAFF).

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MICHAEL B. LEVIN (SBN: 172329)
[e-mail]
DYLAN J. LIDDIARD (SBN: 203055)
[e-mail]
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
650 Page Mill Road
Palo Alto, CA 94304-1050
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Non-Parties
INTERDIGITAL TECHNOLOGY
CORPORATION and
INTERDIGITAL COMMUNICATIONS LLC

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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,

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Plaintiff,
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v.
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SAMSUNG ELECTRONICS CO., LTD., a
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Korean corporation; SAMSUNG
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ELECTRONICS AMERICA, INC., a New York )
corporation; SAMSUNG
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TELECOMMUNICATIONS AMERICA, LLC, a )
Delaware limited liability company,
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Defendants.
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CASE NO.: 11-CV-01846-LHK
[PROPOSED] ORDER GRANTING
NON-PARTIES INTERDIGITAL
COMMUNICATIONS, LLC AND
INTERDIGITAL TECHNOLOGY
CORPORATION EMERGENCY
MOTION FOR AN ORDER CLOSING
THE COURTROOM AND SEALING
THE TRANSCRIPT DURING
DISCUSSION OF INTERDIGITAL’S
CONFIDENTIAL INFORMATION

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The Court has considered the papers and evidence presented in connection with

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InterDigital’s Emergency Motion for an Order Closing the Courtroom and Sealing the Transcript

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During Discussion of InterDigital’s Confidential Information (“InterDigital’s Emergency Motion

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to Seal”). The Court has determined that, in light of the declaration of Lawrence F. Shay filed by

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InterDigital in support of its Emergency Motion to Seal, compelling reasons exist for sealing (a)
-1ORDER GRANTING INTERDIGITAL’S MOTION TO SEAL
Case No. 11-CV-01846-LHK

5010508_1.DOCX

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portions of a Patent License and Settlement Agreement entered into as of November 24, 2008,

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between Samsung and InterDigital (the “Samsung–InterDigital PLA”) – included in Trial Exhibit

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77; (b) portions of a table summarizing key terms of the Samsung–InterDigital PLA, attached as

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Exhibit 3A to Samsung’s Expert Report of David Teece, dated March 22, 2012 – included in

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Trial Exhibit 630; and (c) portions of a table summarizing key terms of the Wireless Patent

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License Agreement between Apple Inc. and InterDigital (the “Apple–InterDigital PLA”),

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attached as Exhibit 3B to Samsung’s Expert Report of David Teece, dated March 22, 2012 –

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included in Trial Exhibit 630.

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The motion is hereby GRANTED.

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The following materials (or “InterDigital Confidential Documents”) shall be filed under
seal:

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(a) those portions of the Samsung–InterDigital PLA included in Trial Exhibit 77

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reflecting the same redactions made by InterDigital in its disclosure of the PLA in its 2009 filing

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with the United States Securities and Exchange Commission;

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(b) the last three lines of the last paragraph located in the column titled “Licensed

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Products/Technology” of the table summarizing key terms of the Samsung–InterDigital PLA,

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attached as Exhibit 3A to Samsung’s Expert Report of David Teece, dated March 22, 2012 –

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included in Trial Exhibit 630; and

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(c) the columns titled “Licensed Products/Technology” and “Payments” of the table

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summarizing key terms of the Wireless Patent License Agreement between Apple Inc. and

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InterDigital (the “Apple–InterDigital PLA”), attached as Exhibit 3B to Samsung’s Expert Report

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of David Teece, dated March 22, 2012 – included in Trial Exhibit 630.

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Those members of the public and litigants not authorized to view “Highly Confidential –

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Attorneys Eyes Only” material shall be excluded from the courtroom during any discussion or

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display of the InterDigital Confidential Documents. Alternatively, any exhibit containing the

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InterDigital Confidential Documents shall not be displayed in such a manner that their contents

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are visible to the public gallery in the courtroom. Any portions of the trial transcript containing

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-2ORDER GRANTING INTERDIGITAL’S MOTION TO SEAL
Case No. 11-CV-01846-LHK

5010508_1.DOCX

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discussion of InterDigital Confidential Documents shall be sealed. Any exhibits entered at trial

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that comprise or discuss InterDigital Confidential Documents shall be sealed.

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IT IS SO ORDERED.

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Dated: July ____, 2012

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LUCY H. KOH
United States District Judge

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-3ORDER GRANTING INTERDIGITAL’S MOTION TO SEAL
Case No. 11-CV-01846-LHK

5010508_1.DOCX