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

Filing 1378

Administrative Motion to File Under Seal filed by Toshiba Corporation. (Attachments: # 1 Declaration Uchigasaki, # 2 Exhibit Uchigasaki Exhibit 1, # 3 Exhibit Uchigasaki Exhibit 2, # 4 Declaration Dodd, # 5 Proposed Order)(Dodd, Kimberly) (Filed on 7/26/2012) Modified on 7/31/2012 Pursuant to General Order No. 62 attachment #1 and #4 sealed (dhm, COURT STAFF).

3

KIMBERLY K. DODD, CA Bar No. 235109, [e-mail]
FOLEY & LARDNER LLP
ATTORNEYS AT LAW
777 EAST WISCONSIN AVENUE
MILWAUKEE, WI 53202-5306
TELEPHONE:
414.271.2400
FACSIMILE:
414.297.4900

4

ATTORNEYS FOR THIRD PARTY TOSHIBA CORPORATION

1
2

5
6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

SAN JOSE DIVISION

11
12

APPLE INC., a California Corporation
Plaintiff,

13
14

Case No: 11-cv-01846-LHK

v.

17

SAMSUNG ELECTRONICS CO., LTD, a
Korean business entity; SAMSUNG
ELECTRONICS AMERICA, INC., a New
York corporation; SAMSUNG
TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company

18

[PROPOSED] ORDER GRANTING
THIRD PARTY TOSHIBA
CORPORATION’S EMERGENCY
ADMINISTRATIVE MOTION TO FILE
DOCUMENTS UNDER SEAL

Defendants.

15
16

Judge:

The Honorable Lucy H. Koh

19
20
21
22
23
24
25
26
27
28
[PROPOSED] ORDER GRANTING EMERGENCY ADMINISTRATIVE
MOTION TO FILE DOCUMENTS UNDER SEAL
CASE NO. 11-CV-01846-LHK
4839-3987-8160.1

1

Third Party Toshiba Corporation (“Toshiba”) has filed an emergency administrative

2

motion to seal portions of Trial Exhibit 630 and has submitted the declaration of Mr. Yuji

3

Uchigasaki in support of its motion. Based on the declaration of Mr. Uchigasaki, the Court finds

4

that the financial terms and the description of the license scope of the Toshiba/Samsung license

5

in Exhibit 3A of Trial Exhibit 630 are the type of highly sensitive business confidential

6

information that is not available to Toshiba’s competitors and that provide Toshiba with an

7

opportunity to obtain an advantage over competitors who do not know or use it. Accordingly,

8

the Court finds compelling reasons to seal Exhibit 3A of Trial Exhibit 630.

9

Exhibit 1 to the declaration of Mr. Uchigasaki contains the same information.

10

Accordingly, the Court also finds compelling reasons to seal Exhibit 1 to the declaration of

11

Mr. Uchigasaki.

12

IT IS HEREBY ORDERED THAT Toshiba’s motion to seal Exhibit 3A of Trial

13

Exhibit 630 is GRANTED. Only the redacted version of Exhibit 3A of Trial Exhibit 630 (as

14

shown in Exhibit 2 to the declaration of Mr. Uchigasaki) may be presented in open court.

15
16

IT IS FURTHER ORDERED THAT Toshiba’s motion to seal Exhibit 1 to the
declaration of Mr. Uchigasaki is GRANTED.

17
18

Dated:
The Honorable Lucy H. Koh
United States District Judge

19
20
21
22
23
24
25
26
27
28

2
[PROPOSED] ORDER GRANTING EMERGENCY ADMINISTRATIVE
MOTION TO FILE DOCUMENTS UNDER SEAL
CASE NO. 11-CV-01846-LHK

4839-3987-8160.1