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

Filing 1390

Administrative Motion to File Under Seal Non-Party Microsoft Corporation's Motion to Seal Terms of Confidential License Agreement filed by Microsoft Corporation. (Attachments: # 1 Proposed Order)(Durrance, Nathaniel) (Filed on 7/26/2012)

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Ramsey M. Al-Salam, WSBA Bar No. 18822
[e-mail]
Nathaniel E. Durrance, CA Bar No. 229210
[e-mail]
Perkins Coie LLP
1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Telephone: [phone]
Facsimile: 206.359.9000
Attorneys for Non-Party
MICROSOFT CORPORATION

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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,
v.

Case No. 11-CV-01846-LHK
NON-PARTY MICROSOFT
CORPORATION'S MOTION TO SEAL
CONFIDENTIAL LICENSE AND TERMS

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

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Defendants.
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Pursuant to Civil Local Rules 7-11 and 79-5 and this Court's Order Regarding Third Party
Motions to Seal, ECF 1288 dated July 23, 2012, Microsoft Corporation (“Microsoft”) moves the
Court to seal and otherwise protect from public disclosure the terms of the confidential license

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agreement ("Confidential Agreement") between Microsoft and Samsung Electronics Co. Ltd.
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("Samsung"). More specifically, Microsoft requests that the Confidential Agreement and its

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terms be treated as "HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY" under Section

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9 of the Protective Order (ECF 687).

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MICROSOFT CORPORATION'S MOTION
TO SEAL CONFIDENTIAL LICENSE
AND TERMS

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Confidential license agreements, such as the one that is the subject of this request, are

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considered trade secrets in the Ninth Circuit and qualify for protection from public disclosure

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under the "compelling reasons" test. Microsoft therefore requests that the Court seal and prevent

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from public disclosure the terms of the Confidential Agreement, including in Court documents,
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trial exhibits, and testimony. This request includes sealing of the license terms summary from the

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Microsoft/Samsung Confidential Agreement found in Trial Exhibit 630, Expert Report of David

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Teece, submitted by Samsung in this case.

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Samsung, the other party to the confidential license agreement at issue, does not oppose
this motion to seal.
This motion is based upon the Memorandum of Points and Authorities filed in support

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hereof and the Declaration of Tanya Moore. A proposed order is filed herewith.
DATED: July 26, 2012

/s/ Nathaniel E. Durrance
Ramsey M. Al-Salam, WSBA No. 18822
[e-mail]
Nathaniel E. Durrance, CA Bar No. 229210
[e-mail]
PERKINS COIE LLP
1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Tel: [phone]/Fax: [phone]

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Attorneys for Microsoft Corporation

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MICROSOFT CORPORATION'S MOTION
TO SEAL CONFIDENTIAL LICENSE
AND TERMS

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Certificate of Service

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I certify that on July 26, 2012, I caused the foregoing to be filed with the Clerk of the

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Court using the Court’s ECF system, which will send notification of the filing to the attorney(s)

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of record.

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Dated: July 26, 2012.

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/s/ Nathaniel E. Durrance
Nathaniel E. Durrance

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MICROSOFT CORPORATION'S MOTION
TO SEAL CONFIDENTIAL LICENSE
AND TERMS

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