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

Filing 1394

*** FILED IN ERROR WITH CONFIDENTIAL INFORMATION. DOCUMENT LOCKED. *** Administrative Motion to File Under Seal filed by Qualcomm Incorporated. (Attachments: # 1 Declaration of Eric Reifschneider, # 2 Exhibit 1 to the declaration of Eric Reifschneider, # 3 Proposed Order, # 4 Certificate/Proof of Service)(Kays, David) (Filed on 7/26/2012) Modified on 7/30/2012 (fff, COURT STAFF).

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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,

Case No. 11-cv-01846-LHK

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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,

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Defendants.

[PROPOSED] ORDER GRANTING
NON-PARTY QUALCOMM
INCORPORATED’S
ADMINISTRATIVE MOTION TO
SEAL CONFIDENTIAL
INFORMATION PURSUANT TO
CIVIL L. R. 7-11 & 79-5

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Non-Party Qualcomm Incorporated (“Qualcomm”) filed an Administrative

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Motion to Seal Qualcomm’s Confidential Information Pursuant to Civil L. R. 7-11 and 79-5 on

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July 26, 2012. Pursuant to Civil L. R. 79-5, Qualcomm moved to seal the Samsung Agreements

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(as defined in Qualcomm’s Motion) and any portions of documents or testimony disclosing any

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terms of the Samsung Agreements entered into evidence in the above-captioned proceedings

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because the terms of those Agreements are trade secrets, the disclosure of which would adversely

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impact Qualcomm. Also pursuant to Civil L. R. 79-5, for the purpose of establishing that the

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documents are sealable, Qualcomm filed the Declaration of Eric Reifschneider in Support of

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Non-Party Qualcomm’s Incorporated’s Administrative Motion to Seal Confidential Information

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(the “Reifschneider Declaration”). The Reifschneider Declaration articulates sufficient factual

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bases that the terms of the Samsung Agreements are confidential trade secrets “privileged or

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protectable as a trade secret or otherwise entitled to protection under the law” and thus sealable.

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Civil L. R. 79-5(a).

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Accordingly, IT IS HEREBY ORDERED that any portions of documents or

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testimony disclosing any term of the Samsung Agreements entered into evidence in these

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proceedings shall be sealed.

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IT IS SO ORDERED.

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Dated: _____________________________

_____________________________

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Hon. Lucy H. Koh

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United States District Judge

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