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

Filing 1400

Administrative Motion to File Under Seal (Emergency Motion by Non-Party Motorola Mobility LLC to Seal Exhibits, Close Courtroom and Seal Portions of Transcript) filed by Motorola Mobility LLC. (Attachments: # 1 Declaration Thomas V. Miller, # 2 Declaration Jennifer A. Golinveaux, # 3 Proposed Order)(Golinveaux, Jennifer) (Filed on 7/26/2012)

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DAVID S. BLOCH (SBN: 184530)
[e-mail]
JENNIFER A. GOLINVEAUX (SBN: 203056)
[e-mail]
MARCUS T. HALL (SBN: 206495)
[e-mail]
WINSTON & STRAWN LLP
101 California Street
San Francisco, CA 94111-5894
Telephone:
[phone]
Facsimile:
[phone]
PETER J. CHASSMAN (pro hac vice application forthcoming)
[e-mail]
WINSTON & STRAWN LLP
1111 Louisiana, 25th Floor
Houston, TX 77002-5242
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Non-Party,
MOTOROLA MOBILITY 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
EMERGENCY MOTION BY
NONPARTY MOTOROLA
MOBILITY LLC TO SEAL
EXHIBITS, CLOSE COURTROOM,
AND SEAL PORTIONS OF
TRANSCRIPT

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[PROPOSED] ORDER GRANTING EMERGENCY MOT’N BY NONPARTY MOTOROLA TO SEAL
Case No. 11-CV-01846-LHK

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Non-Party Motorola Mobility LLC filed an emergency administrative motion for an order

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to seal portions of proposed Trial Exhibits 77, 82, 630, and 631, as well as to close the courtroom

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during discussion of such portions of those exhibits, and to seal any corresponding portions of

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the transcript (“Motorola’s Motion to Seal”). The Court has considered the papers and evidence

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presented in connection with Motorola’s Motion to Seal and determined that compelling reasons

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exist for sealing this material.

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Motorola’s Motion to Seal is GRANTED.

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The following materials shall be filed under seal:

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(a) those portions of the Trial Exhibit 77 that disclose terms of a license

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agreement between Samsung and Motorola, Inc. – specifically, within the row discussing

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the Samsung license with Motorola (Bates No. S-794-ITC-005216440-5216462) the

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columns indicating the monetary consideration, what rights are included, and whether the

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license is a cross license;

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(b) pages 13-15, 17, and 19 (Bates S-794-ITC-005280731 to S-794-ITC005280733, S-794-ITC-005280735, and S-794-ITC-005280737) of Trial Exhibit 82;
(c) those portions of the Trial Exhibit 630 that disclose terms of license

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agreements between Samsung and Motorola, Inc.(Bates Nos. S-794-ITC-005280285 to S-

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794-ITC-005280348; S-794-ITC-005280871 to S-794-ITC-005280874; and S-794-ITC-

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005216440 to S-794-ITC-0085216462) – specifically, within the three rows that came

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from Exhibit 3A to the report of David Teece concerning licenses between Motorola and

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Samsung, the columns concerning licensed products/technology and payments; and

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(d) those portions of Trial Exhibit 631 that disclose royalty rates, amounts paid or

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received by Motorola, or other license information – specifically the row from Teece

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Exhibit 4A indicating Motorola rates and the row from Exhibit 4B indicating revenues,

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royalties and rates as between Motorola and Samsung;

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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 any of the information identified in items (a)-(d) above.

Any portions of the

[PROPOSED] ORDER GRANTING EMERGENCY MOT’N BY NONPARTY MOTOROLA TO SEAL
Case No. 11-CV-01846-LHK

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transcripts of any proceedings during which the information identified in items (a)-(d), above, is

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discussed, and any exhibits entered at trial that comprise or discuss such information shall be

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sealed.

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IT IS SO ORDERED.
Dated: _____________________

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LUCY H. KOH
United States District Judge

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[PROPOSED] ORDER GRANTING EMERGENCY MOT’N BY NONPARTY MOTOROLA TO SEAL
Case No. 11-CV-01846-LHK