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

Filing 1424

Proposed Order re 1414 JOINT MOTION regarding Sealing of Trial Exhibits by Apple Inc.. (Jacobs, Michael) (Filed on 7/27/2012) Modified text on 7/30/2012 (dhm, 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,
Plaintiff,

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v.

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[PROPOSED] ORDER GRANTING
JOINT MOTION REGARDING
SEALING OF TRIAL EXHIBITS

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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Case No. 11-cv-01846-LHK (PSG)

Defendants.

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02198.51855/4878038.1 PROPOSED ORDER GRANTING JOINT MOTION RE
CASE NO. 11-CV-01846-LHK (PSG)
sf-3175792

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Having considered the arguments and the papers submitted, the court ORDERS as
follows:
(1) The Parties shall use the following protocol to prepare and present to the Court any
requests for sealing trial exhibits anticipated to be received in evidence, or portions thereof:


In accordance with the Court’s previous orders, the parties shall disclose the names

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of witnesses to be examined and the exhibits and demonstratives to be used on

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direct examination no later than 7 p.m. two days before the witnesses are expected

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to testify. No later than 8 a.m. the following morning, the parties shall jointly

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lodge highlighted copies of exhibits and demonstratives showing the portions of

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the exhibits, if any, for which sealing treatment is requested.

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

In accordance with the Court’s previous orders, the parties shall disclose the

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exhibits and demonstratives to be used on cross examination no later than 2 p.m.,

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one day before the witnesses are expected to testify. No later than 5 p.m. the

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same day, the parties shall jointly lodge highlighted copies of exhibits and

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demonstratives showing the portions of the exhibits, if any, for which sealing

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treatment is requested.

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(2) The Parties shall narrowly tailor their sealing requests to the following categories of
documents:


Highly sensitive financial information pertaining to costs, profit margins, revenues
and unit sales on a product-line or model basis;

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

Manufacturing capacity information;

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

Specific terms of licenses, settlements and acquisitions; and

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

Specific portions of source code that are highly sensitive.

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(3) In addition to the above, receipt in evidence of other highly sensitive information may

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be limited to those exhibit portions that are actually published to the jury during trial. Such

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highly sensitive information may include:

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

Other detailed technical documentation; or



Sensitive internal market research reports.

02198.51855/4878038.1 PROPOSED ORDER GRANTING JOINT MOTION RE
CASE NO. 11-CV-01846-LHK (PSG)
sf-3175792

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The parties shall meet and confer promptly at the end of each trial day to identify the portions of

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such documents that were published to the jury.
The categories listed above are not dispositive. The Court may evaluate all sealing

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requests on a document-by-document basis.
IT IS SO ORDERED.

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Dated: ____

_, 2012

By:
Honorable Lucy H. Koh
United States District Judge

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PROPOSED ORDER GRANTING APPLE’S MOTION TO FILE UNDER SEAL
L
02198.51855/4878038.1

sf-3175792

CASE NO. 11-CV-01846-LHK

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