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

Filing 1506

First Administrative Motion to File Under Seal filed by Telefonaktiebolaget LM Ericsson. (Attachments: # 1 Declaration, # 2 Proposed Order)(Reichman, Courtland) (Filed on 7/30/2012)

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MCKOOL SMITH HENNIGAN, P.C.
Courtland L. Reichman (SBN 268873)
[e-mail]
303 Twin Dolphin Drive, 6th Floor
Redwood Shores, CA 94065
Tel: [phone]
Fax: [phone]
Attorneys for Non-Party
Telefonaktiebolaget
LM Ericsson

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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,

McKool Smith Hennigan P.C.
303 Twin Dolphin Drive, Suite 600
Redwood Shores, California 94065

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

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Case No. 11-CV-01846-LHK

[PROPOSED] ORDER SEALING AND
PROTECTING FROM PUBLIC
DISCLOSURE CONFIDENTIAL
INFORMATION OF NON-PARTY
TELEFONAKTIEBOLAGET LM ERICSSON
CONTAINED IN TRIAL EXHIBITS 77, 630,
AND 631

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Non-Party Telefonaktiebolaget LM Ericsson (“Ericsson”) has moved the Court to seal

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certain portions of Trial Exhibits 77, 630, and 631, which contain confidential and sensitive Ericsson

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business and licensing information. The Court has considered Ericsson’s motion and supporting

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declaration and the other papers in this cause and finds that Ericsson has established compelling

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reasons to seal and redact the information requested. Accordingly, the Court hereby enters the

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following Orders:

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1.

Trial Exhibit 77 references a license between Samsung and Ericsson that became

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effective in January 2006 (the “2006 License”). The Court Orders that those portions of Trial

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Exhibit 77 that reflect the term of, the monetary consideration for, and the patent rights covered by

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the 2006 License be sealed and not be shown, nor discussed or testified about, in open court.
2.

Exhibit 3A, entitled “Summary of Samsung License Agreements,” of Exhibit 630

McKool Smith Hennigan P.C.
303 Twin Dolphin Drive, Suite 600
Redwood Shores, California 94065

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references two patent licenses: a license agreement between Samsung and Ericsson that became

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effective in December 2001 (the “2001 License”) and the 2006 License. The Court Orders that

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those portions of Exhibit 3A of Trial Exhibit 630 that reflect the terms of, the products and

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technology covered by, the geographic scope of, and the payments under, either the 2001 License or

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the 2006 License be sealed and not be shown, nor discussed or testified about, in open court.

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3.

Exhibit 3B, entitled “Summary of Apple UMTS License Agreements,” of Trial

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Exhibit 630 references two licenses between Apple and Ericsson, one that became effective in June

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2003 (the :2003 License”) and one that became effective in January 2008 (the “2008 License”). The

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Court Orders that those portions of Exhibit 3B of Trial Exhibit 630 that reflect the terms of, the

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products and technology covered by, the geographic scope of, and the payments under, either the

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2003 License or the 2008 License be sealed and not be shown, nor discussed or testified about, in

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open court.

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4.

The Court Orders that those portions of Exhibit 4A, entitled “Initial Royalty Rates -

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Motorola and Ericsson,” of Trial Exhibit 631 that reflect Ericsson’s initial GSM, CDMA, and

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WCDMA royalty rates be sealed and not be shown, nor discussed or testified about, in open court.

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Case No. 11-CV-01846-LHK

[PROPOSED] ORDER SEALING AND PROTECTING FROM PUBLIC DISCLOSURE
CONFIDENTIAL INFORMATION OF NON-PARTY TELEFONAKTIEBOLAGET LM ERICSSON
CONTAINED IN TRIAL EXHIBIT NOS. 77, 630, AND 631
McKool 491927v1

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5.

The Court Orders that those portions of Exhibit 4B, entitled “Estimating Samsung

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Balance Royalty Rates,” of Trial Exhibit 631 that reflect the net royalty, total revenues, gross

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royalties, partner rates, and Samsung rates with respect to the 2006 License be sealed and not be

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shown, nor discussed or testified about, in open court.

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6.

The Court Orders that only those versions of Trial Exhibits 77, 630, and 631 that are

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redacted so as not to disclose the information sealed in paragraphs one (1) through five (5) of this

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Order are to be used in open court and provided to the public.

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7.

The Court Orders that during any discussion or testimony regarding the sealed

portions of Trial Exhibits 77, 630, and 631, the Court will be closed to the public and anyone else
without the right to receive “Highly Confidential - Attorneys Eyes Only” materials in this case.
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The Court Orders that those portions of the trial transcript that contain any

McKool Smith Hennigan P.C.
303 Twin Dolphin Drive, Suite 600
Redwood Shores, California 94065

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discussions or testimony concerning the sealed portions of Trial Exhibits 77, 630, and 631 be sealed.

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IT IS SO ORDERED.

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Dated: July

, 2012

______________________________
LUCY H. KOH
United States District Judge

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Case No. 06-CV-07336-PJH

[PROPOSED] ORDER SEALING AND PROTECTING FROM PUBLIC DISCLOSURE
CONFIDENTIAL INFORMATION OF NON-PARTY TELEFONAKTIEBOLAGET LM
ERICSSON CONTAINED IN TRIAL EXHIBIT NOS. 77, 630, AND 631
McKool 491927v1