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

Filing 1556

OPPOSITION to ( 1414 JOINT MOTION, 1493 Administrative Motion to File Under Seal , 1499 Administrative Motion to File Under Seal PRIOR MOTIONS AND EXHIBITS THERETO, 1489 Administrative Motion to File Under Seal (Revised), 1328 Administrative Motion to File Under Seal /Non-Party Nokia Corporation's Administrative Motion to File Under Seal, 1396 Administrative Motion to File Under Seal Third Party Confidential Information, 1390 Administrative Motion to File Under Seal Non-Party Microsoft Corporation's Motion to Seal Terms of Confidential License Agreement, 1376 EMERGENCY ADMINISTRATIVE MOTION for a Limited Sealing Order, 1340 Administrative Motion to Partially File Under Seal, 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), 1495 Administrative Motion to File Under Seal APPLE'S MOTION TO SEAL CONFIDENTIAL TRIAL EXHIBITS, 1506 First Administrative Motion to File Under Seal , 1488 MOTION to Seal Trial Exhibits , 1334 Emergency MOTION for an Order Closing the Courtroom and Sealing the Transcript During Discussion of InterDigital's Confidential Information, 1486 Administrative Motion to File Under Seal Portions of Proposed Trial Exhibit 630, 1490 Administrative Motion to File Under Seal Samsung's Renewed Motion to Seal Dkt. Nos. 927, 991, 1013, 1022, 1060, 1206, 1481 Administrative Motion to File Under Seal , 1498 Administrative Motion to File Under Seal Non-Party Siemens AG's Administrative Motion to Seal ) Third Party Reuters America LLC's Opposition to Motions to Seal Trial and Pretrial Evidence filed byReuters America LLC. (Attachments: # 1 Proposed Order [Proposed] Order Denying Motions to Seal Trial and Pretrial Evidence, # 2 Declaration Declaration of Julie P. Samuels, # 3 Declaration Declaration of Amy Stevens, # 4 Declaration Declaration of Patent Professors)(Olson, Karl) (Filed on 8/2/2012) Modified text on 8/6/2012 (dhm, COURT STAFF).

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KARL OLSON (SBN 104760)
[e-mail]
XINYING VALERIAN (SBN 254890)
[e-mail]
RAM, OLSON, CEREGHINO & KOPCZYNSKI LLP
555 Montgomery Street, Suite 820
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Third-Party REUTERS AMERICA LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE

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APPLE INC., a California corporation,

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

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CASE NO. 11-cv-01846-LHK
[PROPOSED] ORDER DENYING
MOTIONS TO SEAL TRIAL AND
PRETRIAL EVIDENCE
Date:
Time:
Place:
Judge:

No hearing set
N/A
Courtroom 1, 5th Floor
Hon. Lucy H. Koh

Defendants.

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The Court has reviewed various sealing motions and Reuters America LLC’s opposition

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thereto. Having read and considered the motions and opposition, the Court hereby DENIES the

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motions by Apple and/or Samsung (Document Numbers 1414, 1488, 1490, 1495, 1499) and the

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motions by various third parties regarding licensing agreements (Document Numbers 1328, 1334,

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1340, 1376, 1390, 1396, 1400, 1481, 1486, 1489, 1493, 1498, 1506) for the reasons outlined in

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Reuters= opposition. Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1182-83 (9th Cir.

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2006) [judge need not document compelling reasons to unseal; rather the proponent of sealing

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bears the burden and a failure to meet that burden means the default posture of public access

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///

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///

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///

Case No. 11-cv-01846-LHK – [PROPOSED] ORDER DENYING MOTIONS TO SEAL
TRIAL AND PRETRIAL EVIDENCE

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prevails; non-party=s reliance upon protective order is unreasonable and is not a compelling

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reason that rebuts the presumption of access].

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IT IS SO ORDERED.
Dated:
The Honorable Lucy H. Koh
Judge, United States District Court
Northern District of California

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N:\Docs\1273-02\OppMotsSeal4-PropOrd.doc

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Case No. 11-cv-01846-LHK – [PROPOSED] ORDER DENYING MOTIONS TO SEAL
TRIAL AND PRETRIAL EVIDENCE

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