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

Filing 1564

MOTION Regarding Sealing Issues Related to August 3 Wintess Examinations by Apple Inc. (Attachments: # 1 Appendix A, # 2 Proposed Order)(Jacobs, Michael) (Filed on 8/2/2012) Modified on 8/6/2012 counsel failed to post document as a motion (dhm, COURT STAFF).

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1 2 3 4 5 6 7 8 9 10 HAROLD J. MCELHINNY (CA SBN 66781) MICHAEL A. JACOBS (CA SBN 111664) RACHEL KREVANS (CA SBN 116421) JENNIFER LEE TAYLOR (CA SBN 161368) ALISON M. TUCHER (CA SBN 171363) RICHARD S.J. HUNG (CA SBN 197425) JASON R. BARTLETT (CA SBN 214530) MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: (415) 268-7000 Facsimile: (415) 268-7522 WILLIAM F. LEE WILMER CUTLER PICKERING HALE AND DORR LLP 60 State Street Boston, MA 02109 Telephone: (617) 526-6000 Facsimile: (617) 526-5000 MARK D. SELWYN (SBN 244180) WILMER CUTLER PICKERING HALE AND DORR LLP 950 Page Mill Road Palo Alto, California 94304 Telephone: (650) 858-6000 Facsimile: (650) 858-6100 11 12 Attorneys for Plaintiff and Counterclaim-Defendant APPLE INC. 13 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 SAN JOSE DIVISION 17 APPLE INC., a California corporation, Plaintiff, 18 19 20 21 22 23 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, Case No. 11-cv-01846-LHK (PSG) APPLE’S MOTION REGARDING SEALING ISSUES RELATED TO AUGUST 3 WITNESS EXAMINATIONS Defendants. 24 25 26 27 28 APPLE’S MOTION REGARDING SEALING ISSUES RELATED TO AUGUST 3 WITNESS EXAMINATIONS CASE NO. 11-CV-01846-LHK (PSG) 1 Apple has two motions to seal pending before the Court: (1) a Motion to Seal Prior 2 Motions and Exhibits Thereto (Dkt. No. 1499) and (2) a Motion to Seal Confidential Trial 3 Exhibits (Dkt. No. 1495). These motions provide a particularized, document-by-document 4 showing of good cause and compelling reasons for sealing of Apple’s most competitively 5 sensitive information. Along with these motions, Apple submitted declarations from several of its 6 executives attesting to the value of this information, the efforts Apple has undertaken to maintain 7 its secrecy, and the harm that Apple would suffer if it were publicly disclosed. 8 9 Tomorrow, August 3, Samsung intends to use four documents that are subject to Apple’s Motion to Seal Confidential Trial Exhibits – PX102, PX103, DX617, and DX767 – during its 10 cross-examination of Philip Schiller, Apple’s Senior Vice President of Worldwide Marketing.1 In 11 addition, Samsung untimely disclosed (at 9:23 p.m. on August 2) four more Schiller cross- 12 examination exhibits (DX534 and DX774-76) which are similarly subject to Apple’s pending 13 motion. Apple objected to this late amendment to Samsung’s list. 14 Without further action, these highly confidential exhibits will be publicly disclosed, 15 causing severe harm to Apple. Apple has sought to avoid that harm without further burdening the 16 Court and has been diligently negotiating a stipulation with Samsung regarding use of the parties’ 17 confidential documents, including PX102, PX103, DX617, and DX767. Apple submitted a 18 detailed proposal to Samsung on July 26. Since that time, the parties have met and conferred 19 (including meetings in person) and have exchanged several drafts. 20 One part of Apple’s proposal has been that, for certain sensitive exhibits, only the portions 21 shown to the jury during examinations of witnesses would come into evidence. To illustrate this 22 proposal, Apple sent Samsung excerpted versions of DX617 and DX767 containing only pages 23 discussed in DX701, a Samsung summary exhibit pursuant to Federal Rule of Evidence 1006. By 24 placing into the record only the few relevant pages of what are now exhibits containing hundreds 25 of pages, Apple’s proposal would lessen the burdens on the jury and the Court and would balance 26 27 1 Appendix A to this Notice is a chart describing PX102, PX103, DX617, and DX767 and identifying the portions of Apple’s motions to seal that relate to these four exhibits. 28 APPLE’S MOTION REGARDING SEALING ISSUES RELATED TO AUGUST 3 WITNESS EXAMINATIONS CASE NO. 11-CV-01846-LHK (PSG) 1 1 the public interest in access to court records and Apple’s interest in maintaining secrecy of its 2 valuable trade secrets. The parties have been unable to reach agreement, however. 3 Apple therefore requests that the Court issue an order accepting Apple’s proposed 4 redactions of PX102 and PX103, which it lodged with the Court Tuesday morning, July 31, and 5 directing Samsung to enter into evidence only those portions of DX617 and DX767 that it 6 reasonably intends to use during its cross-examination of Mr. Schiller.2 7 In the event that the Court denies either or both of Apple’s motions to seal, Apple asks 8 that the Court stay any order requiring public filing of Apple’s confidential exhibits for five days 9 so that Apple may seek relief. 10 Dated: August 2, 2012 MORRISON & FOERSTER LLP 11 12 By: /s/ Michael A. Jacobs Michael A. Jacobs 13 Attorneys for APPLE INC. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2 If the Court allows Samsung’s untimely supplementation of its examination list to include DX534 and DX774-76, Apple requests that only excerpted portions of those documents be entered into evidence as well. 28 APPLE’S MOTION REGARDING SEALING ISSUES RELATED TO AUGUST 3 WITNESS EXAMINATIONS CASE NO. 11-CV-01846-LHK (PSG) 2

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