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

Filing 1615

Joinder InterDigital's Joinder in Third Party Replies to Reuters' Supplemental Opposition to Third Party Motions to Seal by InterDigital Communications LLC, InterDigital Technology Corporation. (Cacovean, Corina) (Filed on 8/8/2012)

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MICHAEL B. LEVIN (SBN: 172329)
[e-mail]
DYLAN J. LIDDIARD (SBN: 203055)
[e-mail]
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
650 Page Mill Road
Palo Alto, CA 94304-1050
Telephone: [phone]
Facsimile: [phone]
Attorneys for Non-Parties
INTERDIGITAL TECHNOLOGY
CORPORATION and
INTERDIGITAL COMMUNICATIONS 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
INTERDIGITAL’S JOINDER IN
THIRD PARTY REPLIES TO
REUTERS’ SUPPLEMENTAL
OPPOSITION TO THIRD PARTY
MOTIONS TO SEAL

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-1INTERDIGITAL’S JOINDER IN THIRD PARTY REPLIES

Case No. 11-CV-01846-LHK

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Non-parties InterDigital Technology Corporation and InterDigital Communications, LLC

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(collectively, “InterDigital”) join in the replies filed by Motorola (Dkt. No. 1594) and Nokia

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(Dkt. No. 1609) in connection with Reuters America LLC’s Opposition to Motions to Seal Trial

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and Pretrial Evidence (Dkt. No. 1556).

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Specifically, InterDigital respectfully submits that, as already noted in Motorola’s and

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Nokia’s replies, Reuters’ opposition is misplaced because: (1) it is contrary to the law of the

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Ninth Circuit and the overwhelming majority of courts; (2) it improperly lumps together

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arguments against Samsung’s, Apple’s and all the third parties’ motions to seal in a single

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opposition that fails to address on an individualized basis whether each of the third parties’

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requests to seal meets the compelling reasons standard; (3) it illogically argues that the

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inadvertent disclosure of IBM’s and Qualcomm’s agreements with Samsung and a court-ordered

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“exacting and even-handed” disclosure of confidential terms of the third parties’ licenses (the

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practical possibility of which is highly questionable) somehow moots the third parties’

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competitive harm concerns; and (4) it relies on declarants that do not purport to know or address

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facts particular to of each of the third parties that were thrust into this litigation (Dkt. No. 1556-

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4). If anything, the Reuters declarants confirm that licensing terms are trade secrets when they

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state that they “recognize and respect the value of confidentiality with respect to licensing data.”

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Id. ¶ 7.

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In addition, InterDigital emphasizes that its motion to seal and its proposed redactions of

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licensing terms are narrowly tailored to protect only competitively sensitive business

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information. Because Reuters failed to refute nonparty InterDigital’s showing of compelling

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reasons for sealing its confidential licensing terms, InterDigital respectfully requests that the

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Court grant InterDigital’s motion to seal.

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Dated: August 8, 2012

Respectfully submitted,
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
-2INTERDIGITAL’S JOINDER IN THIRD PARTY REPLIES
CASE NO. 11-CV-01846-LHK

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By: /s/ Michael B. Levin
Michael B. Levin
Attorneys for Non-Parties
INTERDIGITAL TECHNOLOGY
CORPORATION and
INTERDIGITAL COMMUNICATIONS, LLC

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-3INTERDIGITAL’S JOINDER IN THIRD PARTY REPLIES
CASE NO. 11-CV-01846-LHK

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ATTESTATION OF E-FILED SIGNATURE

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I, Corina I. Cacovean, am the ECF User whose ID and password are being used to file

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this Motion. In compliance with General Order 45, X.B., I hereby attest that Michael B. Levin

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has concurred in this filing.

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Dated: August 8, 2012

WILSON SONSINI GOODRICH & ROSATI
Professional Corporation

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/s/ Corina I. Cacovean
Corina I. Cacovean

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Attorneys for Non-Parties
INTERDIGITAL TECHNOLOGY
CORPORATION and
INTERDIGITAL COMMUNICATIONS, LLC

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-4INTERDIGITAL’S JOINDER IN THIRD PARTY REPLIES
CASE NO. 11-CV-01846-LHK