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

Filing 175

Administrative Motion to File Under Seal SAMSUNG'S OPPOSITION TO APPLE'S MOTION FOR PRELIMINARY INJUNCTION filed by Samsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Attachments: #1 STIPULATED ADMINISTRATIVE MOTION TO FILE UNDER SEAL PURSUANT TO CIVIL LOCAL RULES 7-11 AND 79-5 *** FOR CORRECT ATTACHMENT REFER TO DOCUMENT #186 . *** #2 Proposed Order)(Maroulis, Victoria) (Filed on 8/22/2011) Modified on 8/25/2011 (feriab, COURT STAFF). Modified on 10/18/2011 (cv, COURT STAFF).

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Bar No. 170151)
 [e-mail]
50 California Street, 22nd Floor
 San Francisco, California 94111
Telephone: [phone]
 Facsimile: [phone]
 Kevin P.B. Johnson (Bar No. 177129)
[e-mail]
 Victoria F. Maroulis (Bar No. 202603)
[e-mail]
555 Twin Dolphin Drive, 5th Floor

Redwood Shores, California 94065-2139
[phone]
 Telephone:
Facsimile:
[phone]

Michael T. Zeller (Bar No. 196417)
 [e-mail]
865 S. Figueroa St., 10th Floor
 Los Angeles, California 90017
Telephone: [phone]
 Facsimile: [phone]
 Attorneys for SAMSUNG ELECTRONICS CO.,
LTD., SAMSUNG ELECTRONICS AMERICA,
 INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC



UNITED STATES DISTRICT COURT



NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION


 APPLE INC., a California corporation,

CASE NO. 11-cv-01846-LHK



SAMSUNG’S STIPULATED
ADMINISTRATIVE MOTION TO FILE
UNDER SEAL PURSUANT TO CIVIL
LOCAL RULES 7-11 AND 79-5



Plaintiff,
vs.

 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,

Defendant.


Date: October 13, 2011
Time: 1:30 pm
Place: Courtroom 8, 4th Floor
Judge: Hon. Lucy H. Koh



Case No. 11-cv-01846-LHK
SAMSUNG’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL

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Pursuant to Civil L.R. 79-5 and 7-11, and General Order No. 62, Defendants Samsung

2 Electronics Co. Ltd. (“SEC”), Samsung Electronics America, Inc. (“SEA”) and Samsung
3 Telecommunications America, LLC (“STA”) (collectively, “Samsung”) hereby bring this
4 administrative motion for a sealing order to seal:
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1) Exhibits M, N, O, LL, P, FF, HH, MM, NN, and OO to the Declaration of Sara Jenkins

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in Support of Samsung’s Opposition to Apple’s Motion for a Preliminary Injunction

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(“Jenkins Declaration”);

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2) The Declaration of Michael Wagner in Support of Samsung’s Opposition to Apple’s
Motion for a Preliminary Injunction and Exhibits B, D, and E;
3) Paragraph 58 and Exhibit 3 of the Declaration of Jeffrey Johnson in Support of
Samsung’s Opposition to Apple’s Motion for a Preliminary Injunction;
4) The confidential, unredacted version of Samsung’s Opposition to Apple’s Motion for a

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Preliminary Injunction which includes information contained in the documents or

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sections referenced in paragraphs (1)-(3) above.

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Plaintiff Apple Inc. (“Apple”) has designated the deposition excerpts and deposition

16 exhibits in Exhibits M, N, O, LL, P, FF, HH, MM, NN, and OO to the Jenkins Declaration as
17 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL ATTORNEYS’ EYES ONLY” pursuant to
18 the interim protective order for the Northern District of California. Apple also has e-filed the
19 Declaration of Richard J. Lutton under seal. Dkt. No. 128.
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Portions of Samsung’s Opposition to Apple’s Motion for a Preliminary Injunction include

21 discussion of the transcript excerpts and exhibits from the depositions that Apple has designated
22 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL ATTORNEYS’ EYES ONLY” or from the
23 Declaration of Richard Lutton. Samsung accordingly files these documents under seal, and
24 expects that Apple will comply with Local Rule 79-5(d) by filing an appropriate declaration with
25 the Court within seven days for those sections and documents that reference Apple-designated
26 information. Pursuant to General Order No. 62, copies of Exhibits M, N, O, LL, P, FF, HH, MM,
27 NN, and OO to the Jenkins Declaration have been lodged with the Court for in camera review,
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Case No. 11-cv-01846-LHK
-2SAMSUNG’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL

1 served on all parties, and will be e-filed with the Court pending the Court’s granting of this
2 Motion to Seal.
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Moreover, the Declaration of Michael Wagner discusses information that Apple has

4 designated “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL ATTORNEYS’ EYES ONLY.”
5 In addition, paragraph 58 and Exhibit 3 of the Declaration of Jeffrey Johnson include highly
6 confidential information relating to Samsung’s trade secrets and/or source code. Portions of
7 Samsung’s Opposition to Apple’s Motion for a Preliminary Injunction discuss the information
8 from these declarations. Pursuant to General Order No. 62, copies of these Declarations and the
9 confidential, unredacted version of Samsung’s Opposition to Apple’s Motion for a Preliminary
10 Injunction have been lodged with the Court for in camera review, served on all parties, and will be
11 e-filed with the Court pending the Court’s granting of this Motion to Seal.
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This request is narrowly tailored to seal only the material for which good cause to seal has

13 been established. Accordingly, Samsung respectfully requests that the Court order that the
14 confidential, unredacted version of Samsung’s Opposition to Apple’s Motion for a Preliminary
15 Injunction; Exhibits M, N, O, LL, P, FF, HH, MM, NN, and OO to the Declaration of Sara Jenkins
16 in Support of Samsung’s Opposition to Apple’s Motion for a Preliminary Injunction; the
17 Declaration of Michael Wagner; and Paragraph 58 and Exhibit 3 of the Declaration of Jeffrey
18 Johnson be filed under seal.
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Case No. 11-cv-01846-LHK
-3SAMSUNG’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL

1 DATED: August 22, 2011

Respectfully submitted,

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QUINN EMANUEL URQUHART &
SULLIVAN, LLP

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By

/s/ Victoria Maroulis
Charles K. Verhoeven
Kevin P.B. Johnson
Victoria F. Maroulis
Michael T. Zeller
Attorneys for SAMSUNG ELECTRONICS CO.,
LTD., SAMSUNG ELECTRONICS AMERICA,
INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC

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Case No. 11-cv-01846-LHK
-4SAMSUNG’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL