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

Filing 194

Declaration of Cyndi Wheeler in Support of #175 Administrative Motion to File Under Seal SAMSUNG'S OPPOSITION TO APPLE'S MOTION FOR PRELIMINARY INJUNCTION filed byApple Inc.. (Attachments: #1 Proposed Order)(Related document(s) #175 ) (Bartlett, Jason) (Filed on 8/30/2011)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

SAN JOSE DIVISION

11

APPLE INC., a California corporation,

12
13
14
15
16
17
18

Plaintiff,
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,
Defendants.

Case No. 11-cv-01846-LHK
[PROPOSED] ORDER SEALING
SAMSUNG’S SUPPORTING
MATERIALS AND UNREDACTED
OPPOSITION TO APPLE’S MOTION
FOR A PRELIMINARY
INJUNCTION
Date:
Time:
Place:
Judge:

Hon. Lucy H. Koh

19
20
21
22
23
24
25
26
27
28
[PROPOSED] ORDER SEALING SAMSUNG’S SUPPORTING MATERIALS AND UNREDACTED
OPPOSITION TO APPLE’S MOTION FOR A PRELIMINARY INJUNCTION
CASE NO. 11-CV-01846-LHK
sf-3040218

1

Defendants Samsung Electronics Co. Ltd., Samsung Electronics America, Inc., and

2

Samsung Telecommunications America, LLC (collectively, “Samsung”) filed Samsung’s

3

Stipulated Administrative Motion to File Under Seal Pursuant to Civil Local Rules 7-11 and 79-5

4

on August 22, 2011 in support of Samsung’s Opposition to Apple’s Motion for a Preliminary

5

Injunction. (D.N. 175.) Pursuant to Civil L.R. 79-5(d), Samsung moved to seal certain documents

6

designated as “CONFIDENTIAL” and “HIGHLY CONFIDENTIAL ATTORNEYS’ EYES

7

ONLY” by plaintiff Apple Inc. (“Apple”) under the interim protective order for the Northern

8

District of California. Also pursuant to Civil L.R. 79-5(d), for the purpose of establishing that the

9

designated information is sealable, Apple filed the Declaration of Cyndi Wheeler in Support of

10

Sealing Samsung’s Supporting Materials and Unredacted Opposition to Apple’s Motion for a

11

Preliminary Injunction (“Wheeler Declaration”). The Wheeler Declaration provides sufficient

12

evidence that the documents and information designated as confidential by Apple, and filed under

13

seal by Samsung, are “privileged or protectable as a trade secret or otherwise entitled to

14

protection under the law,” and thus sealable. Civil L.R. 79-5(a).

15
16
17
18

Accordingly, IT IS HEREBY ORDERED that the following documents shall be filed
under seal:
•

Exhibits M, N, O, LL, P, FF, HH, MM, NN, OO, and QQ to the Declaration of Sara

19
Jenkins in Support of Samsung’s Opposition to Apple’s Motion for a Preliminary
20
Injunction (D.N. 179);

21
22

•

The Declaration of Michael Wagner in Support of Samsung’s Opposition to Apple’s
Motion for a Preliminary Injunction (“Wagner Declaration”) (D.N. 173);

23
24

•

Exhibit B to the Wagner Declaration; and

25

•

The confidential, unredacted version of Samsung’s Opposition to Apple’s Motion for a

26
Preliminary Injunction, which includes information from the documents discussed above.
27
28
[PROPOSED] ORDER SEALING SAMSUNG’S UNREDACTED OPPOSITION TO APPLE’S
MOTION FOR A PRELIMINARY INJUNCTION AND SUPPORTING MATERIALS
CASE NO. 11-CV-01846-LHK
sf-3040218

1

1

IT IS SO ORDERED.

2
Dated: _______________________
3
4

______________________________
Hon. Lucy H. Koh
United States District Judge

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
[PROPOSED] ORDER SEALING SAMSUNG’S UNREDACTED OPPOSITION TO APPLE’S
MOTION FOR A PRELIMINARY INJUNCTION AND SUPPORTING MATERIALS
CASE NO. 11-CV-01846-LHK
sf-3040218

2