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

Filing 211

Administrative Motion to File Under Seal filed by Apple Inc.. (Attachments: #1 Declaration, #2 Proposed Order)(Bartlett, Jason) (Filed on 9/9/2011)

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HAROLD J. MCELHINNY (CA SBN 66781)
[e-mail]
MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
RICHARD S.J. HUNG (CA SBN 197425)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff and
Counterclaim-Defendant APPLE INC.

WILLIAM F. LEE
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Telephone: [phone]
Facsimile: [phone]
MARK D. SELWYN (SBN 244180)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]

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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,

Case No.

11-cv-01846-LHK

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Plaintiff,
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v.
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APPLE’S STIPULATED
ADMINISTRATIVE MOTION TO
FILE DOCUMENTS UNDER
SEAL

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.,
Defendants.

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APPLE’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
CASE NO. 11-CV-01846-LHK
sf-3042268

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In accordance with Civil L.R. 79-5 and 7-11, and General Order No. 62, Apple Inc.
(“Apple”) moves this Court for an order to seal:
1. The confidential, unredacted version of Apple’s Opposition to Samsung’s Motion to

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Compel Regarding Request For Production No. 1 and Interrogatory Nos. 1, 3, and 6

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(“Opposition”);

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2. The Declaration of Christopher J. Stringer in Support of Apple Inc.’s Opposition to

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Samsung’s Motion to Compel Regarding Request for Production No. 1 and Interrogatory Nos. 1,

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3, and 6 (“Stringer Declaration”);

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3. The confidential, unredacted version of the Declaration of Jason Bartlett in Support of

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Apple Inc.’s Opposition to Samsung’s Motion to Compel Regarding Request for Production No.

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1 and Interrogatory Nos. 1, 3, and 6 (“Bartlett Declaration”);

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4. Exhibits A, B, C, D, E, H, I, and J to the Bartlett Declaration; and

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5. The Declaration of Patrick Zhang in Support of Apple Inc.’s Opposition to Samsung’s

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Motion to Compel Regarding Request for Production No. 1 and Interrogatory Nos. 1, 3, and 6

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(“Zhang Declaration”).

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Apple has established good cause to permit filing this information under seal through the

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Declaration of Erica Tierney in Support of Apple’s Administrative Motion to File Documents

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Under Seal (the “Sealing Declaration”), filed herewith.

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The Opposition and accompanying Stringer, Bartlett and Zhang Declarations contain

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information relating to Apple’s design trade secrets, confidential business practices and policies

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for preserving the secrecy and confidentiality of its product development. (Sealing Decl. at ¶ 2.)

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It is Apple’s policy and practice not to disclose such information because it is confidential to

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Apple. (Id.) This information is indicative of the way in which Apple manages its business

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affairs and conducts product development, and thus can be used by Apple’s competitors to its

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disadvantage. (Id.)

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In conclusion, Apple requests that the Court order that the confidential, unredacted
version of Apple’s Opposition to Samsung’s Motion to Compel Regarding Request For

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APPLE’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
CASE NO. 11-CV-01846-LHK
sf-3042268

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Production No. 1 and Interrogatory Nos. 1, 3, and 6 and the accompanying declarations and

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exhibits be filed under seal.

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Pursuant to General Order No. 62, the complete, unredacted versions of Apple’s

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Opposition, Supporting Declarations, and all Exhibits to the Supporting Declarations will be

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lodged with the Court for in camera review and served on all parties.

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Samsung does not oppose this motion.

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Dated: September 9, 2011

MORRISON & FOERSTER LLP

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By: /s/ Michael A. Jacobs
MICHAEL A. JACOBS

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Attorneys for Plaintiff
APPLE INC.

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ATTESTATION OF E-FILED SIGNATURE
I, JASON R. BARTLETT, am the ECF User whose ID and password are being used to
file this Declaration. In compliance with General Order 45, X.B., I hereby attest that Michael A.
Jacobs has concurred in this filing.
Dated: September 9, 2011

By:

/s/ Jason R. Bartlett
Jason R. Bartlett

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APPLE’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
CASE NO. 11-CV-01846-LHK
sf-3042268

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