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

Filing 2167

ORDER by Judge Lucy H. Koh denying 823 Motion to Remove Incorrectly Filed Document; denying 1403 Motion to Remove Incorrectly Filed Document; denying 1482 Motion to Remove Incorrectly Filed Document; granting 1508 Motion to Remove Incorrectly Filed Document (lhklc2, COURT STAFF) (Filed on 11/29/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
For the Northern District of California

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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
ORDER RE: INCORRECTLY FILED
DOCUMENTS

Before the Court are several motions to remove incorrectly filed documents. ECF Nos.

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823, 1403, 1482, and 1508. The Court will remove only those documents which are properly

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sealed and contain information that should properly remain confidential.

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ECF No. 823 is Apple’s motion to remove Exhibit I to the Declaration of Eric Olson, ECF

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No. 822-7. The Court denied Apple’s motion to seal this document on June 19, 2012. ECF No.

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1105. Accordingly, Apple’s motion to remove this document is DENIED.

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ECF No. 1403 is Apple’s motion to remove Exhibits 6 and 7 to the Declaration of Joby

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Martin in support of Samsung’s Daubert motion. The Court denied Apple’s motion to seal these

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documents on August 9, 2012. ECF No. 1649. Accordingly, Apple’s motion to remove these

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documents is DENIED.

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Case No.: 11-CV-01846-LHK
ORDER RE: INCORRECTLY FILED DOCUMENTS

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ECF No. 1482 is nonparty Toshiba’s motion to remove an Exhibit to Toshiba’s motion to

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file under seal. The exhibit, ECF No. 1378-3, is an excerpt from Trial Exhibit 630, which is a table

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summarizing license agreements. The excerpt Toshiba now wishes to take down has the “Licensed

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Products/Technology” and “Payments” columns redacted, but displays the “Term” column.

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Toshiba’s request to remove the document is based on the fact that it reveals the term. The Court

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denied Toshiba’s motion to seal the “Term” column on August 9, 2012. ECF No. 1649 at 25.

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Accordingly, Toshiba’s motion to remove this document is DENIED.

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ECF No. 1508 is nonparty Qualcomm’s motion to remove Attachment 2 to Qualcomm’s
Administrative Motion to Seal, ECF No. 1394, which is a letter from Samsung’s counsel to

United States District Court
For the Northern District of California

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Qualcomm containing confidential license information, including royalties. The Court specifically

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considered this document, including the fact that it had been made briefly available to the public, in

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its August 9 Order on sealing motions. ECF 1649 at 25-26. The Court ruled that sealing of the

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royalty payment information was warranted despite the brief public disclosure. Id. Accordingly,

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Qualcomm’s motion to remove this document is GRANTED.

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IT IS SO ORDERED.

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Dated: November 29, 2012

_________________________________
LUCY H. KOH
United States District Judge

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Case No.: 11-CV-01846-LHK
ORDER RE: INCORRECTLY FILED DOCUMENTS