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

Filing 2215

ORDER by Judge Lucy H. Koh granting 2213 Administrative Motion to File Under Seal (lhklc2, COURT STAFF) (Filed on 1/7/2013)

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1 2 3 4 5 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION APPLE, INC., a California corporation, ) ) Plaintiff, ) v. ) ) SAMSUNG ELECTRONICS CO., LTD., A ) Korean corporation; SAMSUNG ) ELECTRONICS AMERICA, INC., a New York ) corporation; SAMSUNG ) TELECOMMUNICATIONS AMERICA, LLC, ) a Delaware limited liability company, ) ) Defendants. ) ) Case No.: 11-CV-01846-LHK ORDER GRANTING MOTION TO FILE DOCUMENTS UNDER SEAL Before the Court is Samsung’s renewed motion to file under seal. ECF No. 2213. In this 19 motion, Samsung seeks to seal limited portions of Exhibit 1 to the Declaration of Deok Keun 20 Matthew Ahn in support of Apple’s opposition to Samsung’s administrative motion for leave to file 21 the supplemental declaration of Stephen Gray. Apple previously moved to file this document 22 under seal pursuant to Civil Local Rule 79-5, but Samsung failed to file a supporting declaration, 23 and this Court subsequently denied Apple’s motion to seal. ECF No. 2210. Samsung now moves 24 to seal Exhibit 1, and has filed the Declaration of Hankil Kang in support of its motion. 25 Exhibit 1 consists of excerpts from the deposition of Karansher Singh. The limited portions 26 Samsung seeks to seal contain detailed description of the operation of Samsung’s confidential 27 source code. As this Court has consistently ruled, confidential source code constitutes trade 28 secrets, and thus satisfies even the high “compelling reasons” standard applied by the Ninth Circuit 1 Case No.: 11-CV-01846-LHK ORDER GRANTING MOTION TO FILE DOCUMENTS UNDER SEAL 1 for sealing documents submitted in support of dispositive motions. Accordingly, Samsung’s 2 motion to seal portions of Exhibit 1 to the Declaration of Deok Keun Matthew Ahn in support of 3 apple’s opposition to Samsung’s administrative motion for leave to file the supplemental 4 declaration of Stephen Gray is GRANTED. 5 IT IS SO ORDERED. 6 Dated: January 7, 2013 _________________________________ LUCY H. KOH United States District Judge 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case No.: 11-CV-01846-LHK ORDER GRANTING MOTION TO FILE DOCUMENTS UNDER SEAL

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