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

Filing 226

UNOPPOSED ADMINISTRATIVE MOTION Close the Courtroom re #205 MOTION to Compel, filed by Apple Inc.. Motion Hearing set for 9/13/2011 10:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. Responses due by 9/12/2011. Replies due by 9/12/2011. (Attachments: #1 Proposed Order)(Bartlett, Jason) (Filed on 9/12/2011) Modified text on 9/13/2011 (dhm, COURT STAFF).

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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.

APPLE’S UNOPPOSED
ADMINISTRATIVE MOTION TO
CLOSE THE COURTROOM

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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 UNOPPOSED ADMINISTRATIVE MOTION TO CLOSE COURTROOM
CASE NO. 11-CV-01846-LHK
sf-3044403

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Apple Inc. hereby moves to close the Courtroom during the September 13, 2011, hearing

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on Samsung’s Motion to Compel Regarding Request For Production No. 1 and Interrogatory Nos.

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1, 3, and 6.

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Courts frequently deny public access to judicial proceedings when disclosure of

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confidential commercial information could “harm a litigant’s competitive standing.” See Nixon v.

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Warner Communications, Inc., 435 U.S. 589, 598 (1978); see also New York v. Microsoft Corp.,

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2002 WL 1315804 (D.D.C. 2002); Standard & Poor’s Corp., Inc. v. Commodity Exchange, Inc.,

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541 F. Supp. 1273, 1277 (S.D.N.Y. 1982) (“the right to attend judicial proceedings should, in

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appropriate circumstances, give way to the right to protect one’s trade secrets”); Zenith Radio

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Corp., 529 F. Supp. at 901 (E.D. Pa. 1981) (“Judicial proceedings and records may be closed in

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part or in full to the public in order to protect private interests, including proprietary interest in

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trade secrets and other commercial information”). The Court should do the same here.

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The requested relief is necessary and narrowly tailored to protect the confidentiality of the

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information contained in the materials filed in support of the briefing related to Samsung’s

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motion to compel. Many of the materials filed in support of the briefing were filed under seal

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pursuant to Civil L.R. 79-5(a)-(c) because they contain Apple’s design trade secrets, confidential

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business practices, and policies for preserving the secrecy and confidentiality of its product

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development. See Declaration of Erica Tierney in Support of Apple’s Administrative Motion to

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File Documents Under Seal (Dkt No. 211) and Declaration of Christopher J. Stringer in Support

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of Apple Inc.’s Opposition to Samsung’s Motion to Compel (filed under seal). For instance,

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a.

Apple’s Opposition to Samsung’s Motion to Compel Regarding Request for

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Production No. 1 and Interrogatory Nos. 1, 3, and 6 contains information relating to Apple’s

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design trade secrets, confidential business practices and policies for preserving the secrecy and

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confidentiality of its product development.

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b.

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

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

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policies for preserving the secrecy and confidentiality of its product development.

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APPLE’S UNOPPOSED ADMINISTRATIVE MOTION TO CLOSE COURTROOM
CASE NO. 11-CV-01846-LHK
sf-3044403

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c.

The Declaration of Jason Bartlett in Support of Apple Inc.’s Opposition contains

information relating to Apple’s design trade secrets.
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Exhibits A, B, C, D, E, H and I to the Bartlett Declaration are all correspondence

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between outside counsel that contain information relating to Apple’s confidential business

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practices and policies for preserving the secrecy and confidentiality of its product development.

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e.

Exhibit J to the Bartlett Declaration is a deposition transcript that has been

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designated by Apple as HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY under the

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interim protective order and contains discussion and references to information that Apple has

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designated as HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY.

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f.

The Declaration of Patrick Zhang in Support of Apple Inc.’s Opposition contains

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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.

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Apple does not disclose or comment on speculation about its trade secrets or business

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practices. This information can be used by Apple’s competitors to its disadvantage. Apple

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anticipates that many of these highly confidential materials filed under seal will be discussed at

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the hearing on September 13, 2011. Because those materials contain information that is of such a

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highly confidential nature that public disclosure would cause great harm to Apple, Apple hereby

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respectfully requests that the Court close the Courtroom during the September 13, 2011, hearing.

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Samsung does not oppose this motion.

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Dated: September 12, 2011

MORRISON & FOERSTER LLP

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By: /s/ Michael A. Jacobs
MICHAEL A. JACOBS
Attorneys for Plaintiff
APPLE INC.

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APPLE’S UNOPPOSED ADMINISTRATIVE MOTION TO CLOSE COURTROOM
CASE NO. 11-CV-01846-LHK
sf-3044403

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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

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file this Motion. In compliance with General Order 45, X.B., I hereby attest that Michael A.

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Jacobs has concurred in this filing.

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Dated: September 12, 2011

By:

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/s/ Jason R. Bartlett
Jason R. Bartlett

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APPLE’S UNOPPOSED ADMINISTRATIVE MOTION TO CLOSE COURTROOM
CASE NO. 11-CV-01846-LHK
sf-3044403

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