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

Filing 234

Administrative Motion to File Under Seal Apple's Stipulated Adminisrative Motion to File Documents Under Seal filed by Apple Inc.. (Attachments: #1 Declaration, #2 Proposed Order)(Bartlett, Jason) (Filed on 9/13/2011)

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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-3044565

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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
Exclude Ordinary Observer Opinions of Apple Expert Cooper Woodring (“Opposition”); and
2. Exhibits B and C to the Declaration of Patrick J. Zhang in support of Apple’s
Opposition (“Zhang Declaration”).
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 above-identified exhibits to the Zhang Declarations contain

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information relating to Apple’s industrial design process and competitive market research.

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(Sealing Decl. at ¶ 2.) It is Apple’s policy and practice not to disclose such information because

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it is confidential to Apple. (Id.) This information reveals the way in which Apple conducts

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product development and research into the competitive landscape surrounding its products, and

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thus can be used by Apple’s competitors to its disadvantage. (Id.)

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In conclusion, Apple requests that the Court order that the confidential, unredacted

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version of Apple’s Opposition to Samsung’s Motion to Exclude Ordinary Observer Opinions of

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Apple Expert Cooper Woodring and Exhibits B and C of the supporting Zhang Declaration be

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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 and the Zhang Declaration with unredacted Exhibits will be lodged with the Court for

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in camera review and served on all parties.

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Samsung does not oppose this motion.
Dated: September 13, 2011

MORRISON & FOERSTER LLP

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By: /s/ Jason R. Bartlett
JASON R. BARTLETT
Attorneys for Plaintiff
APPLE INC.
APPLE’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
CASE NO. 11-CV-01846-LHK
sf-3044565

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