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

Filing 282

STIPULATED ADMINISTRATIVE MOTION to File Under Seal Apple's Reply in Support of Its Motion for Preliminary Injunction and Related Documents filed by Apple Inc.. (Attachments: # 1 Declaration, # 2 Proposed Order)(Jacobs, Michael) (Filed on 9/30/2011) Modified text on 10/4/2011 (dhm, COURT STAFF).

Download PDF
1 2 3 4 5 6 HAROLD J. MCELHINNY (CA SBN 66781) hmcelhinny@mofo.com MICHAEL A. JACOBS (CA SBN 111664) mjacobs@mofo.com RICHARD S.J. HUNG (CA SBN 197425) rhung@mofo.com MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: (415) 268-7000 Facsimile: (415) 268-7522 7 8 9 10 Attorneys for Plaintiff and Counterclaim-Defendant APPLE INC. 11 NORTHERN DISTRICT OF CALIFORNIA 13 SAN JOSE DIVISION 14 16 17 18 19 20 21 22 MARK D. SELWYN (SBN 244180) mark.selwyn@wilmerhale.com WILMER CUTLER PICKERING HALE AND DORR LLP 950 Page Mill Road Palo Alto, California 94304 Telephone: (650) 858-6000 Facsimile: (650) 858-6100 UNITED STATES DISTRICT COURT 12 15 WILLIAM F. LEE william.lee@wilmerhale.com WILMER CUTLER PICKERING HALE AND DORR LLP 60 State Street Boston, MA 02109 Telephone: (617) 526-6000 Facsimile: (617) 526-5000 APPLE INC., a California corporation, Plaintiff, v. 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., Case No. 11-cv-01846-LHK APPLE’S STIPULATED ADMINISTRATIVE MOTION TO FILE UNDER SEAL ITS REPLY IN SUPPORT OF ITS MOTION FOR PRELIMINARY INJUNCTION AND RELATED DOCUMENTS Defendants. 23 24 25 26 27 28 APPLE’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL CASE NO. 11-CV-01846-LHK sf-3050967 1 2 3 In accordance with Civil L.R. 7-11 and 79-5, and General Order No. 62, Apple Inc. (“Apple”) moves this Court for an order to seal the following documents: 1. 4 5 a Preliminary Injunction (“Reply”); 2. 6 7 The confidential, unredacted version of Apple’s Reply in Support of its Motion for Paragraphs 2, 5, 6 and 7 of the Reply Declaration of Tony Blevins In Support of Apple’s Motion for a Preliminary Injunction; 3. 8 The Reply Declaration of Richard J. Lutton, Jr. in Support of Apple’s Motion for a Preliminary Injunction (“Lutton Reply Declaration”); 9 4. Exhibits A, B, and C to the Lutton Reply Declaration; 10 5. The Reply Declaration of Terry Musika In Support of Apple’s Motion for a 11 Preliminary Injunction (“Musika Declaration”); 12 6. Exhibits 1, 2, 3, and 4 to the Musika Declaration; 13 7. The Reply Declaration of Arthur Rangel in Support of Apple’s Motion for a 14 Preliminary Injunction (“Rangel Declaration”); 15 8. Exhibits A, B, and C to the Rangel Declaration; 16 9. Paragraphs 24-26, 27-33, and 39 of the Reply Declaration of Sanjay Sood in 17 Support of Apple’s Motion for a Preliminary Injunction (“Sood Declaration”); 18 10. Exhibits D and H to the Sood Declaration; 19 11. The Reply Declaration of Christopher Stringer in Support of Apple’s Motion for a 20 Preliminary Injunction (“Stringer Declaration”); 21 12. Exhibits 1-9 to the Stringer Declaration; 22 13. Paragraphs 11, 16, 26, 27, 38, 42, 44, 49, 51, 57, and 80 of the Reply Declaration 23 of Cooper C. Woodring in Support of Apple’s Motion for a Preliminary Injunction 24 (“Woodring Reply Declaration”); 25 14. Exhibit 1 to the Woodring Reply Declaration; and 26 15. Exhibits A, B, C, D, M, P, S, W, Z, EE, FF, GG, JJ, KK and LL to the Declaration 27 of Francis Ho in Support of Apple’s Motion for a Preliminary Injunction. 28 APPLE’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL CASE NO. 11-CV-01846-LHK sf-3050967 1 1 The above items 1-13 and 15 contain or discuss Apple confidential information. Apple 2 has established good cause to permit filing the above Apple confidential information under seal 3 through the Declaration of Erica Tierney in Support of Apple’s Administrative Motion to File 4 Documents Under Seal (the “Sealing Declaration”), filed herewith. As detailed in the Sealing 5 Declaration, the above Apple confidential information relates to, among other things, Apple’s 6 confidential design trade secrets, market research, product development, and business practices. 7 (Sealing Declaration at ¶¶ 3-11.) It is Apple’s policy and practice not to disclose such 8 information because it is confidential to Apple. (Id. at ¶ 12.) This information is indicative of the 9 way in which Apple manages its business affairs and conducts product development, and thus the 10 information can be used by competitors to Apple’s disadvantage. (Id.) The requested relief is 11 necessary and narrowly tailored to protect the confidentiality of Apple confidential information 12 contained in the Reply and supporting documents. 13 In addition, the above items 1, 5, 6, 13, 14, and 15 contain information that Samsung has 14 designated Confidential or Highly Confidential—Attorneys Eyes Only or information that Apple 15 believes Samsung considers confidential. Regarding sealing the above Samsung confidential 16 information, Apple expects that Samsung will file the required supporting declarations in 17 accordance with Civil L.R. 79-5(d). 18 19 20 Pursuant to General Order No. 62, the complete, unredacted versions of these documents will be lodged with the Court for in camera review and served on all parties. Samsung does not oppose this motion. 21 22 Dated: September 30, 2011 MORRISON & FOERSTER LLP 23 24 25 26 By: /s/ Michael A. Jacobs MICHAEL A. JACOBS Attorneys for Plaintiff APPLE INC. 27 28 APPLE’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL CASE NO. 11-CV-01846-LHK sf-3050967 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?