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

Filing 308

Administrative Motion to File Under Seal filed by Apple Inc.. (Attachments: #1 Declaration, #2 Proposed Order)(Jacobs, Michael) (Filed on 10/17/2011)

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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: 415.268.7522

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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 (CA SBN 244180)
[e-mail]
WILMER CUTLER PICKERING HALE
AND DORR LLP
950 Page Mill Road
Palo Alto, California 94304
Attorneys for Plaintiff
APPLE INC.

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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,
Plaintiff,

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v.
SAMSUNG ELECTRONICS CO., LTD., a
Korean corporation; SAMSUNG ELECTRONICS
AMERICA, INC., a New York corporation; and
SAMSUNG TELECOMMUNICATIONS
AMERICA LLC, a Delaware limited liability
company,

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Defendants.
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ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
CASE NO. 11-cv-01846-LHK
sf-3059318

Case No.

11-cv-01846-LHK

ADMINISTRATIVE MOTION TO
FILE APPLE’S OBJECTIONS TO
SAMSUNG’S UNTIMELY NEW
EVIDENCE REGARDING
PRELIMINARY INJUNCTION
MOTION AND SUPPORTING
DOCUMENTS UNDER SEAL

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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:
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The confidential, unredacted version of Apple’s Objections to Samsung’s

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Untimely New Evidence Regarding Preliminary Injunction Motion (confidential

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information is limited to the last two sentence of the opposition, which refer to a

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document that Samsung recently produced and designated as “highly

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confidential”;

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2.

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Excerpts from the Deposition of Justin Denison, attached as Ex. B to the
Declaration of Grant Kim In Support of Apple’s Objections to Samsung’s

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Untimely New Evidence (“Kim Decl.”).

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3.

Excerpts from the Deposition of Chris Stringer, attached as Ex. E to the Kim Decl.

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4.

Excerpts from the Deposition of Michael Wagner, attached as Ex. G to the Kim

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Decl.
The above Items 3 & 4 contain or discuss Apple confidential information. Apple has

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established good cause to permit filing the above Apple confidential information under seal

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through the Declaration of Cyndi Wheeler in Support of Apple’s Administrative Motion to File

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Documents Under Seal (the “Sealing Declaration”), filed herewith. As detailed in the Sealing

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Declaration, the above Apple confidential information relates to, among other things, Apple’s

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confidential design trade secrets, market research, product development, and business practices.

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(Sealing Declaration at ¶¶ 2-3.) It is Apple’s policy and practice not to disclose such information

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because it is confidential to Apple. (Id. at ¶ 3.) This information is indicative of the way in

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which Apple manages its business affairs and conducts product development, and thus the

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information can be used by competitors to Apple’s disadvantage. (Id.) The requested relief is

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necessary and narrowly tailored to protect the confidentiality of Apple confidential information

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contained in the Reply and supporting documents.

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The above Items 1 and 2 contain or discuss information that Samsung has designated as

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“Confidential” or “Highly Confidential—Attorneys Eyes Only.” Apple has informed Samsung

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that it would be seeking leave to file information designated by Samsung as “highly confidential.”
ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
CASE NO. 11-cv-01846-LHK
sf-3059318

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Samsung did not oppose this request. Accordingly, Apple expects that Samsung will file the

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required supporting declaration and proposed order in accordance with Civil L.R. 79-5(d).

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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.

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Dated: October 17, 2011

MORRISON & FOERSTER LLP

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

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ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
CASE NO. 11-cv-01846-LHK
sf-3059318