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)

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 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 MARK D. SELWYN (CA SBN 244180) mark.selwyn@wilmerhale.com WILMER CUTLER PICKERING HALE AND DORR LLP 950 Page Mill Road Palo Alto, California 94304 Attorneys for Plaintiff APPLE INC. 10 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 SAN JOSE DIVISION 14 15 APPLE INC., a California corporation, Plaintiff, 16 17 18 19 20 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, 21 Defendants. 22 23 24 25 26 27 28 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 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. The confidential, unredacted version of Apple’s Objections to Samsung’s 4 Untimely New Evidence Regarding Preliminary Injunction Motion (confidential 5 information is limited to the last two sentence of the opposition, which refer to a 6 document that Samsung recently produced and designated as “highly 7 confidential”; 8 2. 9 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 10 Untimely New Evidence (“Kim Decl.”). 11 3. Excerpts from the Deposition of Chris Stringer, attached as Ex. E to the Kim Decl. 12 4. Excerpts from the Deposition of Michael Wagner, attached as Ex. G to the Kim 13 14 Decl. The above Items 3 & 4 contain or discuss Apple confidential information. Apple has 15 established good cause to permit filing the above Apple confidential information under seal 16 through the Declaration of Cyndi Wheeler in Support of Apple’s Administrative Motion to File 17 Documents Under Seal (the “Sealing Declaration”), filed herewith. As detailed in the Sealing 18 Declaration, the above Apple confidential information relates to, among other things, Apple’s 19 confidential design trade secrets, market research, product development, and business practices. 20 (Sealing Declaration at ¶¶ 2-3.) It is Apple’s policy and practice not to disclose such information 21 because it is confidential to Apple. (Id. at ¶ 3.) This information is indicative of the way in 22 which Apple manages its business affairs and conducts product development, and thus the 23 information can be used by competitors to Apple’s disadvantage. (Id.) The requested relief is 24 necessary and narrowly tailored to protect the confidentiality of Apple confidential information 25 contained in the Reply and supporting documents. 26 The above Items 1 and 2 contain or discuss information that Samsung has designated as 27 “Confidential” or “Highly Confidential—Attorneys Eyes Only.” Apple has informed Samsung 28 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 1 1 Samsung did not oppose this request. Accordingly, Apple expects that Samsung will file the 2 required supporting declaration and proposed order in accordance with Civil L.R. 79-5(d). 3 4 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. 5 6 Dated: October 17, 2011 MORRISON & FOERSTER LLP 7 8 9 By: /s/ Michael Jacobs Michael Jacobs Attorneys for Plaintiff APPLE INC. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL CASE NO. 11-cv-01846-LHK sf-3059318

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?