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

Filing 327

Administrative Motion to File Under Seal APPLES UNOPPOSED ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL filed by Apple Inc.. (Attachments: #1 Declaration, #2 Proposed Order)(Jacobs, Michael) (Filed on 10/27/2011)

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HAROLD J. MCELHINNY (CA SBN 66781)
[e-mail]
MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
JENNIFER LEE TAYLOR (CA SBN 161368)
[e-mail]
ALISON M. TUCHER (CA SBN 171363)
[e-mail]
RICHARD S.J. HUNG (CA SBN 197425)
[e-mail]
JASON R. BARTLETT (CA SBN 214530)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: [phone]

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]

Attorneys for Plaintiff and
Counterclaim-Defendant 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 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 UNOPPOSED
ADMINISTRATIVE MOTION TO
FILE DOCUMENTS UNDER
SEAL

Defendants.

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APPLE’S UNOPPOSED ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
CASE NO. 11-CV-01846-LHK
sf-3063579

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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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1.

Apple’s Motion for a Protective Order (“Motion”);

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2.

Declaration of Michael A. Jacobs in Support of Apple’s Motion for a Protective

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Order and Motion to Shorten Time (“Jacobs Declaration”) and its exhibits;

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3.

Apple’s [Proposed] Order Granting Its Motion for a Protective Order;

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4.

Apple’s Motion to Shorten Time for Briefing and Hearing on Apple’s Motion for a

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Protective Order; and
5.

Apple’s [Proposed] Order Granting Apple’s Motion to Shorten Time for Briefing
and Hearing on Apple’s Motion for a Protective Order.

Apple has established good cause to permit the sealing of these materials. First, the above

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Items 1-5 all discuss or contain references to matters both parties agree are unrelated to the

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parties’ substantive disputes in this case and are matters of private concern about the manner in

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which discovery is and will be conducted. These matters are described in the Motion and Jacobs

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Declaration, above. Further, Items 1 and 2 contain discussions or references to Apple

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confidential information. As described in the Declaration of Erica Tierney in Support of Apple’s

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Administrative Motion to File Documents Under Seal (the “Sealing Declaration”), filed herewith,

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

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design trade secrets, product development, and business practices. (Sealing Declaration ¶¶ 4-8.)

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It is Apple’s policy and practice not to disclose such information because it is confidential to

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Apple. (Id. ¶ 9.) This information is indicative of the way in which Apple manages its business

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affairs and conducts product development, and thus the information can be used by competitors to

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Apple’s disadvantage. (Id.) The requested relief is necessary and narrowly tailored to protect the

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confidentiality of the information contained in the above materials.

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APPLE’S UNOPPOSED ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
CASE NO. 11-CV-01846-LHK
sf-3063579

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Samsung has indicated that it does not oppose this motion. (Jacobs Declaration ¶ 12.)

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Dated: October 27, 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 FILE DOCUMENTS UNDER SEAL
CASE NO. 11-CV-01846-LHK
sf-3063579

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