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

Filing 351

Unopposed Administrative Motion to File Under Seal filed by Apple Inc.. (Attachments: #1 Declaration, #2 Proposed Order)(Jacobs, Michael) (Filed on 10/31/2011) Modified text on 11/1/2011 (dhm, COURT STAFF).

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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]

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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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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WILLIAM F. LEE
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Telephone: [phone]
Facsimile: [phone]

APPLE INC., a California corporation,
Plaintiff,
v.
SAMSUNG ELECTRONICS CO., LTD., a
Korean corporation; 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-3064988

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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:
1.

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and Things);
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3.

4.

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Declaration of Erik J. Olson in Opposition to Samsung’s Motion to Compel
Documents and Things and its exhibits other than Exhibit 7 and Exhibit 9;

5.

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Declaration of Wesley E. Overson in Opposition to Samsung’s Motion to Compel
Documents and Things;

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Declaration of Michael A. Jacobs in Opposition to Samsung’s Motion to Compel
Documents and Things (“Jacobs Declaration”) and its exhibit;

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Apple’s Opposition to Samsung’s Motion to Compel Apple to Produce Documents

Declaration of Quin Hoellwarth in Opposition to Samsung’s Motion to Compel
Documents and Things; and

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Declaration of Evans Hankey in Opposition to Samsung’s Motion to Compel
Documents and Things and its exhibits.

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

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documents contain discussions or references to Apple confidential information. As described in

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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, the above documents discuss

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and disclose, among other things, details related to Apple’s confidential design process, device

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prototypes, and business practices. (Sealing Declaration ¶¶ 4-6.) It is Apple’s policy and practice

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not to disclose such information because it is confidential to Apple. (Id. ¶ 3.) This information is

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indicative of the way in which Apple manages its business affairs and conducts product

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development, and thus the information can be used by competitors to Apple’s disadvantage. (Id.)

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Furthermore, many of the above items discuss or contain references to matters both parties agree

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are unrelated to the parties’ substantive disputes in this case and are matters of private concern

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about the manner in which discovery is and will be conducted.

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APPLE’S UNOPPOSED ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
CASE NO. 11-CV-01846-LHK
sf-3064988

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The requested relief is necessary and narrowly tailored to protect the confidentiality of the

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information contained in the above materials. Samsung has indicated that it does not oppose this

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motion. (Jacobs Declaration ¶ 8.)

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Dated: October 31, 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-3064988

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