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

Filing 515

ORDER by Judge Lucy H. Koh granting in part and denying in part #456 Administrative Motion to File Under Seal (lhklc2, COURT STAFF) (Filed on 12/20/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
For the Northern District of California

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APPLE, INC., a California corporation,

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Plaintiff,
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v.
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SAMSUNG ELECTRONICS CO., LTD., A
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Korean corporation; SAMSUNG
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ELECTRONICS AMERICA, INC., a New York )
corporation; SAMSUNG
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TELECOMMUNICATIONS AMERICA, LLC, )
a Delaware limited liability company,
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Defendants.
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Case No.: 11-CV-01846-LHK
ORDER GRANTING IN PART AND
DENYING IN PART MOTION TO SEAL

Samsung filed an administrative motion to file Exhibits E, G, N, T, V, and X1 to the Tung

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Declaration, as well as parts of the Tung declaration itself, under seal. ECF No. 456. After

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reviewing the motion, declaration, and documents, the Court DENIES the request to seal as to

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Exhibits E, G, N, and V. These documents appear to contain either public information, or do not

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contain privileged or otherwise protectable information. The Court also DENIES the request to

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seal as to Exhibit X of the Tung declaration. This document was a presentation given during the

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preliminary injunction hearing and is therefore information in the public record. To the extent that

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As part of the declaration and exhibits submitted to the Court, Samsung indicated that it was also
seeking to file under seal Exhibits F, I, and J under seal as well. In its motion, and supporting
declaration, Samsung did not seek leave to file these documents under seal. Moreover, it appears
that Samsung has already e-filed these documents publicly. Accordingly, Exhibits F, I, and J shall
not be filed under seal.
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Case No.: 11-CV-01846-LHK
ORDER GRANTING IN PART AND DENYING IN PART MOTION TO SEAL

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some of the information within the document was not discussed in open court and may otherwise

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be sealable, Samsung’s current request is overly broad. See Civil L.R. 79-5(a). To the extent that

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Samsung wishes to file a narrowly tailored sealing request with respect to Exhibit X of the Tung

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declaration it must do so by Tuesday, December 27, 2011. The Court also DENIES Samsung’s

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request to file under seal parts of the Tung declaration that describe the exhibits referenced above.

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The Court GRANTS Samsung’s request to file under seal Exhibit T, as this transcript

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discusses Samsung’s commercially sensitive business information.

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IT IS SO ORDERED.

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Dated: December 20, 2011

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LUCY H. KOH
United States District Judge

United States District Court
For the Northern District of California

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Case No.: 11-CV-01846-LHK
ORDER GRANTING IN PART AND DENYING IN PART MOTION TO SEAL