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

Filing 60

Administrative Motion to File Under Seal Apple's Stipulated Administrative Motion to File Documents Under Seal filed by Apple Inc.. (Attachments: #1 Whitt Declaration, #2 Bartlett Declaration, #3 Proposed Order)(Bartlett, Jason) (Filed on 6/7/2011) Modified on 6/8/2011 (ewn, COURT STAFF).

1
2
3
4
5
6
7
8

HAROLD J. MCELHINNY (CA SBN 66781)
[e-mail]
MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
JENNIFER LEE TAYLOR (CA SBN 161368)
[e-mail]
JASON R. BARTLETT (CA SBN 214530)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522
Attorneys for Plaintiff
APPLE INC.

9
10

UNITED STATES DISTRICT COURT

11

NORTHERN DISTRICT OF CALIFORNIA

12

SAN JOSE DIVISION

13
14

APPLE INC., a California corporation,
Plaintiff,

15
16
17
18
19

v.

Case No.

4:11-cv-01846-LHK

APPLE’S STIPULATED
ADMINISTRATIVE MOTION TO
FILE DOCUMENTS UNDER
SEAL

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.,

20
Defendants.
21
22
23

In accordance with Civil L.R. 79-5 and 7-11, and General Order No. 62, Apple Inc.

24

(“Apple”) moves this Court for an order to seal the Declaration of Richard J. Lutton in Support of

25

Apple’s Opposition to Defendants’ Motion to Compel Apple to Produce Reciprocal Expedited

26

Discovery (the “Lutton Opposition Declaration”), and portions of Apple’s opposition brief that

27

reference this declaration.

28
APPLE’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
Case No. 4:11-cv-01846-LHK
sf-3004104

1

Apple has established good cause to permit filing this information under seal through the

2

Declaration of Jayna R. Whitt in Support of Apple’s Administrative Motion to File Documents

3

Under Seal (the “Whitt Sealing Declaration”), filed herewith. The Lutton Opposition Declaration

4

contains information relating to Apple’s confidential business practices, including its product

5

launch and marketing strategies, as well as certain of its policies for preserving the secrecy and

6

confidentiality of its product development. (Whitt Sealing Decl. at ¶ 2.) It is Apple’s policy and

7

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

8

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

9

product development, and thus can be used by Apple’s competitors to its disadvantage. (Id.) In

10

order to narrowly tailor the requested sealing to only sealable material, Apple has limited its

11

request to the Lutton Opposition Declaration and the unredacted version of Apple’s Opposition to

12

Defendants’ Motion to Compel Apple to Produce Reciprocal Expedited Discovery, which

13

references confidential Apple information contained in the Lutton Opposition Declaration.

14

In conclusion, Apple requests that the Court order that the Lutton Opposition Declaration

15

and portions of Apple’s opposition brief referencing this declaration be filed under seal. Counsel

16

for the Samsung defendants has stipulated to Apple’s motion. (Decl. of Jason Bartlett in support

17

of Apple’s Administrative Motion to File Documents Under Seal, filed herewith, at ¶ 2.)

18

Dated: June 7, 2011

19
20

HAROLD J. MCELHINNY
MICHAEL A. JACOBS
JENNIFER LEE TAYLOR
JASON R. BARTLETT
MORRISON & FOERSTER LLP

21
22
23
24

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

25
26
27
28
APPLE’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
Case No. 4:11-cv-01846-LHK
sf-3004104

1

1
2

ECF ATTESTATION
I, JASON R. BARTLETT, am the ECF User whose ID and password are being used to

3

file the following document: APPLE’S ADMINSTRATIVE MOTION TO FILE DOCUMENTS

4

UNDER SEAL. In compliance with General Order 45, X.B., I hereby attest that Michael A.

5

Jacobs has concurred in this filing.

6
7
8
9

Dated: June 7, 2011

JASON R. BARTLETT
MORRISON & FOERSTER LLP
By: /s/ Jason R. Bartlett
JASON R. BARTLETT

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
APPLE’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
Case No. 4:11-cv-01846-LHK
sf-3004104

2