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

Filing 619

Administrative Motion to File Under Seal (Renewed) filed by Apple Inc.. (Attachments: #1 Declaration Declaration of Cyndi Wheeler In Support of Apple's Renewed Administrative Motion to File Documents Under Seal, #2 Exhibit B to T. Briggs In Support of Samsung's Response to Apple's Opening Claim Construction, #3 Exhibit I to T. Briggs In Support of Samsung's Response to Apple's Opening Claim Construction, #4 Exhibit J to T. Briggs In Support of Samsung's Response to Apple's Opening Claim Construction, #5 Samsung's Response to Apple's Opening Claim Construction, #6 Proposed Order [Proposed] Order Granting Apple's Renewed Administrative Motion to File Documents Under Seal)(Hung, Richard) (Filed on 1/12/2012)

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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]

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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]
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]

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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,

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Plaintiff,
v.

Case No.

11-cv-01846-LHK

APPLE’S RENEWED
ADMINISTRATIVE MOTION TO
FILE DOCUMENTS UNDER
SEAL

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,

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Defendants.
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APPLE’S RENEWED ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
CASE NO. 11-cv-01846-LHK
sf-3093352

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In accordance with Civil L.R. 7-11 and 79-5, General Order No. 62, and pursuant to the

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Court’s January 9, 2012 Order (ECF No. 593), Apple Inc. (“Apple”) submits this renewed motion

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for an order to seal portions of the following documents:

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1.

Exhibit B to the Declaration of Todd M. Briggs in Support of Samsung’s Response

to Apple’s Opening Claim Construction Brief (“Briggs Declaration,” ECF No. 542-1);

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2.

Exhibit I to the Briggs Declaration;

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3.

Exhibit J to the Briggs Declaration;

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4.

Samsung’s Response to Apple’s Opening Claim Construction Brief.

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The above documents contain information that is highly confidential. This motion

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requests relief that is necessary and narrowly tailored to protect only that confidential

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information.

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Exhibit B to the Briggs Declaration contains a confidential Apple engineering

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requirements specification and discussion of that specification in a deposition transcript. (See

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Declaration of Cyndi Wheeler in Support of Apple’s Renewed Motion to File Documents Under

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Seal ¶ 2) (“Wheeler Declaration”). Apple requests that the Court seal lines 8-25 on page 7 of

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Exhibit B, which describe in detail the internal engineering document; lines 1-2, a portion of line

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3, line 7, and lines 19-25 on page 8 of Exhibit B, which further describe the details of the

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confidential document; and pages 13-31 of Exhibit B, which consist of the confidential

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engineering document itself.

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Exhibit I to the Briggs Declaration contains a brief discussion of a specific element of a

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confidential prototype design. (Id.) Apple requests that the Court seal lines 20-25 on page 7 of

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Exhibit I and line 1 on page 8 of Exhibit I, which contain this discussion.

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Exhibit J to the Briggs Declaration contains discussion of a specific element of a

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confidential prototype design. (Id.) Apple requests that the Court seal lines 7-17 on page 7 of

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Exhibit J, which contain this discussion.

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Samsung’s Response to Apple’s Opening Claim Construction Brief contains a reference to

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the confidential portion of Exhibit B to the Briggs Declaration, described above. (Id.) Apple

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requests that the Court seal the descriptive parentheticals at the end of footnote 2 in Samsung’s
APPLE’S RENEWED ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
CASE NO. 11-cv-01846-LHK
sf-3093352

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Response to Apple’s Opening Claim Construction Brief stating the title of and quoting from the

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confidential engineering document.

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It is Apple’s policy not to disclose or describe its confidential design, trade secrets, or

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product development, including in particular the details of its unreleased prototypes, to third

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parties. (Id. ¶ 3.) The confidential material described above all relates to such trade secret

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information, as each of the three exhibits contains portions discussing confidential engineering

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information or unreleased prototype design and development, and the referenced brief quotes

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from the confidential portion of one of the exhibits. (Id.) This information is highly confidential

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to Apple. (Id.) It is indicative of the way that Apple designs its products and conducts its product

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development. (Id.) The information described above could be used by Apple’s competitors to

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Apple’s disadvantage if disclosed publicly. (Id.) The relief requested in this renewed motion is

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necessary and is narrowly tailored to protect confidential information, focusing only on specific

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portions of the documents at issue. (Id.)

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Proposed public redacted versions of the documents listed above are attached. Pursuant to

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Civil L.R. 79-(c), Apple will lodge with the Clerk the documents at issue with the sealable

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portions highlighted. Samsung’s Response to Apple’s Opening Claim Construction Brief is

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lodged with the sealable portions in red outline, as the underlying document has highlighting that

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Apple is unable to remove from its copy.

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Dated: January 12, 2012

MORRISON & FOERSTER LLP

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By: /s/ Richard S.J. Hung
Richard S.J. Hung
Attorneys for Plaintiff
APPLE INC.

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APPLE’S RENEWED ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
CASE NO. 11-cv-01846-LHK
sf-3093352

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