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

Filing 765

ORDER by Judge Lucy H. Koh granting in part and denying in part #548 Administrative Motion to File Under Seal (lhklc2, COURT STAFF) (Filed on 3/1/2012)

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United States District Court
For the Northern District of California

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
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
SAMSUNG’S MOTION TO FILE
UNDER SEAL

Samsung filed a motion to file under seal Exhibit X to the Tung Declaration, which was

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denied without prejudice in the Court’s December 20, 2011 Order. ECF No. 515. Samsung filed a

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renewed motion to file portions of Exhibit X under seal. ECF No. 548. Because the documents

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and material referenced in Exhibit X contained information designated by Apple as confidential,

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Apple submitted a declaration in support of the motion to file portions of Exhibit X under seal.

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ECF No. 553. Apple withdrew the confidentiality designation as to all of the pages of Exhibit X

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except: (1) pages 74-76 and 98 which discuss Apple’s alternative product designs, (2) pages 209-

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10, 213, and 248 which contain market share information related to customer preferences, and (3)

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pages 222 and 224-28 which contain information regarding licensing negotiations and agreements

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between Apple and Samsung or Apple and third parties.
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Case No.: 11-CV-01846-LHK
ORDER GRANTING IN PART SAMSUNG’S MOTION TO SEAL

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Pursuant to Civil Local Rule 79-5(a), orders to seal “may issue only upon a request that

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establishes that the document, or portions thereof, is privileged or protectable as trade secret or

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otherwise entitled to protection under the law.”

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The Court is satisfied that the information in the above referenced pages of Exhibit X are
properly sealable as they contain confidential information of Apple’s product development or

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information that could harm Apple’s competitive advantage in the marketplace. However, the

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Court has determined that Page 213 of Exhibit X does not contain Apple’s internal market research

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and analysis and therefore is not properly sealable. Accordingly, the motion to seal Exhibit X, is

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granted as to pages 74-76, 98, 209-10, 222, 224-28, and 248. Samsung shall file under seal pages

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United States District Court
For the Northern District of California

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74-76, 98, 209-10, 222, 224-28, and 248 of Exhibit X. Samsung shall publicly file pages 24, 77-

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78, 100, 103, 106, 202-205, 212, and 213 of Exhibit X.

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IT IS SO ORDERED.

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Dated: March 1, 2012

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_________________________________
LUCY H. KOH
United States District Judge

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Case No.: 11-CV-01846-LHK
ORDER GRANTING IN PART SAMSUNG’S MOTION TO SEAL