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

Filing 82

Administrative Motion to File Under Seal in Connection with Motion for A Preliminary Injunction filed by Apple Inc.. (Attachments: #1 Declaration of Richard J. Lutton, Jr., #2 Proposed Order)(Bartlett, Jason) (Filed on 7/1/2011)

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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]
Attorneys for Plaintiff
APPLE INC.

KENNETH H. BRIDGES (CA SBN 243541)
[e-mail]
MICHAEL T. PIEJA (CA SBN 250351)
[e-mail]
BRIDGES & MAVRAKAKIS LLP
3000 El Camino Real
One Palo Alto Square, 2nd Floor
Palo Alto, CA 94306
Telephone: [phone]
Facsimile: [phone]

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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,

Case No.

11-cv-01846-LHK

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Plaintiff,
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v.
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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.,
Defendants.

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

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

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Support of Apple’s Motion for a Preliminary Injunction (the “Lutton Declaration”).

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APPLE’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
CASE NO. 11-CV-01846-LHK
sf-3013959

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

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Declaration of Richard J. Lutton, Jr. in Support of Apple’s Administrative Motion to File

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

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Declaration contains information relating to Apple’s discussions with Samsung prior to the

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initiation of this lawsuit. (Lutton Sealing Decl. at ¶ 2.)

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Although they took place before the commencement of litigation, these negotiations are

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akin to settlement negotiations that are often protected from disclosure by the courts. See, e.g.,

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Jones v. Metro. Life Ins. Co., 08-cv-3971, 2010 U.S. Dist. LEXIS 113219, at *11 (N.D. Cal.

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Oct. 15, 2010) (redacting contents of settlement negotiations filed under seal). Apple negotiated

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with Samsung intending and expecting that the communications exchanged would not be

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broadcast to the public. (Lutton Sealing Decl. at ¶ 2.) Maintaining the privacy of such business

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discussions is important to promoting efficient resolution of business disputes, because it

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encourages a frank dialogue in spite of the possibility that the negotiating parties might later

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become legal adversaries.

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

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limited its request to the Lutton Declaration. Apple does not request to file its Motion for a

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Preliminary Injunction or supporting brief under seal, and any references to the Lutton

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Declaration in those documents are constructed to avoid disclosing confidential information.

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In conclusion, Apple requests that the Court order that the Lutton Declaration be filed

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under seal. Counsel for the Samsung defendants have stipulated to this request. (Declaration of

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Richard S.J. Hung Regarding Meet and Confer Obligations relating to Apple Inc.’s Motions Filed

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on July 1, 2011, filed herewith, ¶ 4.)

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Dated: July 1, 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 ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
CASE NO. 11-CV-01846-LHK
sf-3013959

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

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

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

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Michael A. Jacobs has concurred in this filing.

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Dated: July 1, 2011

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

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APPLE’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
CASE NO. 11-CV-01846-LHK
sf-3013959

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