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

Filing 939

Administrative Motion to File Under Seal Apple's Administrative Motion to File Documents Under Seal filed by Apple Inc.. (Attachments: #1 Apple's Motion to Strike Portions of Samsung's Expert Reports, #2 Decl. of C. Wheeler, #3 Decl. of E. Tierney, #4 Decl. of M. Pernick, #5 Ex. 1, #6 Ex. 14, #7 Ex. 15, #8 Ex. 32, #9 Ex. 33, #10 Ex. 36, #11 Ex. 37, #12 Proposed Oder Granting Apple's Motion to Strike, #13 Proposed Order Granting Apple's Admin Motion)(Tucher, Alison) (Filed on 5/17/2012) Modified on 5/21/2012 attachment #2 and #3 sealed pursuant to General Order No. 62 (dhm, COURT STAFF).

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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]

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]

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 INC.’S 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,

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Defendants.
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APPLE INC.’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
CASE NO. 11-CV-01846-LHK
pa-1528848

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In accordance with Civil Local Rules 7-11 and 79-5, and General Order No. 62,

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Apple Inc. (“Apple”) submits this motion for an order to seal the following documents or portions

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thereof:

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1. The confidential, unredacted version of Apple’s Motion to Strike Portions of Samsung’s
Expert Reports (“Motion”);
2. The confidential, unredacted version of Apple’s [Proposed] Order to Strike Portions of
Samsung’s Expert Reports (“Proposed Order”); and

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3. Exhibits to the Declaration of Marc J. Pernick in Support of Apple’s Motion to Strike

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Portions of Samsung’s Expert Reports (“Pernick Decl.”) that have been designated

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confidential.

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Exhibits 2, 12, 13, 18, 19, 27, 31, 34, and 35 contain information that is highly

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confidential as set out in the Declaration of Cyndi Wheeler in Support of Apple’s Administrative

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Motion to File Documents Under Seal (“Wheeler Declaration”), filed herewith under seal. It is

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Apple’s policy not to disclose or describe to third parties its confidential design, trade secrets, or

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product development. (Wheeler Declaration ¶ 4.) The Apple-confidential material in Exhibits 2,

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12, 13, 18, 19, 27, 31, 34, and 35 to the Pernick Declaration relates to such trade secret

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information, as detailed in the Wheeler Declaration. (Id. ¶ 2.) This information is highly

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confidential to Apple. (Id. ¶¶ 2-3.) The information described above could be used by Apple’s

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competitors to Apple’s disadvantage if disclosed publicly. (Id. ¶ 3) The relief requested in this

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

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specific portions of the documents at issue. (Id. ¶ 5.)

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Exhibits 21-24 contain information that is highly confidential as set out in the

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Declaration of Erica Tierney in Support of Apple’s Administrative Motion to File Documents

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Under Seal (“Tierney Declaration”), filed herewith under seal. It is Apple’s policy not to disclose

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or describe to third parties its confidential design, trade secrets, or product development. (Tierney

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Declaration ¶ 3.) The Apple-confidential material in Exhibits 23-24 to the Pernick Declaration

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relates to such trade secret information, as detailed in the Tierney Declaration. (Id. ¶ 2.) This

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information is highly confidential to Apple. (Id. ¶ 3.) The information described above could be
APPLE INC.’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
CASE NO. 11-CV-01846-LHK
pa-1528848

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used by Apple’s competitors to Apple’s disadvantage if disclosed publicly. (Id.) The relief

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requested in this motion is necessary and is narrowly tailored to protect confidential information,

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focusing only on specific portions of the documents at issue. (Id. ¶ 4.)

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Exhibits 2-13, 16-31, 34-35, and 38 contain materials that Samsung has designated as

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confidential under the protective order entered in this case. Apple expects that, pursuant to Civil

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Local Rule 79-5(d), Samsung will file a declaration seeking to establish good cause to permit the

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sealing of these materials.1

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Pursuant to Civil Local Rule 79-(c), Apple will lodge with the Clerk the documents at
issue with the sealable portions highlighted.

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Dated: May 17, 2012

MORRISON & FOERSTER LLP

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By:

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/s/ Alison M. Tucher
ALISON M. TUCHER
Attorneys for Plaintiff
APPLE INC.

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By respecting the process, and moving to seal Samsung’s expert reports based on
Samsung’s current designations, Apple does not waive any challenge to those designations under
the Protective Order.

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APPLE INC.’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
CASE NO. 11-CV-01846-LHK
pa-1528848

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