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

Filing 940

Administrative Motion to File Under Seal Apple Inc.s Administrative Motion To File Documents Under Seal Re Apples Motion To Exclude Testimony Of Samsungs Experts filed by Apple Inc.. (Attachments: #1 Apple Inc.s Notice Of Motion And Motion To Exclude Testimony Of Samsungs Experts, #2 Declaration Of Jason Bartlett In Support Of Motion To Exclude Testimony Of Samsungs Experts, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 9, #9 Exhibit 12, #10 Exhibit 14, #11 [Proposed] Order Granting Apples Motion To Exclude Testimony Of Samsungs Experts, #12 Proposed Order Granting Apple's Admin Motion to File Under Seal)(McElhinny, Harold) (Filed on 5/18/2012)

1
2
3
4
5
6
7
8
9
10

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

11
12

UNITED STATES DISTRICT COURT

13

NORTHERN DISTRICT OF CALIFORNIA

14

SAN JOSE DIVISION

15
16

APPLE INC., a California corporation,

17
18
19
20
21

Plaintiff,
v.
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,

Case No. 11-cv-01846-LHK
APPLE INC.’S ADMINISTRATIVE
MOTION TO FILE DOCUMENTS
UNDER SEAL RE APPLE’S MOTION
TO EXCLUDE TESTIMONY OF
SAMSUNG’S EXPERTS

22
Defendants.
23
24
25
26
27
28
APPLE INC.’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
CASE NO. 11-CV-01846-LHK
sf- 3147738

1

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

2

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

3

thereof:

4
5
6

1.

The confidential, unredacted version of Apple’s Motion to Exclude Testimony of

Samsung’s Experts;
2.

Exhibits to the Declaration of Jason R. Bartlett in Support of Apple’s Motion to

7

Exclude Testimony of Samsung’s Experts (“Bartlett Declaration”) that have been designated

8

confidential as set forth below; and

9

3.

The confidential, unredacted version of the Declaration of Russell S. Winer in

10

Support of Apple’s Motion to Exclude Testimony of Apple’s Experts, and Exhibit 1 to the Winer

11

Declaration.

12

Exhibits 1, 22-23, 25, and 26 to the Bartlett Declaration and Paragraphs 25, 26, and 28 of

13

the Winer Declaration contain information that is highly confidential as set out in the Declaration

14

of Cyndi Wheeler in Support of Apple’s Administrative Motion to File Documents Under Seal re

15

Apple’s Motion to Exclude Testimony of Samsung’s Experts (“Wheeler Decl.”), filed herewith

16

under seal. It is Apple’s policy not to disclose or describe to third parties its confidential design,

17

trade secrets, or product development. (Wheeler Decl. ¶ 5.) The Apple-confidential material in

18

Exhibits 1, 22-23, 25, and 26 to the Bartlett Declaration relate to such trade secret information, as

19

detailed in the Wheeler Declaration. (Id. ¶ 2.) This information is highly confidential to Apple.

20

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

21

disadvantage if disclosed publicly. (Id.) The relief requested in this motion is necessary and is

22

narrowly tailored to protect confidential information, focusing only on specific portions of the

23

documents at issue. (Id. ¶¶ 2-6.)

24

Exhibits 3, 4, 8, 11, 13, 15, 16, 24, and 27 to the Bartlett Declaration, and the entire Winer

25

Declaration including Exhibit 1, contain materials and refer to information that Samsung has

26

designated as confidential under the protective order entered in this case. Apple expects that

27

pursuant to Civil Local Rule 79-5(d), Samsung will file a declaration seeking to establish good

28

cause to permit the sealing of these materials.
APPLE INC.’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
CASE NO. 11-CV-01846-LHK
sf- 3147738

1

1

The unredacted versions of Exhibits 1, 9, and 10 to the Bartlett Declaration contain

2

materials that Samsung has designated as confidential under the protective order entered in this

3

case. Samsung has provided Apple with specific instructions as to which portions of these

4

documents should be submitted under seal and which may be filed publicly. Apple expects that

5

pursuant to Civil Local Rule 79-5(d), Samsung will file a declaration seeking to establish good

6

cause to permit the sealing of these materials.

7

Exhibits 17 through 23 to the Bartlett Declaration contain damages- and survey-related

8

expert materials, which the parties have stipulated should be submitted to the Court under seal

9

and not placed on the public record. (Wheeler Decl. ¶ 2.)

10
11

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

12
13

Dated: May 17, 2012

MORRISON & FOERSTER LLP

14
15
16
17

By:

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

18
19
20
21
22
23
24
25
26
27
28
APPLE INC.’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
CASE NO. 11-CV-01846-LHK
sf- 3147738

2