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

Filing 972

Declaration of Cyndi Wheeler in Support of #927 Administrative Motion to File Under Seal Samsung's Motion to Exclude Opinions of Certain of Apple's Experts filed byApple Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Declaration Of Mark D. Selwyn In Support Of Samsungs Administrative Motion To File Documents Under Seal Re Samsungs Motion To Exclude Opinions Of Certain Apple Experts, #6 Selwyn Exhibit 1, #7 Proposed Order [Proposed] Order Granting Samsungs Administrative Motion To File Documents Under Seal Re Samsungs Motion To Exclude Opinions Of Certain Apple Experts)(Related document(s) #927 ) (Bartlett, Jason) (Filed on 5/24/2012)

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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.
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,
Defendants.

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[PROPOSED] ORDER
CASE NO. 11-CV-01846-LHK
sf-3149920

Case No. 11-cv-01846-LHK
[PROPOSED] ORDER GRANTING
SAMSUNG’S ADMINISTRATIVE
MOTION TO FILE DOCUMENTS
UNDER SEAL RE SAMSUNG’S
MOTION TO EXCLUDE OPINIONS
OF CERTAIN APPLE EXPERTS

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Defendants Samsung Electronics Co. Ltd., Samsung Electronics America, Inc., and

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Samsung Telecommunications America, LLC (collectively, “Samsung”) filed Samsung’s

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Administrative Motion to File Documents Under Seal on May 17, 2012 (D.N. 927) in support of

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Samsung’s Motion to Exclude Opinions of Certain Apple Experts (“Motion to Exclude”).

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Pursuant to Civil L.R. 79-5(d), Samsung moved to seal certain documents designated as

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“CONFIDENTIAL” and “HIGHLY CONFIDENTIAL ATTORNEYS’ EYES ONLY” by

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plaintiff Apple Inc. (“Apple”) under the protective order for the Northern District of California.

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Also pursuant to Civil L.R. 79-5(d), for the purpose of establishing that the designated

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information is sealable, Apple filed the Declaration of Cyndi Wheeler in Support of Sealing

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Samsung’s Motion to Exclude (“Wheeler Declaration”) and the Declaration of Mark D. Selwyn

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in Support of Sealing Samsung’s Motion to Exclude (“Selwyn Declaration”). The Wheeler and

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Selwyn Declarations provide sufficient evidence that the documents and information designated

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as confidential by Apple, and filed under seal by Samsung, are “privileged or protectable as a

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trade secret or otherwise entitled to protection under the law,” and thus sealable. Civil L.R. 79-

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5(a).

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Accordingly, IT IS HEREBY ORDERED that the following documents shall be filed
under seal, as and to the extent described in the Wheeler and Selwyn Declarations:
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Exhibits 1-8, 10-12, 15, 18, 26-27, 32, and 34 to the Declaration of Joby Martin in

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Support of Samsung’s Motion to Exclude Opinions of Certain Apple Experts.
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The confidential, unredacted versions of Samsung’s Motion to Exclude Opinions of

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Certain Apple Experts and the Declaration of Joby Martin in Support of Samsung’s

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Motion to Exclude Opinions of Certain Apple Experts, which includes information from

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the documents discussed above.

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[PROPOSED] ORDER
CASE NO. 11-CV-01846-LHK
sf-3149920

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IT IS SO ORDERED.

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Dated: _______________________
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______________________________
Hon. Lucy H. Koh
United States District Judge

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[PROPOSED] ORDER
CASE NO. 11-CV-01846-LHK
sf-3149920

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