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

Filing 973

Declaration of Cyndi Wheeler in Support of #930 Administrative Motion to File Under Seal Samsung's Motion for Summary Judgment filed byApple Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Declaration Of Mark D. Selwyn In Support Of Samsungs Administrative Motion To File Documents Under Seal Re Samsungs Motion For Summary Judgment, #19 Proposed Order [Proposed] Order Granting Samsungs Administrative Motion To File Documents Under Seal Re Samsungs Motion For Summary Judgment)(Related document(s) #930 ) (Bartlett, Jason) (Filed on 5/24/2012)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 APPLE INC., a California corporation, 12 13 14 15 16 17 18 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. 19 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER CASE NO. 11-CV-01846-LHK sf-3150066 Case No. 11-cv-01846-LHK [PROPOSED] ORDER GRANTING SAMSUNG’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL RE SAMSUNG’S MOTION FOR SUMMARY JUDGMENT 1 Defendants Samsung Electronics Co. Ltd., Samsung Electronics America, Inc., and 2 Samsung Telecommunications America, LLC (collectively, “Samsung”) filed Samsung’s 3 Administrative Motion to File Documents Under Seal on May 17, 2012 (D.N. 930) in support of 4 Samsung’s Motion for Summary Judgment. Pursuant to Civil L.R. 79-5(d), Samsung moved to 5 seal certain documents designated as “CONFIDENTIAL” and “HIGHLY CONFIDENTIAL 6 ATTORNEYS’ EYES ONLY” by plaintiff Apple Inc. (“Apple”) under the interim protective 7 order for the Northern District of California. Also pursuant to Civil L.R. 79-5(d), for the purpose 8 of establishing that the designated information is sealable, Apple filed the Declaration of Cyndi 9 Wheeler in Support of Sealing Samsung’s Motion for Summary Judgment (“Wheeler 10 Declaration”) and the Declaration of Mark D. Selwyn in Support of Sealing Samsung’s Motion 11 for Summary Judgment (“Selwyn Declaration”). The Wheeler and Selwyn Declarations provide 12 sufficient evidence that the documents and information designated as confidential by Apple, and 13 filed under seal by Samsung, are “privileged or protectable as a trade secret or otherwise entitled 14 to protection under the law,” and thus sealable. Civil L.R. 79-5(a). 15 16 17 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: • Exhibits 3, 15, 37, 38-39, 42-45, 49, 51-52, 55-58, 60-61, 63, 66-71, 72a-i, 73-74, 78-79, 18 and 82 to the Declaration of Brett Arnold in Support of Samsung’s Motion for Summary 19 Judgment; 20 21 • Samsung’s Motion for Summary Judgment; 22 23 • 24 25 Exhibits 9-10, 16, and 18-20 to the Declaration of Brian von Herzen in Support of Exhibits 9 and 11 to the Declaration of Stephen Gray in Support of Samsung’s Motion for Summary Judgment; • The confidential, unredacted versions of Samsung’s Motion for Summary Judgment, the 26 27 28 Declaration of Brett Arnold in Support of Samsung’s Motion for Summary Judgment, the Declaration of Brian von Herzen in Support of Samsung’s Motion for Summary [PROPOSED] ORDER CASE NO. 11-CV-01846-LHK sf-3150066 1 1 Judgment, and the Declaration of Stephen Gray in Support of Samsung’s Motion for 2 Summary Judgment, which include information from the documents discussed above. 3 4 5 IT IS SO ORDERED. Dated: _______________________ 6 ______________________________ Hon. Lucy H. Koh United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER CASE NO. 11-CV-01846-LHK sf-3150066 2

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