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

Filing 974

Declaration of Cyndi Wheeler in Support of #934 Administrative Motion to File Under Seal Re Samsungs Motion To Strike Expert Testimony 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 Declaration Of Mark D. Selwyn In Support Of Samsungs Administrative Motion To File Documents Under Seal Re Samsungs Motion To Strike Expert Testimony, #14 Selwyn Decl. Ex. 1, #15 Selwyn Decl. Ex. 2, #16 Proposed Order [Proposed] Order Granting Samsungs Administrative Motion To File Documents Under Seal Re Samsungs Motion To Strike Expert Testimony)(Related document(s) #934 ) (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-3150058 Case No. 11-cv-01846-LHK [PROPOSED] ORDER GRANTING SAMSUNG’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL RE SAMSUNG’S MOTION TO STRIKE EXPERT TESTIMONY 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. 934) in support of 4 Samsung’s Motion to Strike Expert Testimony Based on Undisclosed Facts and Theories 5 (“Motion to Strike”). Pursuant to Civil L.R. 79-5(d), Samsung moved to seal certain documents 6 designated as “CONFIDENTIAL” and “HIGHLY CONFIDENTIAL ATTORNEYS’ EYES 7 ONLY” by plaintiff Apple Inc. (“Apple”) under the interim protective order for the Northern 8 District of California. Also pursuant to Civil L.R. 79-5(d), for the purpose of establishing that the 9 designated information is sealable, Apple filed the Declaration of Cyndi Wheeler in Support of 10 Sealing Samsung’s Motion to Strike (“Wheeler Declaration”) and the Declaration of Mark D. 11 Selwyn in Support of Sealing Samsung’s Motion to Strike (“Selwyn Declaration”). The Wheeler 12 and Selwyn Declarations provide sufficient evidence that the documents and information 13 designated as confidential by Apple, and filed under seal by Samsung, are “privileged or 14 protectable as a trade secret or otherwise entitled to protection under the law,” and thus sealable. 15 Civil L.R. 79-5(a). 16 17 18 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 E, H, K, L, T, O, U, V, and X to the Declaration of James Ward in Support of 19 Samsung’s Motion to Strike; 20 21 • Exhibits B, C, D, E, F, H, I, K, L, M, O, P, Q, R, S, T, U, V, W, X, Y, Z, AA, BB, CC, 22 DD, FF and GG to the Declaration of Christopher Price in Support of Samsung’s Motion 23 to Strike; and 24 25 • The confidential, unredacted versions of Samsung’s Motion to Strike Expert Testimony, the Declaration of Christopher E. Price in Support of Samsung’s Motion to Strike, and the 26 Declaration of James Ward in Support of Samsung’s Motion to Strike, which include 27 28 information from the documents discussed above. [PROPOSED] ORDER CASE NO. 11-CV-01846-LHK sf-3150058 1 1 2 IT IS SO ORDERED. 3 Dated: _______________________ 4 5 ______________________________ Hon. Lucy H. Koh United States District Judge 6 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-3150058 2

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