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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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-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

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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. 934) in support of

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Samsung’s Motion to Strike Expert Testimony Based on Undisclosed Facts and Theories

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(“Motion to Strike”). Pursuant to Civil L.R. 79-5(d), Samsung moved to seal certain documents

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designated as “CONFIDENTIAL” and “HIGHLY CONFIDENTIAL ATTORNEYS’ EYES

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ONLY” by plaintiff Apple Inc. (“Apple”) under the interim protective order for the Northern

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

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

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

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

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and Selwyn Declarations provide sufficient evidence that the documents and information

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

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protectable as a trade secret or otherwise entitled to protection under the law,” and thus sealable.

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Civil L.R. 79-5(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 E, H, K, L, T, O, U, V, and X to the Declaration of James Ward in Support of

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Samsung’s Motion to Strike;
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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,

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DD, FF and GG to the Declaration of Christopher Price in Support of Samsung’s Motion

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to Strike; and

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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

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Declaration of James Ward in Support of Samsung’s Motion to Strike, which include
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information from the documents discussed above.
[PROPOSED] ORDER
CASE NO. 11-CV-01846-LHK
sf-3150058

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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-3150058

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