Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
987
Administrative Motion to File Under Seal filed by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Attachments: #1 Proposed Order Granting Motion to Seal, #2 Declaration of Daniel Shim in Support of Motion to Seal, #3 Samsung's Opposition to Apple's Motion for Adverse Inference Jury Instructions, #4 Declaration of Thomas Watson, #5 Exhibit 1 to Watson, #6 Exhibit 2 to Watson, #7 Exhibit 3 to Watson, #8 Exhibit 4 to Watson, #9 Exhibit 5 to Watson, #10 Exhibit 6 to Watson, #11 Exhibit 7 to Watson, #12 Exhibit 8 to Watson, #13 Exhibit 9 to Watson, #14 Exhibit 10 to Watson, #15 Exhibit 11 to Watson, #16 Exhibit 12 to Watson, #17 Exhibit 13 to Watson, #18 Exhibit 14 to Watson, #19 Exhibit 15 to Watson, #20 Exhibit 16 to Watson, #21 Exhibit 17 to Watson, #22 Exhibit 18 to Watson, #23 Exhibit 19 to Watson, #24 Exhibit 20 to Watson, #25 Exhibit 21 to Watson, #26 Exhibit 22 to Watson, #27 Exhibit 23 to Watson, #28 Exhibit 24 to Watson, #29 Exhibit 25 to Watson, #30 Exhibit 26 to Watson, #31 Exhibit 27 to Watson, #32 Exhibit 28 to Watson, #33 Exhibit 29 to Watson, #34 Exhibit 30 to Watson, #35 Exhibit 31 to Watson, #36 Exhibit 32 to Watson, #37 Exhibit 33 to Watson, #38 Declaration of Sara Jenkins, #39 Declaration of Alex Binder, #40 Exhibit 1 to Binder, #41 Exhibit 2 to Binder, #42 Exhibit 3 to Binder, #43 Exhibit 4 to Binder, #44 Declaration of Hankil Kang, #45 Declaration of Don Joo Lee, #46 Declaration of Giho Ro, #47 Declaration of Han-Yeol Ryu, #48 Declaration of Heontae Son, #49 Declaration of Ioi Lam, #50 Declaration of Jong Dae Park, #51 Declaration of Joo Hyuk Kang, #52 Declaration of Kang Hyun Lee, #53 Declaration of Min Cheol Shin, #54 Declaration of Minhyouk Lee, #55 Declaration of Nara Cho, #56 Declaration of Se-Hyun Cho, #57 Declaration of Sungsik Lee, #58 Declaration of Won Pyo Hong, #59 Declaration of Wooup Kwon, #60 Declaration of Young-jo Lim, #61 Declaration of YoungSoon Lee, #62 Declaration of Kyu Hyuk Lee, #63 Declaration of Michael Finnegan, #64 Declaration of Byungil Kim, #65 Declaration of M. James Daley, #66 Declaration of Raymond Warren, #67 Proposed Order Denying Apple's Motion for Adverse Inference Jury Instructions)(Maroulis, Victoria) (Filed on 5/29/2012)
1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Cal. Bar No. 170151)
2 charlesverhoeven@quinnemanuel.com
50 California Street, 22nd Floor
3 San Francisco, California 94111
Telephone: (415) 875-6600
4 Facsimile: (415) 875-6700
5 Kevin P.B. Johnson (Cal. Bar No. 177129)
kevinjohnson@quinnemanuel.com
6 Victoria F. Maroulis (Cal. Bar No. 202603)
victoriamaroulis@quinnemanuel.com
7 555 Twin Dolphin Drive 5th Floor
Redwood Shores, California 94065
8 Telephone: (650) 801-5000
Facsimile: (650) 801-5100
9
Michael T. Zeller (Cal. Bar No. 196417)
10 michaelzeller@quinnemanuel.com
865 S. Figueroa St., 10th Floor
11 Los Angeles, California 90017
Telephone: (213) 443-3000
12 Facsimile: (213) 443-3100
13 Attorneys for SAMSUNG ELECTRONICS
CO., LTD., SAMSUNG ELECTRONICS
14 AMERICA, INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC
15
16
UNITED STATES DISTRICT COURT
17
NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION
18 APPLE INC., a California corporation,
CASE NO. 11-cv-01846-LHK
19
SAMSUNG’S ADMINISTRATIVE
MOTION TO FILE DOCUMENTS
UNDER SEAL
20
Plaintiff,
vs.
21 SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity; SAMSUNG
22 ELECTRONICS AMERICA, INC., a New
York corporation; SAMSUNG
23 TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,
24
Defendants.
25
26
27
28
Case No. 11-cv-01846-LHK
SAMSUNG’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
1
Pursuant to Civil L.R. 7-11 and 79-5, and General Order No. 62, Defendants Samsung
2 Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications
3 America, LLC (collectively, “Samsung”) hereby bring this administrative motion for an order to
4 seal the following:
5
1.
6
7
The confidential, unredacted version of Samsung’s Opposition to Apple’s Motion
for Adverse Jury Instructions Due to Samsung’s Spoliation of Evidence;
2.
The confidential, unredacted version of the Declaration of Hankil Kang in Support
8
of Opposition to Apple Inc.’s Motion for Adverse Inference Jury Instructions Due
9
to Samsung’s Spoliation of Evidence;
10
3.
The confidential, unredacted version of the Declaration of Byungil Kim in Support
11
of Opposition to Apple Inc.’s Motion for Adverse Inference Jury Instructions Due
12
to Samsung’s Spoliation of Evidence;
13
4.
The confidential, unredacted version of the Declaration of Young-jo Lim in
14
Support of Opposition to Apple Inc.’s Motion for Adverse Inference Jury
15
Instructions Due to Samsung’s Spoliation of Evidence;
16
5.
The confidential, unredacted version of the Declaration of Giho Ro in Support of
17
Opposition to Apple Inc.’s Motion for Adverse Inference Jury Instructions Due to
18
Samsung’s Spoliation of Evidence;
19
6.
The confidential, unredacted version of the Declaration of Han-Yeol Ryu in
20
Support of Opposition to Apple Inc.’s Motion for Adverse Inference Jury
21
Instructions Due to Samsung’s Spoliation of Evidence;
22
7.
The confidential, unredacted version of the Declaration of Heontae Son in Support
23
of Opposition to Apple Inc.’s Motion for Adverse Inference Jury Instructions Due
24
to Samsung’s Spoliation of Evidence;
25
8.
The confidential, unredacted version of the Declaration of Se-Hyun Cho in Support
26
of Opposition to Apple Inc.’s Motion for Adverse Inference Jury Instructions Due
27
to Samsung’s Spoliation of Evidence;
28
Case No. 11-cv-01846-LHK
SAMSUNG’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
-1-
1
9.
The confidential, unredacted version of the Declaration of Nara Cho in Support of
2
Opposition to Apple Inc.’s Motion for Adverse Inference Jury Instructions Due to
3
Samsung’s Spoliation of Evidence;
4
10.
The confidential, unredacted version of the Declaration of Michael Finnegan in
5
Support of Opposition to Apple Inc.’s Motion for Adverse Inference Jury
6
Instructions Due to Samsung’s Spoliation of Evidence;
7
11.
The confidential, unredacted version of the Declaration of Woo-up Kwon in
8
Support of Opposition to Apple Inc.’s Motion for Adverse Inference Jury
9
Instructions Due to Samsung’s Spoliation of Evidence;
10
12.
The confidential, unredacted version of the Declaration of Ioi Lam in Support of
11
Opposition to Apple Inc.’s Motion for Adverse Inference Jury Instructions Due to
12
Samsung’s Spoliation of Evidence;
13
13.
The confidential, unredacted version of the Declaration of Don Joo Lee in Support
14
of Opposition to Apple Inc.’s Motion for Adverse Inference Jury Instructions Due
15
to Samsung’s Spoliation of Evidence;
16
14.
The confidential, unredacted version of the Declaration of Kang Hyun Lee in
17
Support of Opposition to Apple Inc.’s Motion for Adverse Inference Jury
18
Instructions Due to Samsung’s Spoliation of Evidence;
19
15.
The confidential, unredacted version of the Declaration of Kyu Hyuk Lee in
20
Support of Opposition to Apple Inc.’s Motion for Adverse Inference Jury
21
Instructions Due to Samsung’s Spoliation of Evidence;
22
16.
The confidential, unredacted version of the Declaration of Minhyouk Lee in
23
Support of Opposition to Apple Inc.’s Motion for Adverse Inference Jury
24
Instructions Due to Samsung’s Spoliation of Evidence;
25
17.
The confidential, unredacted version of the Declaration of Sungsik Lee in Support
26
of Opposition to Apple Inc.’s Motion for Adverse Inference Jury Instructions Due
27
to Samsung’s Spoliation of Evidence;
28
Case No. 11-cv-01846-LHK
SAMSUNG’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
-2-
1
18.
The confidential, unredacted version of the Declaration of Min Cheol Schin in
2
Support of Opposition to Apple Inc.’s Motion for Adverse Inference Jury
3
Instructions Due to Samsung’s Spoliation of Evidence;
4
19.
The confidential, unredacted version of the Declaration of YoungSoon Lee in
5
Support of Opposition to Apple Inc.’s Motion for Adverse Inference Jury
6
Instructions Due to Samsung’s Spoliation of Evidence;
7
20.
The confidential, unredacted version of the Declaration of Jong-Dae Park in
8
Support of Opposition to Apple Inc.’s Motion for Adverse Inference Jury
9
Instructions Due to Samsung’s Spoliation of Evidence;
10
21.
The confidential, unredacted version of the Declaration of M. James Daley in
11
Support of Opposition to Apple Inc.’s Motion for Adverse Inference Jury
12
Instructions Due to Samsung’s Spoliation of Evidence;
13
22.
The confidential, unredacted version of the Declaration of Joo Hyuk Kang in
14
Support of Opposition to Apple Inc.’s Motion for Adverse Inference Jury
15
Instructions Due to Samsung’s Spoliation of Evidence;
16
23.
The confidential, unredacted version of the Declaration of Won Pyo Hong in
17
Support of Opposition to Apple Inc.’s Motion for Adverse Inference Jury
18
Instructions Due to Samsung’s Spoliation of Evidence;
19
24.
The confidential, unredacted version of the Declaration of Alex Binder in Support
20
of Opposition to Apple Inc.’s Motion for Adverse Inference Jury Instructions Due
21
to Samsung’s Spoliation of Evidence (“the Binder Declaration”);
22
25.
Exhibits 1 to the Binder Declaration;
23
26.
Exhibits 2-3 to the Binder Declaration;
24
27.
The confidential, unredacted version of the Declaration of Sara Jenkins in Support
25
of Opposition to Apple Inc.’s Motion for Adverse Inference Jury Instructions Due
26
to Samsung’s Spoliation of Evidence; and
27
28
Case No. 11-cv-01846-LHK
SAMSUNG’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
-3-
1
28.
Exhibits 1, 4-30, 32, and 33 to the Declaration of Thomas Watson in Support of
2
Opposition to Apple Inc.’s Motion for Adverse Inference Jury Instructions Due to
3
Samsung’s Spoliation of Evidence.
4
In short, the above documents discuss, refer to, or comprise excerpts of documents or other
5 information that Samsung or Apple have designated as HIGHLY CONFIDENTIAL –
6 ATTORNEYS’ EYES ONLY under the Protective Order. Apple has designated Exhibits 2 and 3
7 to the Binder Declaration HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.
8 Samsung expects that Apple will file a declaration pursuant to Civil L.R. 79-5(d) establishing
9 good cause to seal these documents. Samsung has established good cause to permit filing items
10 1-25 and 27-28 under seal through the Declaration of Daniel Shim in Support of Samsung’s
11 Administrative Motion to File Documents Under Seal, filed herewith.
12
Pursuant to General Order No. 62, Samsung’s entire filing will be lodged with the Court
13 for in camera review and served on all parties. Proposed redacted versions of items 1-24 and 27
14 have been filed concurrently with this motion.
15
16
17 DATED: May 29, 2012
18
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
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By
/s/ Victoria Maroulis
Charles K. Verhoeven
Kevin P.B. Johnson
Victoria F. Maroulis
Michael T. Zeller
Attorneys for SAMSUNG ELECTRONICS CO.,
LTD., SAMSUNG ELECTRONICS AMERICA,
INC., and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC
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27
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Case No. 11-cv-01846-LHK
SAMSUNG’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
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