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

Filing 991

Administrative Motion to File Under Seal Documents Re Apples Opposition To Samsungs Motion To Exclude Opinions Of Certain Of Apple Experts filed by Apple Inc.. (Attachments: #1 Declaration Of Cyndi Wheeler In Support Of Apples Administrative Motion To File Under Seal Documents Re Apples Opposition to Exclude Apple Experts Opinions, #2 [Proposed] Order Granting Apples Administrative Motion To File Under Seal, #3 Apples Opposition To Samsungs Motion To Exclude Opinions Of Certain Of Apples Experts, #4 Declaration Of Mia Mazza In Support Of Apples Opposition To Samsungs Motion To Exclude Opinions Of Certain Of Apples Experts, #5 Exhibit Mazza Decl. Ex. D, #6 Exhibit Mazza Decl. Ex. F, #7 Exhibit Mazza Decl. Ex. G, #8 Exhibit Mazza Decl. Ex. J, #9 Exhibit Mazza Decl. Ex. K, #10 Exhibit Mazza Decl. Ex. L, #11 Exhibit Mazza Decl. Ex. R, #12 Exhibit Mazza Decl. Ex. S, #13 Exhibit Mazza Decl. Ex. T, #14 Exhibit Mazza Decl. Ex. U, #15 Exhibit Mazza Decl. Ex. V, #16 Exhibit Hauser Decl. Ex. B, #17 Exhibit Hauser Decl. Ex. C, #18 Exhibit Hauser Decl. Ex. D, #19 Exhibit Hauser Decl. Ex. E, #20 Exhibit Musika Decl. Ex. S, #21 Exhibit Musika Decl. Ex. T, #22 Exhibit Musika Decl. Ex. U, #23 [Proposed] Order Denying Samsungs Motion To Exclude Opinions Of Apples Experts)(Jacobs, Michael) (Filed on 5/31/2012) Modified on 6/3/2012 attachment #1 Sealed pursuant to General Order No. 62 (dhm, COURT STAFF).

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HAROLD J. MCELHINNY (CA SBN 66781)
[e-mail]
MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
JENNIFER LEE TAYLOR (CA SBN 161368)
[e-mail]
ALISON M. TUCHER (CA SBN 171363)
[e-mail]
RICHARD S.J. HUNG (CA SBN 197425)
[e-mail]
JASON R. BARTLETT (CA SBN 214530)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: [phone]

WILLIAM F. LEE
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Telephone: [phone]
Facsimile: [phone]
MARK D. SELWYN (SBN 244180)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff and
Counterclaim-Defendant APPLE INC.

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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,
Plaintiff,

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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,

Case No. 11-cv-01846-LHK (PSG)
ADMINISTRATIVE MOTION TO
FILE UNDER SEAL DOCUMENTS
RE APPLE’S OPPOSITION TO
SAMSUNG’S MOTION TO
EXCLUDE OPINIONS OF CERTAIN
OF APPLE EXPERTS

Defendants.

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MOTION TO FILE UNDER SEAL DOCUMENTS RE APPLE’S OPPOSITION TO MOT. TO EXCLUDE EXPERT OPINIONS
CASE NO. 11-CV-01846-LHK (PSG)
sf-3150856

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In accordance with Civil Local Rules 7-11 and 79-5, and General Order No. 62, Apple Inc.

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(“Apple”) submits this motion for an order to seal the following documents or portions thereof:

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1. The confidential, unredacted version of Apple’s Opposition to Samsung’s Motion to

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Exclude Opinions of Certain of Apple’s Experts (“Opposition”);
2. The Declaration of Terry L. Musika, CPA in Support of Apple’s Opposition to Samsung’s
Motion to Exclude Opinions of Certain of Apple’s Experts (“Musika Declaration”);
3. Exhibits A through R and V through AA to the Musika Declaration, which have been
designated as confidential as set forth below;
4. The Declaration of John Hauser (“Hauser Declaration”);
5. Exhibit A to the Hauser Declaration, which has been designated as confidential as set
forth below;

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6. Exhibits A through C, E, H, and I, and M through Q to the Declaration of Mia Mazza in

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Support of Apple’s Opposition to Samsung’s Motion to Exclude Opinions of Certain of

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Apple’s Experts (“Mazza Declaration”), which have been designated as confidential as set

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forth below.

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Exhibits A, B, K, L, M, W, Y, Z, and AA to the Musika Declaration, Exhibit A to the

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Hauser Declaration, and Exhibits M through Q to the Mazza Declaration contain information that

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is highly confidential as set out in the Declaration of Cyndi Wheeler in Support of Apple’s

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Administrative Motion to File Documents Under Seal (“Wheeler Declaration”), filed herewith

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under seal. It is Apple’s policy not to disclose or describe to third parties its confidential financial,

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trade secrets, or product development information. (Wheeler Declaration ¶ 5.) The Apple-

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confidential material in these exhibits relates to such confidential information, as detailed in the

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Wheeler Declaration. (Id. ¶¶ 2-5.) This information is highly confidential to Apple. (Id.) The

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information described above could be used by Apple’s competitors to Apple’s disadvantage if

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disclosed publicly. (Id.) The relief requested in this motion is necessary and is narrowly tailored

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to protect confidential information, focusing only on specific portions of the documents at issue.

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(Id. ¶ 8.)

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MOTION TO FILE UNDER SEAL DOCUMENTS RE APPLE’S OPPOSITION TO MOT. TO EXCLUDE EXPERT OPINIONS
CASE NO. 11-CV-01846-LHK (PSG)
sf-3150856

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Exhibits C, D, E, F, G, H, I, J, N, O, P, Q, R, V, and X to the Musika Declaration, and

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Exhibits E, H, and I to the Mazza Declaration, contain materials that Samsung has designated as

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confidential under the protective order entered in this case. Apple expects that, pursuant to Civil

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Local Rule 79-5(d), Samsung will file a declaration seeking to establish good cause to permit the

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sealing of these materials. Apple also separately submits the Declaration of Mark D. Selwyn in

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Support of Apple’s Motion to File Documents under Seal regarding third party confidential

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material contained in Exhibit I to the Mazza Declaration.

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In addition, the Musika Declaration and Exhibits A, B, L, M, Y, Z, and AA thereto; the
Hauser Declaration and Exhibit A thereto, and Exhibits A, B, and Q to the Mazza Declaration

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contain highly confidential damages- and survey-related expert materials, which the parties have

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stipulated should be submitted to the Court under seal and not placed on the public record.

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(Wheeler Decl. ¶ 6.)

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Finally, to the extent Apple’s Motion and the Musika and Hauser Declarations refer to or

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discuss the above-referenced materials, they could be used to Apple’s disadvantage by

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competitors if they were not filed under seal, for the same reasons. (Id. ¶ 6.)

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Pursuant to Civil Local Rule 79-(c), Apple will lodge with the Clerk the documents at
issue with the sealable portions highlighted.

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Dated: May 31, 2012

MORRISON & FOERSTER LLP

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By:

/s/ Michael A. Jacobs
MICHAEL A. JACOBS
Attorneys for Plaintiff
APPLE INC.

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MOTION TO FILE UNDER SEAL DOCUMENTS RE APPLE’S OPPOSITION TO MOT. TO EXCLUDE EXPERT OPINIONS
CASE NO. 11-CV-01846-LHK (PSG)
sf-3150856

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