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

Filing 996

Administrative Motion to File Under Seal Documents Under Seal Re Apples Opposition To Samsungs Motion To Strike Expert Testimony 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 Samsungs Motion To Strike Expert Testimony, #2 Declaration Of Mia Mazza In Support Of Apples Administrative Motion To File Documents Under Seal Re Apples Opposition To Samsungs Motion To Strike Expert Testimony, #3 [Proposed] Order Granting Apples Administrative Motion To File Documents Under Seal Re Apples Opposition To Samsungs Motion To Strike, #4 Apples Opposition To Samsungs Motion To Strike Expert Testimony Based On Undisclosed Facts And Theories, #5 Declaration Of Marc J. Pernick In Support Of Apples Opposition To Samsungs Motion To Strike Expert Testimony Based On Undisclosed Facts And Theories, #6 Exhibit Pernick Decl. Ex. 8, #7 Exhibit Pernick Decl. Ex. 10, #8 Exhibit Pernick Decl. Ex. 11, #9 Exhibit Pernick Decl. Ex. 12, #10 Exhibit Pernick Decl. Ex. 16, #11 Exhibit Pernick Decl. Ex. 17, #12 Exhibit Pernick Decl. Ex. 19, #13 Declaration Of Michel Maharbiz, Ph.D. In Support Of Apples Opposition To Samsungs Motion To Strike Expert Testimony, #14 Exhibit Maharbiz Decl. Ex. A, #15 Exhibit Maharbiz Decl. Ex. B, #16 [Proposed] Order Denying Samsungs Motion To Strike Expert Testimony (Dkt. No. 936))(Jacobs, Michael) (Filed on 5/31/2012) Modified on 6/3/2012 pursuant to General Order No. 62, attachment #1 and #2 Sealed (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 DOCUMENTS UNDER SEAL
RE APPLE’S OPPOSITION TO
SAMSUNG’S MOTION TO STRIKE
EXPERT TESTIMONY

Defendants.

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MOTION TO FILE DOCUMENTS UNDER SEAL RE APPLE’S OPP. TO MOTION TO STRIKE EXPERT TESTIMONY
CASE NO. 11-CV-01846-LHK (PSG)
sf-3150854

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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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Strike Expert Testimony (“Opposition”);

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2. The confidential, unredacted version of the Declaration of Michel Maharbiz, Ph.D. in

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Support of Apple’s Opposition to Samsung’s Motion to Strike Expert Testimony

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(“Maharbiz Declaration”);

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3. Exhibits C and D to the Maharbiz Declaration, which have been designated as confidential
as set forth below;
4. The Declaration of Terry L. Musika in Support of Apple’s Opposition to Samsung’s
Motion to Strike Expert Testimony (“Musika Declaration”);
5. Exhibits A, B, and C to the Musika Declaration, which have been designated as
confidential as set forth below;
6. The confidential, unredacted version of the Declaration of Marc J. Pernick in Support of

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Apple’s Opposition to Samsung’s Motion to Strike Expert Testimony (“Pernick

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Declaration”); and

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7. Exhibits 1-7, 9, 10, 13-15, 18, and 20-32 to the Pernick Declaration, which have been

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designated as confidential as set forth below.

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Exhibits A, B, and C to the Musika Declaration, and Exhibits 5-7, 9, 18, 20-32 to the

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Pernick Declaration contain information that is highly confidential as set out in the Declaration of

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Cyndi Wheeler in Support of Apple’s Administrative Motion to File Documents Under Seal

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(“Wheeler Declaration”), filed herewith under seal. It is Apple’s policy not to disclose or

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describe to third parties its confidential information like the information contained in the

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documents described above. (Wheeler Declaration ¶ 7.) The Apple-confidential material in these

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documents relates to such highly confidential business information, as detailed in the Wheeler

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Declaration. (Id. ¶¶ 2-6.) 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
MOTION TO FILE DOCUMENTS UNDER SEAL RE APPLE’S OPP. TO MOTION TO STRIKE EXPERT TESTIMONY
CASE NO. 11-CV-01846-LHK (PSG)
sf-3150854

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

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(Id. ¶ 9.)

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The Maharbiz Declaration and Exhibit D thereto, the Musika Declaration, and Exhibit 10

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to the Pernick Declaration contain materials that third-parties Atmel and Sony have designated as

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confidential. As described in the Declaration of Mia Mazza in Support of Apple’s Administrative

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Motion to File Documents Under Seal, filed herewith, this motion requests relief that is necessary

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and narrowly tailored to protect that confidential information.

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Exhibits C and D to the Maharbiz Declaration, and Exhibits 1-4, 10, and 13-15 to the

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Pernick Declaration contain materials that Samsung has designated as confidential under the

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protective order entered in this case. Apple expects that, pursuant to Civil Local Rule 79-5(d),

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Samsung will file a declaration seeking to establish good cause to permit the sealing of these

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materials.

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In addition, the Musika Declaration and Exhibits A-C thereto, and Exhibits 31-32 to the

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Pernick Declaration, contain highly confidential damages-related expert materials, which the

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parties have stipulated should be submitted to the Court under seal and not placed on the public

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record. (Wheeler Decl. ¶4.)

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Finally, to the extent Apple’s Opposition and the Pernick, Musika, and Maharbiz

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Declarations refer to or discuss the above-referenced materials, they could be used to Apple’s

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disadvantage by competitors if they were not filed under seal, for the same reasons. (Id. ¶ 8.)

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Pursuant to the Court’s standing order regarding motions to file under seal, effective

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December 1, 2011, attached is the proposed public redacted versions of the items that Apple is

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seeking to file under seal. Pursuant to Civil L.R. 79-(c), Apple will lodge with the Clerk the

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document at issue with the sealable portions highlighted.

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Dated: May 31, 2012

MORRISON & FOERSTER LLP

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By:
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/s/ Michael A. Jacobs
Michael A. Jacobs
Attorneys for Plaintiff
APPLE INC.

MOTION TO FILE DOCUMENTS UNDER SEAL RE APPLE’S OPP. TO MOTION TO STRIKE EXPERT TESTIMONY
CASE NO. 11-CV-01846-LHK (PSG)
sf-3150854

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