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

Filing 997

Administrative Motion to File Under Seal Document Under Seal Re Apples Opposition To Samsungs Motion For Summary Judgment filed by Apple Inc.. (Attachments: #1 [Proposed] Order Granting Apples Administrative Motion To File Document Under Seal Re Apples Opposition To Samsungs Motion For Summary Judgment, #2 Apples Opposition To Samsungs Motion For Summary Judgment, #3 [Proposed] Order Denying Samsungs Motion For Summary Judgment (Dkt. No. 930-1))(Jacobs, Michael) (Filed on 5/31/2012)

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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,

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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,

Case No. 11-cv-01846-LHK
APPLE’S ADMINISTRATIVE
MOTION TO FILE DOCUMENT
UNDER SEAL RE APPLE’S
OPPOSITION TO SAMSUNG’S
MOTION FOR SUMMARY
JUDGMENT

Defendants.

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APPLE’S ADMIN. MOTION TO FILE UNDER SEAL RE OPP. TO SAMSUNG’S MOT. FOR SUMMARY JUDGMENT
CASE NO. 11-CV-01846-LHK
sf-3150843

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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 confidential, unredacted version of Apple’s

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Opposition to Samsung’s Motion for Summary Judgment (“Opposition”).

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The Opposition contains information that is highly confidential as set out in the

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

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

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describe to third parties its confidential financial, design, trade secrets, or product development

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information. (Wheeler Declaration ¶ 11.) The Apple-confidential material in the Opposition

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relates to such confidential information, as detailed in the Wheeler Declaration. (Id. ¶ 1-10.)

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This information is highly confidential to Apple and could be used by Apple’s competitors to

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Apple’s disadvantage if disclosed publicly. (Id.) The relief requested in this motion is necessary

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and is narrowly tailored to protect confidential information, focusing only on specific portions of

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the brief at issue. (Id. ¶ 14.)

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Certain portions of the Opposition refer to information 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. In addition, the Opposition contains highly confidential damages-

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related expert materials, which the parties have stipulated should be submitted to the Court under

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seal and not placed on the public record. (Wheeler Decl. ¶ 12.)

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Pursuant to Civil Local Rule 79-(c), Apple will lodge with the Clerk a fully unsealed

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version of the Opposition 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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APPLE’S ADMIN. MOTION TO FILE UNDER SEAL RE OPP. TO SAMSUNG’S MOT. FOR SUMMARY JUDGMENT
CASE NO. 11-CV-01846-LHK
sf-3150843

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