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

Filing 1981

ORDER RE: MOTIONS TO SEAL by Judge Paul S. Grewal denying #766 ; granting in part and denying in part #890 ; granting in part and denying in part #962 ; granting in part and denying in part #963 ; granting in part and denying in part #964 ; granting #965 ; granting #978 ; granting #985 ; granting in part and denying in part #989 ; denying #992 ; granting in part and denying in part #1009 ; granting in part and denying in part #1011 ; granting in part and denying in part #1017 ; granting in part and denying in part #1018 ; granting in part and denying in part #1169 ; granting in part and denying in part #1170 ; granting in part and denying in part #1171 ; granting #1172 ; granting in part and denying in part #1173 ; granting #1174 ; granting in part and denying in part #1175 ; granting #1214 ; granting in part and denying in part #1218 ; denying #1258 ; denying #1280 ; denying #1282 ; denying #1289 ; denying #1320 ; denying #1322 ; denying #1323 . (psglc1S, COURT STAFF) (Filed on 9/18/2014)

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United States District Court
For the Northern District of California

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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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)
)
)
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.
)
APPLE INC., a California Corporation,

Case No.: 5:12-cv-0630-LHK-PSG
ORDER RE: MOTIONS TO SEAL
(Re: Docket Nos. 766, 890, 962, 963, 964,
965, 978, 985, 989, 992, 1009, 1011, 1017,
1018, 1169, 1170, 1171, 1172, 1173, 1174,
1175, 1214, 1218, 1258, 1280, 1282, 1289,
1320, 1322, 1323)

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Before the court are 30 administrative motions to seal hundreds of documents.

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“Historically, courts have recognized a ‘general right to inspect and copy public records and

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documents, including judicial records and documents.’”1 Accordingly, when considering a sealing

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request, “a ‘strong presumption in favor of access’ is the starting point.”2 Parties seeking to seal

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1

Kamakana v. City & County of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Nixon v.
Warner Commc’ns, Inc., 435 U.S. 589, 597 & n. 7 (1978)).
1
Case No.: 5:12-cv-0630-LHK-PSG
ORDER RE: MOTIONS TO SEAL

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judicial records relating to dispositive motions bear the burden of overcoming the presumption

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with “compelling reasons” that outweigh the general history of access and the public policies

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favoring disclosure.3

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However, “while protecting the public's interest in access to the courts, we must remain
mindful of the parties' right to access those same courts upon terms which will not unduly harm
their competitive interest.”4 Records attached to nondispositive motions therefore are not subject
to the strong presumption of access.5 Because the documents attached to nondispositive motions
“are often unrelated, or only tangentially related, to the underlying cause of action,” parties moving

United States District Court
For the Northern District of California

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to seal must meet the lower “good cause” standard of Rule 26(c).6 As with dispositive motions, the

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standard applicable to nondispositive motions requires a “particularized showing”7 that “specific

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prejudice or harm will result” if the information is disclosed.8 “Broad allegations of harm,

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unsubstantiated by specific examples of articulated reasoning” will not suffice.9 A protective order

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sealing the documents during discovery may reflect the court’s previous determination that good
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cause exists to keep the documents sealed,10 but a blanket protective order that allows the parties to

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2

Id. (quoting Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003)).

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3

Id. at 1178-79.

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4

Apple Inc. v. Samsung Electronics Co., Ltd., 727 F.3d 1214, 1228-29 (Fed. Cir. 2013).

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5

See id. at 1180.

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6

Id. at 1179 (internal quotations and citations omitted).

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7

Id.

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8

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Phillips ex rel. Estates of Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002);
see Fed. R. Civ. P. 26(c).
9

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Beckman Indus., Inc. v. Int’l Ins. Co., 966 F.2d 470, 476 (9th Cir. 1992).

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See Kamakana, 447 F.3d at 1179-80.
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Case No.: 5:12-cv-0630-LHK-PSG
ORDER RE: MOTIONS TO SEAL

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designate confidential documents does not provide sufficient judicial scrutiny to determine whether
each particular document should remain sealed.11
In addition to making particularized showings of good cause, parties moving to seal

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documents must comply with the procedures established by Civ. L.R. 79-5. Pursuant to
Civ. L.R. 79-5(b), a sealing order is appropriate only upon a request that establishes the document
is “sealable,” or “privileged or protectable as a trade secret or otherwise entitled to protection under

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the law.” “The request must be narrowly tailored to seek sealing only of sealable material, and
must conform with Civil L.R. 79-5(d).”12 “Within 4 days of the filing of the Administrative

United States District Court
For the Northern District of California

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Motion to File Under Seal, the Designating Party must file a declaration as required by subsection

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79-5(d)(1)(A) establishing that all of the designated material is sealable.”13

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With these standards in mind, the courts rules on the instant motions as follows:
Motion
to Seal
766

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16

890

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18

Document to be Sealed

Result

Notice Of Motion Related
To September 20, 2013
Hearing
Apple’s Motion to Strike
Arguments from
Samsung’s Invalidity and
Non-Infringement Expert
Reports Regarding Apple
Patents

UNSEALED.

No declaration filed.

Yellow highlighting in Docket
No. 882-3 and portions indicated
in Docket No. 940 SEALED;
remainder UNSEALED.

Exhibit 1 to the Furman

Boxed in blue in Docket No.

Sealed portions
narrowly tailored to
confidential source
code and business
information; unsealed
portions lack
supporting
declaration.
Sealed portions

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21
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23
24
25
26

890
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See Civ. L.R. 79-5(d)(1)(A) (“Reference to a stipulation or protective order that allows a party to
designate certain documents as confidential is not sufficient to establish that a document, or
portions thereof, are sealable.”).

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Civ. L.R. 79-5(b). In part, Civ. L.R. 79-5(d) requires the submitting party to attach a “proposed
order that is narrowly tailored to seal only the sealable material” which “lists in table format each
document or portion thereof that is sought to be sealed,” Civ. L.R. 79-5(d)(1)(b), and an
“unreadacted version of the document” that indicates “by highlighting or other clear method, the
portions of the document that have been omitted from the redacted version.”
Civ. L.R. 79-5(d)(1)(d).

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Reason/Explanation

Civ. L.R. 79-5(e)(1). The Civil Local Rules have recently been amended shortening the time
available to the designating party to file a supporting declaration from seven days to four days. As
this rule change was only recently implemented the court applies the prior form of Civ. L.R. 79-5
for the purposes of this order.
3
Case No.: 5:12-cv-0630-LHK-PSG
ORDER RE: MOTIONS TO SEAL

Declaration

882-7 SEALED; remainder
UNSEALED.

890

Exhibit 2 to the Furman
Declaration

Boxed in blue in Docket No.
882-8 and portions indicated in
Docket No. 940 SEALED;
remainder UNSEALED.

890

Exhibit 3 to the Furman
Declaration

UNSEALED.

narrowly tailored to
confidential source
code and business
information; unsealed
portions lack
supporting
declaration.
Sealed portions
narrowly tailored to
confidential source
code and business
information; unsealed
portions lack
supporting
declaration.
No declaration filed.

890

Exhibit 4 to the Furman
Declaration
Exhibit 5 to the Furman
Declaration

UNSEALED.

No declaration filed.

Portions indicated in Docket No.
940 SEALED; remainder
UNSEALED.

890

Exhibit 6 to the Furman
Declaration

Boxed in blue in Docket No.
882-12 SEALED; remainder
UNSEALED.

890

Exhibit 7 to the Furman
Declaration

Boxed in blue in Docket No.
882-13 and portions indicated in
Docket No. 940 SEALED;
remainder UNSEALED.

890

Exhibit 8 to the Furman
Declaration
Exhibit 9 to the Furman
Declaration
Exhibit 10 to the Furman
Declaration
Exhibit 11 to the Furman
Declaration

UNSEALED.

Sealed portions
narrowly tailored to
confidential source
code and business
information; unsealed
portions lack
supporting
declaration.
Sealed portions
narrowly tailored to
confidential source
code and business
information; unsealed
portions lack
supporting
declaration.
Sealed portions
narrowly tailored to
confidential source
code and business
information; unsealed
portions lack
supporting
declaration.
No declaration filed.

UNSEALED.

No declaration filed.

UNSEALED.

No declaration filed.

Portions indicated in Docket No.
940 SEALED.

Sealed portions
narrowly tailored to
confidential source

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9

United States District Court
For the Northern District of California

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890

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25

890

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890

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890

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4
Case No.: 5:12-cv-0630-LHK-PSG
ORDER RE: MOTIONS TO SEAL

1

code and business
information.
Sealed portions
narrowly tailored to
confidential source
code and business
information.
No declaration filed.

890

Exhibit 12 to the Furman
Declaration

Portions indicated in Docket No.
940 SEALED.

4

890

UNSEALED.

5

890

Exhibit 13 to the Furman
Declaration
Exhibit 14 to the Furman
Declaration

Exhibit 16 to the Furman
Declaration
Exhibit 17 to the Furman
Declaration

UNSEALED.

Exhibit 22 to the Furman
Declaration
Exhibit 27 to the Furman
Declaration

UNSEALED.

890

Exhibit 28 to the Furman
Declaration

Boxed in blue in 882-51
SEALED.

890

Exhibit 35 to the Furman
Declaration
Exhibit 36 to the Furman
Declaration

UNSEALED.

890

Exhibit 37 to the Furman
Declaration

Portions indicated in Docket No.
940 SEALED.

890

Exhibit 41 to the Furman
Declaration
Exhibit 42 to the Furman
Declaration

UNSEALED.

Exhibit 43 to the Furman
Declaration
Samsung’s Opposition to

UNSEALED.

Sealed portions
narrowly tailored to
confidential source
code and business
information.
No declaration filed.

Green highlights in Docket No.

Sealed portions

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3

6

UNSEALED.

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8
9

890
890

UNSEALED.

United States District Court
For the Northern District of California

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11
12

890
890

13

Boxed in blue in Docket No.
882-33 SEALED.

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15
16
17
18

890

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Portions indicated in Docket No.
940 SEALED.

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21
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23
24

890

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Portions indicated in Docket No.
940 SEALED.

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27

890

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962

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Case No.: 5:12-cv-0630-LHK-PSG
ORDER RE: MOTIONS TO SEAL

Declaration not
narrowly tailored to
confidential source
code or business
information.
No declaration filed.
Declaration not
narrowly tailored to
confidential source
code or business
information.
No declaration filed.
Sealed portions
narrowly tailored to
confidential source
code and business
information.
Sealed portions
narrowly tailored to
confidential source
code and business
information.
No declaration filed.
Sealed portions
narrowly tailored to
confidential source
code and business
information.
Sealed portions
narrowly tailored to
confidential source
code and business
information.
No declaration filed.

Apple’s Motion to Strike

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962

Exhibit 1 to the Declaration UNSEALED.
of Michael L. Fazio

962

Exhibit 2 to the Declaration UNSEALED.
of Michael L. Fazio

962

Exhibit 3 to the Declaration UNSEALED.
of Michael L. Fazio

962

Exhibit 4

962

Exhibit 6 to the Declaration UNSEALED.
of Michael L. Fazio

962, 992

Exhibit 7 to the Declaration UNSEALED.
of Michael L. Fazio
(Corrected in Docket No.
992)
Exhibit 9 to the Declaration Portions indicated in Docket No.
of Michael L. Fazio
1002 (Docket No. 882-51)
SEALED, remainder
UNSEALED.

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6

962-4, portions indicated in
Docket No. 1001, and portions
indicated in Docket No. 1002
SEALED; remainder
UNSEALED.

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9

United States District Court
For the Northern District of California

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12
13

UNSEALED.

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19

962

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24
25
26

962

Exhibit 10 to the
Declaration of Michael L.
Fazio

UNSEALED.

962

Exhibit 11 to the

UNSEALED.

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Case No.: 5:12-cv-0630-LHK-PSG
ORDER RE: MOTIONS TO SEAL

narrowly tailored to
confidential source
code and business
information; unsealed
portions lack
supporting
declaration.
Not narrowly tailored
to confidential source
code or business
information.
No supporting
highlighted document
“lodged” with the
court as indicated by
Apple in Docket No.
1002. Apple may
seek reconsideration
upon filing the
omitted document.
Not narrowly tailored
to confidential source
code or business
information.
Not narrowly tailored
to confidential source
code or business
information.
Not narrowly tailored
to confidential source
code or business
information.
Not narrowly tailored
to confidential source
code or business
information.
Sealed portions
narrowly tailored to
confidential source
code and business
information; no
supporting
highlighted document
“lodged” with the
court as indicated by
Apple in Docket No.
1002. Apple may
seek reconsideration
upon filing the
omitted document.
Not narrowly tailored
to confidential source
code or business
information.
Not narrowly tailored

Declaration of Michael L.
Fazio

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2
3

962,
1169,
1172

Exhibit 19 to the
Declaration of Michael L.
Fazio (Docket No. 962-11)

Portions indicated in Docket No.
962-15 and green highlights in
Docket No. 1172 SEALED.

962

Exhibit 24 to the
Declaration of Michael L.
Fazio

Portions indicated in Docket No.
962-15 and portions in Docket
No. 1001 SEALED.

962

Exhibit 28 to the
Declaration of Michael L.
Fazio

Portions indicated in Docket No.
1002 referencing Docket No.
882-33 SEALED.

962

Exhibit 31 to the
Declaration of Michael L.
Fazio

Portions indicated in Docket No.
1002 referencing Docket No.
989-4 SEALED.

962

Exhibit 36 to the
Declaration of Michael L.
Fazio

UNSEALED.

962

Exhibit 37 to the
Declaration of Michael L.
Fazio

962

Exhibit 38 to the
Declaration of Michael L.
Fazio

Portions indicated in Docket No.
962-15, portions indicated in
Docket No. 1001, and portions
indicated in Docket No. 1002
SEALED.
UNSEALED.

962

Exhibit 39 to the
Declaration of Michael L.
Fazio

Portions indicated in Docket No.
962-15 SEALED.

962

Exhibit 40 to the
Declaration of Michael L.
Fazio

UNSEALED.

962

Exhibit 42 to the
Declaration of Michael L.
Fazio

137: 24-28; 138:1-3, 5, 7-12, 1428; 139 2-7, 11-19; 21-28;
140:1, 3-6, 8-18; 20-25; 141:1-6
SEALED; remainder
UNSEALED.

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9

United States District Court
For the Northern District of California

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23
24
25
26
27
28

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Case No.: 5:12-cv-0630-LHK-PSG
ORDER RE: MOTIONS TO SEAL

to confidential source
code or business
information.
Sealed portions
narrowly tailored to
confidential source
code and business
information.
Sealed portions
narrowly tailored to
confidential source
code and business
information.
Sealed portions
narrowly tailored to
confidential source
code and business
information.
Not narrowly tailored
to confidential source
code or business
information.
No supporting
highlighted document
“lodged” with the
court as indicated by
Apple in Docket No.
1002. Apple may
seek reconsideration
upon filing the
omitted document.
Sealed portions
narrowly tailored to
confidential source
code and business
information.
Not narrowly tailored
to confidential source
code or business
information.
Sealed portions
narrowly tailored to
confidential source
code and business
information.
Declaration not
narrowly tailored to
confidential source
code or business
information.
Only sealed portions
narrowly tailored to
confidential source
code and business
information.

1

962

Exhibit 45 to the
Declaration of Michael L.
Fazio

Portions indicated in Docket No.
1001 SEALED.

962

Exhibit 46 to the
Declaration of Michael L.
Fazio

UNSEALED.

962

Exhibit 47 to the
Declaration of Michael L.
Fazio

UNSEALED.

962

Exhibit 48 to the
Declaration of Michael L.
Fazio

UNSEALED.

962

Exhibit 53 to the
Declaration of Michael L.
Fazio

UNSEALED.

962

Exhibit 54 to the
Declaration of Michael L.
Fazio

Portions indicated in Docket No.
1001 SEALED.

963,
1173,
1175

Samsung’s Opposition to
Apple’s Motion to Strike
Arguments from
Samsung’s Infringement

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7
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9

United States District Court
For the Northern District of California

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15
16
17
18

963

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20
21

Gray highlighting indicated in
Docket No. 996, portions
indicated in Docket No. 1003,
gray highlighting indicated in
Docket No. 1008, yellow
highlighting in 1173, and
portions indicated in 1175-14
SEALED; remainder
UNSEALED.
Exhibit 1 to the Declaration UNSEALED.
of Samuel Drezdzon

963,
1169

Exhibit 2 to the Declaration Portions indicated in Docket No.
of Samuel Drezdzon
1003 SEALED; extra
highlighting in Docket No. 1169
UNSEALED.

963

Exhibit 3 to the Declaration UNSEALED.
of Samuel Drezdzon

963

Exhibit 4 to the Declaration UNSEALED.
of Samuel Drezdzon

22
23
24
25
26
27
28

8
Case No.: 5:12-cv-0630-LHK-PSG
ORDER RE: MOTIONS TO SEAL

Sealed portions
narrowly tailored to
confidential source
code and business
information.
Not narrowly tailored
to confidential source
code or business
information.
Not narrowly tailored
to confidential source
code or business
information.
Not narrowly tailored
to confidential source
code or business
information.
Not narrowly tailored
to confidential source
code or business
information.
Sealed portions
narrowly tailored to
confidential source
code and business
information.
Only sealed portions
narrowly tailored to
confidential source
code and business
information.

Not narrowly tailored
to confidential source
code or business
information.
Sealed portions
narrowly tailored to
confidential source
code and business
information; unsealed
portions lack
supporting
declaration.
Not narrowly tailored
to confidential source
code or business
information.
Not narrowly tailored
to confidential source
code or business
information.

1
2

963,
1169,
1173

Exhibit 5 to the Declaration UNSEALED.
of Samuel Drezdzon

963

Exhibit 6 to the Declaration UNSEALED.
of Samuel Drezdzon

963,
1169,
1173,
1175

Exhibit 7 to the Declaration Yellow highlighting in Docket
of Samuel Drezdzon
No. 1173-3 and portions
indicated in Docket No. 1175-14
SEALED; remainder
UNSEALED.

963,
1169,
1173,
1175

Exhibit 8 to the Declaration Yellow highlighting in Docket
of Samuel Drezdzon
No. 1173-3 and portions
indicated in Docket No. 1175-14
SEALED; remainder
UNSEALED.

963,
1169,
1173,
1175,
1218

Exhibit 9 to the Declaration Portions indicated in Docket No.
of Samuel Drezdzon
1003, yellow highlighting in
Docket No. 1173-5 and portions
indicated in Docket No. 1175-14
SEALED; extra highlighting in
Docket No. 1218 UNSEALED.

963

Exhibit 10 to the
Declaration of Samuel
Drezdzon

UNSEALED.

963,
1169,
1173,
1218,
1175

Exhibit 13 to the
Declaration of Samuel
Drezdzon

Portions indicated in Docket No.
1003; yellow highlighting in
Docket No. 1173-6, and portions
indicated in Docket No. 1175-14
SEALED; extra highlighting in

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4
5
6
7
8
9

United States District Court
For the Northern District of California

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13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

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Case No.: 5:12-cv-0630-LHK-PSG
ORDER RE: MOTIONS TO SEAL

Not narrowly tailored
to confidential source
code or business
information and lacks
supporting
declaration.
Not narrowly tailored
to confidential source
code or business
information.
Sealed portions
narrowly tailored to
confidential source
code and business
information; no
supporting
highlighted document
“lodged” with the
court as indicated by
Apple in Docket No.
1003. Apple may
seek reconsideration
upon filing the
omitted document.
Sealed portions
narrowly tailored to
confidential source
code and business
information; no
supporting
highlighted document
“lodged” with the
court as indicated by
Apple in Docket No.
1003. Apple may
seek reconsideration
upon filing the
omitted document.
Sealed portions
narrowly tailored to
confidential source
code and business
information; unsealed
portions lack
supporting
declaration.
Not narrowly tailored
to confidential source
code or business
information.
Sealed portions
narrowly tailored to
confidential source
code and business
information; unsealed

Docket No. 1218 UNSEALED.

1
2

964

Apple’s Opposition to
Samsung’s Motion to
Strike Regarding Apple
Patents

964

Exhibit E to the
Declaration of Jennifer
Rho

964

Exhibit F to the
Declaration of Jennifer
Rho

964

Exhibit G to the
Declaration of Jennifer
Rho

964,
989-2

Exhibit I to the Declaration
of Jennifer Rho

964,
989-3

Exhibit J to the Declaration
of Jennifer Rho

964

Exhibit K to the
Declaration of Jennifer
Rho

964

Exhibit L to the
Declaration of Jennifer
Rho

964

Exhibit M to the
Declaration of Jennifer
Rho
Exhibit N to the
Declaration of Jennifer
Rho

3
4
5
6
7
8
9

United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

964,
989-4

Highlighted portions at 1:20-21,
24-28; 3:25-28; 4:2-6, 21-22, 28;
5:12, 15-17, 19-21, 24-28; 6:1-3,
5-8, 14-18, 20-21, 23-27; 7:1, 45, 7-13; 8:18-22, 27-28; 10:19,
27-28; 13:18-19; 14:1-9, 13-15,
17-20; 17:12-13; 23:1-3, 8-10
SEALED; remainder
UNSEALED.
5:21-25; 7-15 SEALED;
remainder UNSEALED.

Only sealed portions
narrowly tailored to
confidential source
code and business
information.
Entire document SEALED.
Sealed portions
narrowly tailored to
confidential source
code and business
information.
Entire document SEALED.
Sealed portions
narrowly tailored to
confidential source
code and business
information.
28:5-10; 52-53; 54:1-16; 56:
Only sealed portions
SEALED; remainder
narrowly tailored to
UNSEALED.
confidential source
code and business
information.
Highlighting in Docket No. 989- Only sealed portions
4 SEALED; remainder
narrowly tailored to
UNSEALED.
confidential source
code and business
information.
8:1-11, fn. 11-15; 9:4-16, fn. 29- Only sealed portions
34 SEALED; remainder
narrowly tailored to
UNSEALED.
confidential source
code and business
information.
95-98; 101; 174-75; 7-N:7:5-15, Only sealed portions
fn. 11-15; 7-N:15:2-14, fn. 29-34 narrowly tailored to
SEALED; remainder
confidential source
UNSEALED.
code and business
information.
UNSEALED.
No supporting
declaration filed.
Highlighting at 212:696
SEALED; remainder
UNSEALED.

28
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Case No.: 5:12-cv-0630-LHK-PSG
ORDER RE: MOTIONS TO SEAL

portions lack
supporting
declaration.
Only sealed portions
narrowly tailored to
confidential source
code and business
information.

Only sealed portions
narrowly tailored to
confidential source
code and business
information.

1

964,
1175

Exhibit P to the
Declaration of Jennifer
Rho

964

Exhibit R to the
Declaration of Jennifer
Rho
Exhibit S to the
Declaration of Jennifer
Rho

2
3
4
5
6
7
8

964,
1175

9

United States District Court
For the Northern District of California

10

45:25, 27; 46:3-6, 9, 17, 19, 22;
59:16-18; 107:22-25; 108:1-24;
109:1-2, 5-9, 11-15, 18-28;
110:1-6, 9-28; 111:1-4, 7-13;
112:2-28; 113:1-16, 20-28;
114:1-28; 115:1-17; 117:2-9, 2328; 118:1-17, 27; 119:2-4; 120;
121:4-6, 16-27; green
highlighting in Docket Nos.
1175-13 and 1200 SEALED;
remainder UNSEALED.
UNSEALED.

Only sealed portions
narrowly tailored to
confidential source
code and business
information.

Highlighting at 13:4-16; yellow
highlighting in Docket No.
1175-13 SEALED; remainder
UNSEALED.

Only sealed portions
narrowly tailored to
confidential source
code and business
information.
Only sealed portions
narrowly tailored to
confidential source
code and business
information.
Not narrowly tailored
to confidential source
code and business
information.
No supporting
declaration filed.

964

Exhibit T to the
Declaration of Jennifer
Rho

115:7 SEALED; remainder
UNSEALED.

964

Exhibit W to the
Declaration of Jennifer
Rho

UNSEALED.

964

Exhibit X to the
Declaration of Jennifer
Rho
Exhibit AA to the
Declaration of Jennifer
Rho

UNSEALED.

Apple’s Opposition to
Samsung’s Motion to
Strike Expert Testimony
Based on Undisclosed
Theories and Claim
Constructions
Exhibit 3 to the Declaration
of Peter J. Kolovos

Yellow, blue, and magenta
highlighting in Docket No. 9654, yellow highlighting in Docket
Nos. 1175-8 and 1214, and
portions indicated in Docket No.
1196 SEALED.
Yellow highlighting in Docket
Nos. 965-9, 1175-9, and 1214-1
SEALED.

11
12
13
14
15
16

964

17

5:20-27; 6:8-10; 24-26; 8-17
SEALED; remainder
UNSEALED.

18
19
20

965,
1175,
1214

21
22
23
24
25

965,
1175,
1214
965,
1175,
1214

26
27
28

965,
1175

No supporting
declaration filed.

Only sealed portions
narrowly tailored to
confidential source
code and business
information.
Sealed portions
narrowly tailored to
confidential source
code and business
information.

Sealed portions
narrowly tailored to
confidential source
code and business
information.
Exhibit 5 to the Declaration Yellow highlighting in Docket
Sealed portions
of Peter J. Kolovos
Nos. 965-11, 1175-9, and 1214-1 narrowly tailored to
SEALED.
confidential source
code and business
information.
Exhibit 10 to the
Yellow highlighting in Docket
Sealed portions
Declaration of Peter J.
No. 965-19, portions indicated in narrowly tailored to
Kolovos
Docket No. 1000, and yellow
confidential source
11

Case No.: 5:12-cv-0630-LHK-PSG
ORDER RE: MOTIONS TO SEAL

1
965,
985,
1175,
1214

Exhibit 11 to the
Declaration of Peter J.
Kolovos

7

965,
985,
1175,
1214

Exhibit 14 to the
Declaration of Peter J.
Kolovos

8

978

Samsung’s Corrected
Opposition to Apple’s
Motion to Strike
Arguments from
Samsung’s Infringement
Reports
Samsung’s Reply in
Support of its Motion to
Strike Expert Testimony
Based on Undisclosed
Theories and Claim
Constructions

2
3
4
5
6

9

United States District Court
For the Northern District of California

10
11
12

1009,
1174

13
14

highlighting in Docket No.
1175-9 SEALED.
Yellow and pink highlighting in
Docket No. 965-20, portions
indicated in Docket No. 1000,
amendments in Docket No. 985,
yellow highlighting in Docket
Nos. 1175-9 and 1214-1, and
blue highlighting in Docket Nos.
1189 and 1196 SEALED.
Yellow highlighting in Docket
No. 965-24; ¶530, and yellow
highlighting in Docket Nos.
1175-9 and 1214-1 SEALED.
Highlighting in Docket No. 9782 SEALED.

Highlighting in Docket No.
1009-4 and blue-green
highlighting in Docket No. 1174
SEALED; 1:16-17; 3:28; 4:1,
17-19, 27-28, and extra bluegreen highlighting in Docket No.
1218 UNSEALED.

15
16

1009

Exhibit 2 to the Declaration UNSEALED.
of Marissa Ducca

1009

Exhibit 3 to the Declaration UNSEALED.
of Marissa Ducca

1011

Apple’s Reply in Support
of Its Motion to Strike
Arguments from
Samsung’s Invalidity and
Non-Infringement Expert
Reports Regarding Apple
Patents
Exhibit 47 to the
Declaration of Joshua
Furman
Exhibit 48 to the
Declaration of Joshua
Furman

Yellow highlighting in Docket
No. 1011-6 and portions
indicated in Docket No. 1029
SEALED.

Exhibit 49 to the
Declaration of Joshua

UNSEALED.

17
18
19
20
21
22
23

1011

24
25

1011

26
27
28

1011

Sealed portions
narrowly tailored to
confidential source
code and business
information.
Sealed portions
narrowly tailored to
confidential source
code and business
information.
Sealed portions
narrowly tailored to
confidential source
code and business
information; unsealed
portions are public
knowledge or lack
supporting
declaration.
Not narrowly tailored
to confidential source
code and business
information.
Not narrowly tailored
to confidential source
code or business
information.
Sealed portions
narrowly tailored to
confidential source
code and business
information.

UNSEALED.

No supporting
declaration filed.

Portions indicated in Docket No.
1029 and Docket No. 1030
SEALED.

Sealed portions
narrowly tailored to
confidential source
code and business
information.
No supporting
declaration filed.

12
Case No.: 5:12-cv-0630-LHK-PSG
ORDER RE: MOTIONS TO SEAL

code and business
information.
Sealed portions
narrowly tailored to
confidential source
code and business
information.

1

1011

2
3

1011

4

Furman
Exhibit 50 to the
Declaration of Joshua
Furman
Exhibit 51 to the
Declaration of Joshua
Furman

UNSEALED.

No supporting
declaration filed.

UNSEALED.

Google declaration at
Docket No. 1029
mentions “selected
portions” but does
not indicate which
specific “selected”
portions. Google
may seek
reconsideration upon
filing the omitted
document.
Sealed portions
narrowly tailored to
confidential source
code and business
information; unsealed
portions lack
supporting
declaration.
Narrowly tailored to
confidential source
code and business
information.
Narrowly tailored to
confidential source
code and business
information.
Sealed portions
narrowly tailored to
confidential source
code and business
information.
Narrowly tailored to
confidential source
code and business
information.
Sealed portions
narrowly tailored to
confidential source
code and business
information.
No supporting
declaration filed.

5
6
7
8
9

1017,
1175

Apple’s Reply in Support
of its Motion to Strike
Arguments from
Samsung’s Infringement
Expert Reports Regarding
Samsung Patents

1017

Exhibit 2 to the Declaration SEALED.
of Peter J. Kolovos

1017

Exhibit 3 to the Declaration SEALED.
of Peter J. Kolovos

1017

Exhibit 6 to the Declaration Yellow highlighting in Docket
of Peter J. Kolovos
No. 1017-11 SEALED.

1017

Exhibit 9 to the Declaration SEALED.
of Peter J. Kolovos

1018

Samsung’s Reply in
Support of its Motion to
Strike Expert Testimony
Based on Previously
Undisclosed Theories
Exhibit 2 to the
Supplemental Declaration
of Michael L. Fazio
Exhibit 3 to the
Supplemental Declaration
of Michael L. Fazio

Green highlighting in Docket
No. 1018-4 and portions
indicated in Docket No. 1029
SEALED.

Exhibit 4 to the
Supplemental Declaration

Portions indicated in Docket
Nos. 1018-8 and 1029 SEALED.

United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17

Yellow and blue highlighting in
Docket Nos. 1017-3 and 1033
and yellow highlighting in
Docket No. 1175-10 SEALED;
remainder UNSEALED.

18
19
20
21
22
23

1018

24
25

1018

26
27
28

1018

UNSEALED.
Portions indicated in Docket No.
1029 SEALED.

13
Case No.: 5:12-cv-0630-LHK-PSG
ORDER RE: MOTIONS TO SEAL

Sealed portions
narrowly tailored to
confidential source
code and business
information.
Sealed portions
narrowly tailored to

of Michael L. Fazio

1
2

1018

Exhibit 5 to the
Supplemental Declaration
of Michael L. Fazio

SEALED.

1018

Exhibit 7 to the
Supplemental Declaration
of Michael L. Fazio

UNSEALED.

1018

Exhibit 9 to the
Supplemental Declaration
of Michael L. Fazio

Portions indicated in Docket No.
1018-8 SEALED.

1018

Exhibit 10 to the
Supplemental Declaration
of Michael L. Fazio

UNSEALED.

1169,
1170,
1175,
1218

Exhibit 6 to the Declaration Blue-green highlighting in
of Todd Briggs (Docket
Docket No. 1170 SEALED;
No. 878-11)
extra blue-green highlighting in
Docket No. 1218 UNSEALED.

1169,
1170

Exhibit 7 to the Declaration Blue-green highlighting in
of Todd Briggs (Docket
Docket No. 1170-2 SEALED;
Nos. 878-12, 878-13)
except 28:5-7, 10-12; 67:8-10
UNSEALED.

1169,
1170,
1175,
1218

Exhibit 8 to the Declaration Yellow highlighting in 1170-3,
of Todd Briggs (Docket
1170-4, and 1175-14 SEALED;
No. 878-14, 878-15)
extra highlighting in Docket No.
1218 UNSEALED.

1169,
1170,
1175

Exhibit 10 to the
Yellow highlighting in 1170-5
Declaration of Todd Briggs and 1175-14 SEALED;
(Docket No. 878-17)
remainder UNSEALED.

3
4
5
6
7
8
9

United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

14
Case No.: 5:12-cv-0630-LHK-PSG
ORDER RE: MOTIONS TO SEAL

confidential source
code and business
information.
Narrowly tailored to
confidential source
code and business
information.
Google declaration at
Docket No. 1029
mentions “selected
portions” but does
not indicate which
specific “selected”
portions. Google
may seek
reconsideration upon
filing the omitted
document.
Sealed portions
narrowly tailored to
confidential source
code and business
information.
Not narrowly tailored
to confidential source
code or business
information.
Sealed portions
narrowly tailored to
confidential source
code or business
information; unsealed
portions lack
supporting
declaration.
Sealed portions
narrowly tailored to
confidential source
code and business
information; unsealed
portions are public
knowledge or lack
supporting
declaration.
Sealed portions
narrowly tailored to
confidential source
code or business
information; unsealed
portions lack
supporting
declaration.
Sealed portions
narrowly tailored to
confidential source

1
2
3
4

1169,
1170,
1175

Exhibit 11 to the
Blue-green highlighted portions
Declaration of Todd Briggs in Docket No. 1170-6 SEALED.
(Docket No. 878-18)

1169,
1171

Exhibit 8 to the Declaration UNSEALED.
of Michael L. Fazio
(Docket No. 880-21)
Exhibit 27 to the
Blue-green highlighted portions
Declaration of Michael L.
in Docket No. 1171-1 SEALED.
Fazio (Docket Nos. 88022, 880-6)

5
6
7
8
9

United States District Court
For the Northern District of California

10

1169,
1171

11
12
13
14

1175

Exhibit 5 to the Declaration Green highlighting in Docket
of Joshua Furman
Nos. 1175-12 and 1200
SEALED.

1175

Exhibit 11 to the
Declaration of Joshua
Furman

Green highlighting on pp. 107
and 111 indicated in Docket
Nos. 1175-12 and 1200
SEALED.

1175

Exhibit 36 to the
Declaration of Joshua
Furman

Green highlighting in Docket
Nos. 1175-12 and 1200
SEALED.

1175

Exhibit 8 to the Declaration UNSEALED.
of Michael Fazio

1175

Apple’s Motion to Strike
Arguments from
Samsung’s Infringement
Expert Reports Regarding
Samsung Patents

15
16
17
18
19
20
21
22
23
24
25
26
27

Yellow highlighting in Docket
No. 1175-4 SEALED.

28
15
Case No.: 5:12-cv-0630-LHK-PSG
ORDER RE: MOTIONS TO SEAL

code or business
information; unsealed
portions lack
supporting
declaration.
Sealed portions
narrowly tailored to
confidential source
code and business
information; unsealed
portions are public
knowledge or lack
supporting
declaration.
No supporting
declaration filed.
Sealed portions
narrowly tailored to
confidential source
code and business
information; unsealed
portions are public
knowledge or lack
supporting
declaration.
Sealed portions
narrowly tailored to
confidential source
code and business
information.
Sealed portions
narrowly tailored to
confidential source
code and business
information.
Sealed portions
narrowly tailored to
confidential source
code and business
information.
Lacks supporting
highlighted document
to reconsider. Apple
may seek
reconsideration upon
filing the omitted
document.
Sealed portions
narrowly tailored to
confidential source
code and business
information; unsealed
portions lack
supporting

1
2

1175,
1214

Exhibit A to the
Declaration of Mark D.
Selwyn

Yellow highlighted portions in
Docket Nos. 1175-5 and 1214-2
SEALED.

1175,
1214

Exhibit B to the
Declaration of Mark D.
Selwyn

Yellow highlighting in Docket
Nos. 1175-6 and 1214-3
SEALED.

1175

Exhibit D to the
Declaration of Mark D.
Selwyn

Yellow highlighting in Docket
No. 1175-7 SEALED.

1175

Exhibit 16 to the
UNSEALED.
Declaration of Peter J.
Kolovos
Exhibit 6 to the Declaration Yellow highlighting in Docket
of Mark D. Selwyn
No. 1175-11 SEALED.

3
4
5
6
7
8
9

United States District Court
For the Northern District of California

10
11
12
13
14
15

1175

16
17

1258

Krevitt Letter

UNSEALED.

1258

Lee Letter

UNSEALED.

1258

Kolovos Declaration

UNSEALED.

1280

Samsung’s Opposition to
Apple’s Motion to Seal

UNSEALED.

1280

Becher Declaration

UNSEALED.

1280

Exhibit 1 to Becher
Declaration

UNSEALED.

18
19
20
21
22
23
24
25
26
27
28

16
Case No.: 5:12-cv-0630-LHK-PSG
ORDER RE: MOTIONS TO SEAL

declaration.
Sealed portions
narrowly tailored to
confidential source
code and business
information; unsealed
portions lack
supporting
declaration.
Sealed portions
narrowly tailored to
confidential source
code and business
information; unsealed
portions lack
supporting
declaration.
Sealed portions
narrowly tailored to
confidential source
code and business
information; unsealed
portions lack
supporting
declaration.
No supporting
declaration filed.
Sealed portions
narrowly tailored to
confidential source
code and business
information.
Denied in Case No.
5:11-cv-01846-LHK,
Docket Nos. 2997,
3027.
Denied in Case No.
5:11-cv-01846-LHK,
Docket Nos. 2997,
3027.
Denied in Case No.
5:11-cv-01846-LHK,
Docket Nos. 2997,
3027.
Denied in Case No.
5:11-cv-01846-LHK,
Docket Nos. 2997,
3027.
Denied in Case No.
5:11-cv-01846-LHK,
Docket Nos. 2997,
3027.
Denied in Case No.
5:11-cv-01846-LHK,