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

Filing 2034

ORDER RE: JOINT NOTICE Signed by Judge Paul S. Grewal on October 10, 2014 re #2012 . (psglc1S, COURT STAFF) (Filed on 10/10/2014)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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APPLE INC., a California corporation,

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Plaintiff,

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Case No. 12-cv-00630-LHK
vs.
SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity; SAMSUNG
ELECTRONICS AMERICA, INC., a New
York corporation; SAMSUNG
TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,

[PROPOSED] ORDER RE: JOINT
NOTICE

Defendants.

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[PROPOSED] ORDER RE: JOINT NOTICE
Case No. 12-cv-00630-LHK (PSG)

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On October 6, 2014, the parties submitted a Joint Notice Regarding Order Re: Various

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Administrative Motions to Seal (ECF 1981) indicating that certain exhibits that were the subject

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of the Court’s September 18, 2014 Order were withdrawn prior to being considered by the Court

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or were already filed publicly (in some cases the publicly filed version includes redactions

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approved by the Court’s prior sealing orders). Accordingly, no further action or re-filing is

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necessary with respect to the following exhibits:

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ECF No.

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882-3

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Document

Status

Portions withdrawn (See ECF
Apple’s Motion to Strike Arguments from No. 1977); Public version is
Samsung’s Invalidity and Non-Infringement consistent with the Court’s Order
Expert Reports Regarding Apple Patents
regarding sealing. (See ECF No.
1205.)

882-7

″ ″ Ex. 1

Withdrawn (See ECF No. 1977)

882-8

″ ″ Ex. 2

Withdrawn (See ECF No. 1977)

882-9

″ ″ Ex. 3

Withdrawn (See ECF No. 1977)

882-11, 117512

″ ″ Ex. 5

Portions withdrawn (See ECF
No. 1977); Public version is
consistent with the Court’s Order
regarding sealing (See ECF No.
1205-1)

882-12

″ ″ Ex. 6

Withdrawn (See ECF No. 1977)

882-13

″ ″ Ex. 7

Withdrawn (See ECF No. 1977)

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882-14

″ ″ Ex. 8

Withdrawn (See ECF No. 1977)

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882-15

″ ″ Ex. 9

Withdrawn (See ECF No. 1977)

882-16

″ ″ Ex. 10

Withdrawn (See ECF No. 1977)

″ ″ Ex. 11

Portions withdrawn (See ECF
No. 1977); Public version is
consistent with the Court’s Order
regarding sealing (See ECF No.

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882-17, 117512

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1

[PROPOSED] ORDER RE: JOINT NOTICE
Case No. 12-cv-00630-LHK (PSG)

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1205-1)

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882-18

″ ″ Ex. 12

Withdrawn (See ECF No. 1977)

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882-19

″ ″ Ex. 13

Withdrawn (See ECF No. 1977)

882-20

″ ″ Ex. 14

Withdrawn (See ECF No. 1977)

882-22

″ ″ Ex. 16

Withdrawn (See ECF No. 1977)

882-23

″ ″ Ex. 17

Withdrawn (See ECF No. 1977)

882-28

″ ″ Ex. 22

Withdrawn (See ECF No. 1977)

882-33

″ ″ Ex. 27

Withdrawn (See ECF No. 1977)

882-51

″ ″ Ex. 28

Withdrawn (See ECF No. 1977)

882-41

″ ″ Ex. 35

Withdrawn (See ECF No. 1977)

882-42, 117512

″ ″ Ex. 36

Portions withdrawn (See ECF
No. 1977); Public version is
consistent with the Court’s Order
regarding sealing (See ECF No.
1205-1)

882-43

″ ″ Ex. 37

Withdrawn (See ECF No. 1977)

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882-47

″ ″ Ex. 41

Withdrawn (See ECF No. 1977)

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882-48

″ ″ Ex. 42

Withdrawn (See ECF No. 1977)

882-49

″ ″ Ex. 43

Withdrawn (See ECF No. 1977)

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962-4

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962-10

Portions withdrawn (See ECF
No. 1977); Public version is
Samsung’s Opposition to Apple’s Motion to
consistent with the Court’s Order
Strike (Apple Patents)
regarding sealing. (See ECF No.
1210-6.)
Portions withdrawn (See ECF
No. 1977); Public version is
″ ″ Ex. 1
consistent with the Court’s Order
regarding sealing. (See ECF No.

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2

[PROPOSED] ORDER RE: JOINT NOTICE
Case No. 12-cv-00630-LHK (PSG)

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1210-7.)

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962-10

″ ″ Ex. 2

Portions withdrawn (See ECF
No. 1977); Public version is
consistent with the Court’s Order
regarding sealing. (See ECF No.
1210-8.)

962-10

″ ″ Ex. 3

Withdrawn (See ECF No. 1977)

962-10

″ ″ Ex. 4

Withdrawn (See ECF No. 1977)

962-11

″ ″ Ex. 6

Withdrawn (See ECF No. 1977)

962-11

″ ″ Ex. 7

Withdrawn (See ECF No. 1977)

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962-11

″ ″ Ex. 9

Withdrawn (See ECF No. 1977)

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962-11

″ ″ Ex. 10

Withdrawn (See ECF No. 1977)

962-11

″ ″ Ex. 11

Withdrawn (See ECF No. 1977)

962-11, 1172

″ ″ Ex. 19

Public version is consistent with
the Court’s Order regarding
sealing (See ECF No. 1210-9)

962-11

″ ″ Ex. 24

Withdrawn (See ECF No. 1977)

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962-11

″ ″ Ex. 28

Withdrawn (See ECF No. 1977)

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962-12

″ ″ Ex. 31

Withdrawn (See ECF No. 1977)

962-12

″ ″ Ex. 36

Withdrawn (See ECF No. 1977)

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962-12

″ ″ Ex. 37

Withdrawn (See ECF No. 1977)

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962-12

″ ″ Ex. 38

Withdrawn (See ECF No. 1977)

962-12

″ ″ Ex. 39

Withdrawn (See ECF No. 1977)

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962-12

″ ″ Ex. 40

Withdrawn (See ECF No. 1977)

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962-12

″ ″ Ex. 42

Withdrawn (See ECF No. 1977)

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[PROPOSED] ORDER RE: JOINT NOTICE
Case No. 12-cv-00630-LHK (PSG)

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962-13

″ ″ Ex. 45

Withdrawn (See ECF No. 1977)

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962-13

″ ″ Ex. 46

Withdrawn (See ECF No. 1977)

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962-13

″ ″ Ex. 47

Withdrawn (See ECF No. 1977)

962-13

″ ″ Ex. 48

Withdrawn (See ECF No. 1977)

962-13

″ ″ Ex. 53

Withdrawn (See ECF No. 1977)

962-13

″ ″ Ex. 54

Withdrawn (See ECF No. 1977)

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Public version is consistent with
the Court’s Order regarding
sealing (See ECF No. 1217-13).
While the Court only sealed the
yellow highlighting in Docket
No. 1173 and portions indicated
in Docket No. 1175 when ruling
Samsung’s Opposition to Apple’s Motion to on Apple’s Motion for
963-3, 963-20,
Strike Arguments from Samsung’s
Reconsideration (ECF No.
978-2, 1173
Infringement
1175), the other information that
was highlighted in Docket No.
1173 and redacted in the public
redacted version (ECF No. 121713) was included in Docket Nos.
1003 and 1008, which the Court
also sealed. (See ECF No. 1981
at 8.)
963-6

″ ″ Ex. 1

Withdrawn (See ECF No. 1977)

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Public version is consistent with
the Court’s Order regarding
sealing (See ECF No. 1217-14).
While the Court unsealed the
“extra highlighting in Docket
No. 1169,” all of the information
that is redacted in the public
redacted version (ECF No. 121714) was included in Docket No.
1003, which the Court sealed.
(See ECF No. 1981 at 8.)
Public version is consistent with
the Court’s Order regarding

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963-7, 1173-1

″ ″ Ex. 2

963-8

″ ″ Ex. 3

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[PROPOSED] ORDER RE: JOINT NOTICE
Case No. 12-cv-00630-LHK (PSG)

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sealing. (See ECF No. 1217-15.)

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963-9

″ ″ Ex. 4

963-11

″ ″ Ex. 6

963-12, 11733

″ ″ Ex. 7

963-13, 11734

″ ″ Ex. 8

963-14, 11735, 1218-5

″ ″ Ex. 9

963-15

″ ″ Ex. 10

963-18, 11736, 1218-6

Public version is consistent with
the Court’s Order regarding
sealing. (See ECF No. 1217-16.)
Public version is consistent with
the Court’s Order regarding
sealing. (See ECF No. 1217-18.)
Public version is consistent with
the Court’s Order regarding
sealing. (See ECF No. 1217-19.)
Accordingly, Apple will not seek
file the document “lodged” with
the court as indicated by Apple
in Docket No. 1003 and will not
seek reconsideration.
Public version is consistent with
the Court’s Order regarding
sealing. (See ECF No. 1217-20.)
Accordingly, Apple will not seek
file the document “lodged” with
the court as indicated by Apple
in Docket No. 1003 and will not
seek reconsideration.
Public version is consistent with
the Court’s Order regarding
sealing. (See ECF No. 1217-21.)
With respect to the Court’s
ruling regarding Docket No.
1218, the Corrected Highlighted
Version of Exhibit 9 removed
highlighting that was
erroneously included in Docket
No. 1173-5.
Public version is consistent with
the Court’s Order regarding
sealing. (See ECF No. 1217-22.)
Public version is consistent with
the Court’s Order regarding
sealing. (See ECF No. 1217-25.)
With respect to the Court’s
ruling regarding Docket No.
1218, the Corrected Highlighted
Version of Exhibit 13 removed
highlighting that was
erroneously included in Docket

″ ″ Ex. 13

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[PROPOSED] ORDER RE: JOINT NOTICE
Case No. 12-cv-00630-LHK (PSG)

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No. 1173-6.

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964-25

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Portions withdrawn (See ECF
No. 1977); Public version is
Apple’s Opposition to Samsung’s Motion to
consistent with the Court’s Order
Strike Regarding Apple Patents
regarding sealing. (See ECF No.
1208.)

964-4

″ ″ Ex. E

Withdrawn (See ECF No. 1977)

964-4

″ ″ Ex. F

Withdrawn (See ECF No. 1977)

964-5

″ ″ Ex. G

Withdrawn (See ECF No. 1977)

964-6, 989-2

″ ″ Ex. I

Withdrawn (See ECF No. 1977)

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964-7, 989-3

″ ″ Ex. J

Withdrawn (See ECF No. 1977)

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964-8

″ ″ Ex. K

Withdrawn (See ECF No. 1977)

964-9

″ ″ Ex. L

Withdrawn (See ECF No. 1977)

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964-10

″ ″ Ex. M

Withdrawn (See ECF No. 1977)

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964-11, 989-4

″ ″ Ex. N

Withdrawn (See ECF No. 1977)

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10

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964-13, 107513

″ ″ Ex. P

964-15, 107513

″ ″ Ex. S

964-17

″ ″ Ex. T

964-19

Portions withdrawn (See ECF
No. 1977); Public version is
consistent with the Court’s Order
regarding sealing. (See ECF No.
1208-1.)
Public version is consistent with
the Court’s Order regarding
sealing. (See ECF No. 1208-1.)
Portions withdrawn (See ECF
No. 1977); Public version is
consistent with the Court’s Order
regarding sealing. (See ECF No.
1208-2.)
Portions withdrawn (See ECF
No. 1977); Public version is
consistent with the Court’s Order
regarding sealing. (See ECF No.
1208-3.)

″ ″ Ex. W

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[PROPOSED] ORDER RE: JOINT NOTICE
Case No. 12-cv-00630-LHK (PSG)

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964-22

″ ″ Ex. AA

Withdrawn (See ECF No. 1977)

Portions withdrawn (See ECF
No. 1977); Public version is
consistent with the Court’s Order
regarding sealing. (See ECF No.
1212.) While the Court only
sealed the yellow highlighting in
Docket Nos. 1175-8 and 1214
and the portions indicated in
Apple’s Opposition to Samsung’s Motion to Docket No. 1196 and the
965-4, 1075-8,
Strike Expert Testimony Based on
portions indicated in 1175 when
1214
Undisclosed Theories and Claim
ruling on Apple’s Motion for
Constructions (Samsung Patents)
Reconsideration (ECF No.
1175), the other information that
was highlighted in 1175-8 and
redacted in the public redacted
version (ECF No. 1212) was
highlighted in either blue or
magenta in Docket No. 965-4,
which the Court also sealed.
(See ECF No. 1981 at 11.)
Public version is consistent with
965-11, 1075″ ″ Ex. 5
the Court’s Order regarding
9, 1214-1
sealing. (See ECF No. 1212-1.)
The public version is consistent
with the parties’ understanding
of the Court’s Order regarding
sealing. (See ECF No. 1212-1.)

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While the Court only sealed the
yellow highlighting in Docket
Nos. 1175-9 and 1214-1 and the
blue highlighting in Docket Nos.
1189 and 1196 when ruling on
Apple’s Motion for
Reconsideration (ECF No.
1175), the Court also sealed all
of the “yellow and pink
highlighting in Docket No. 96520, portions indicated in Docket
No. 1000, [and] amendments in
Docket No. 985.” As Docket
No. 965-20 included only blue
and pink highlighting, Apple
supported sealing all of the

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965-20, 985-3,
1075-9, 12141

″ ″ Ex. 11

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7

[PROPOSED] ORDER RE: JOINT NOTICE
Case No. 12-cv-00630-LHK (PSG)

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information highlighted in blue,
and Apple usually supported
information highlighted in
yellow, the parties understand
the Court’s Order to have sealed
the “blue and pink” highlighting
in Docket No. 965-20.
Portions withdrawn (See ECF
No. 1977); Public version is
consistent with the Court’s Order
regarding sealing. (See ECF No.
1217-26.) With respect to the
Court’s ruling regarding Docket
No. 1218, the Corrected
Highlighted Version of
Samsung’s Reply removed
highlighting that was
erroneously included in Docket
No. 1174.
Public version is consistent with
the Court’s Order regarding
sealing. (See ECF No. 1217-28.)
Public version is consistent with
the Court’s Order regarding
sealing. (See ECF No. 1217-29.)
Portions withdrawn (See ECF
No. 1977); Public version is
consistent with the Court’s Order
regarding sealing. (See ECF No.
1206.)

1009-4, 10095, 1174

Samsung’s Reply in Support of its Motion
to Strike Expert Testimony Based on
Undisclosed Theories and Claim
Constructions (Samsung Patents)

1009-8

″ ″ Ex. 2

1009-9

″ ″ Ex. 3

1011-6

Apple’s Reply in Support of Its Motion to
Strike Arguments from Samsung’s
Invalidity and Non-Infringement Expert
Reports Regarding Apple Patents

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1011-7

″ ″ Ex. 48

Withdrawn (See ECF No. 1977)

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1011-7

″ ″ Ex. 50

Withdrawn (See ECF No. 1977)

1011-7

″ ″ Ex. 51

Withdrawn (See ECF No. 1977)

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1017-3; 117510

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

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Portions withdrawn (See ECF
No. 1977); Public version is
consistent with the Court’s Order
regarding sealing as it includes
only the yellow highlighting
found in 1175-10. (See ECF No.
1213.)

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8

[PROPOSED] ORDER RE: JOINT NOTICE
Case No. 12-cv-00630-LHK (PSG)

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1017-6

″ ″ Ex. 2

Withdrawn (See ECF No. 1977)

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1017-7

″ ″ Ex. 3

Withdrawn (See ECF No. 1977)

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1017-14

″ ″ Ex. 9

Withdrawn (See ECF No. 1977)

1018-4

Samsung’s Reply in Support of its Motion
to Strike Expert Testimony Based on
Previously Undisclosed Theories (Samsung
Patents)

Portions withdrawn (See ECF
No. 1977); Public version is
consistent with the Court’s Order
regarding sealing. (See ECF No.
1210-10.)

1018-7

″ ″ Ex. 2

Withdrawn (See ECF No. 1977)

1018-7

″ ″ Ex. 3

Withdrawn (See ECF No. 1977)

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1018-7

″ ″ Ex. 4

Withdrawn (See ECF No. 1977)

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1018-7

″ ″ Ex. 5

Withdrawn (See ECF No. 1977)

1018-7

″ ″ Ex. 7

Withdrawn (See ECF No. 1977)

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1018-7

″ ″ Ex. 9

Withdrawn (See ECF No. 1977)

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1018-7

″ ″ Ex. 10

Withdrawn (See ECF No. 1977)

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10

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14

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Public version is consistent with
the Court’s Order regarding
sealing. (See ECF No. 1217-9.)

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1170-5

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Exhibit 10 to the Declaration of Todd
Briggs in Support of Samsung’s Motion to
Strike (Samsung Patents)

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27

1170-6
1171-1

Exhibit 11 to the Declaration of Todd
Briggs in Support of Samsung’s Motion to
Strike (Samsung Patents)
Exhibit 27 to the Declaration of Michael L.
Fazio in Support of Samsung’s Motion to
Strike (Apple Patents)

While the Court only sealed the
yellow highlighting in ECF Nos.
1170-5 and 1175-14 and stated
that the remainder was unsealed
because no supporting
declaration was filed, all
information highlighted in blue
was also highlighted in yellow.
Public version is consistent with
the Court’s Order regarding
sealing. (See ECF No. 1217-10.)
Public version is consistent with
the Court’s Order regarding
sealing. (See ECF No. 1210-2.)

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[PROPOSED] ORDER RE: JOINT NOTICE
Case No. 12-cv-00630-LHK (PSG)

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1175-5, 12142

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1175-7

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9

1258-2
1258-3

10

1258-1

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1280-3

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13

1280-4

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1280-5

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1282-2

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1289-2

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20

1289-3
1320-2
1322-2

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1323-1

Exhibit A to the Declaration of Mark D.
Selwyn in Support of Apple’s Motion to
Strike Arguments from Samsung’s
Infringement Expert Reports Regarding
Samsung Patents
Exhibit D to the Declaration of Mark D.
Selwyn in Support of Apple’s Motion to
Strike Arguments from Samsung’s
Infringement Expert Reports Regarding
Samsung Patents

Public version is consistent with
the Court’s Order regarding
sealing. (See ECF No. 1211-1.)
Public version is consistent with
the Court’s Order regarding
sealing. (See ECF No. 1211-3.)

Already public. (See ECF No.
1390-1.)
Already public. (See ECF No.
Lee Letter
1390.)
Already public. (See ECF No.
Kolovos Declaration
1390-2.)
Samsung’s Opposition to Apple’s Motion to Already public. (See ECF No.
Seal
1363.)
Already public. (See ECF No.
Becher Declaration
1363-1.)
Already public. (See ECF No.
Exhibit 1 to Becher Declaration
1363-2.)
Already public. (See ECF No.
Nishino Declaration
1401.)
Already public. (See ECF No.
Declaration of Jennifer Rho
1405-1.)
Already public. (See ECF No.
Krevitt Letter
1405.)
Already public. (See ECF No.
Amended Nishino Declaration
1403.)
Already public. (See ECF No.
Nishino Declaration
1402.)
Declaration of Peter J. Kolovos in Support
Already public. (See ECF No.
of Apple’s and Samsung’s Administrative
1391.)
Motions to File Documents Under Seal
Krevitt Letter

IT IS SO ORDERED.

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Dated: _________________, 2014
October 10

______________________________
Hon. Paul S. Grewal
United States Magistrate Judge

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[PROPOSED] ORDER RE: JOINT NOTICE
Case No. 12-cv-00630-LHK (PSG)