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

Filing 42

Order by Hon. Lucy H. Koh granting #6 Administrative Motion to File Under Seal.(lhklc3, COURT STAFF) (Filed on 3/6/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
For the Northern District of California

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APPLE, INC., a California corporation,

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Plaintiff,
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v.
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SAMSUNG ELECTRONICS CO., LTD., a
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Korean corporation; SAMSUNG
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ELECTRONICS AMERICA, INC., a New York )
corporation; and SAMSUNG
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TELECOMMUNICATIONS AMERICA, LLC, )
a Delaware limited liability company,
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Defendants.
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Case No.: 12-CV-00630-LHK
ORDER GRANTING
ADMINISTRATIVE MOTION TO FILE
DOCUMENTS UNDER SEAL
(re: dkt. #6)

On February 8, 2012, Plaintiff Apple, Inc. (“Apple”) filed an administrative motion to file

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under seal portions of: (1) the Declaration of Arthur Rangel in support of Apple’s motion for a

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preliminary injunction, including attached confidential exhibits (“Rangel Declaration”); (2) the

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Declaration of Christopher Vellturo, Ph.D., in support of Apple’s motion for a preliminary

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injunction, including attached confidential exhibits (“Vellturo Declaration”); and (3) Apple’s

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Motion and Memorandum in Support of Apple’s Motion for a Preliminary Injunction (“Opening

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Brief”). ECF No. 6.

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Where, as here, a party seeks to seal documents attached to a non-dispositive motion, the
Ninth Circuit requires a showing of good cause to justify the sealing of those documents.
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Case No.: 12-CV-00630-LHK
ORDER GRANTING MOTION TO FILE UNDER SEAL

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Kamakana v. City and Cnty. of Honolulu, 447 F.3d 1172, 1180 (9th Cir. 2006). In addition, the

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Civil Local Rules of this Court require that all requests to file under seal be “narrowly tailored to

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seek sealing only of sealable material.” Civ. L. R. 79-5(a). Apple claims that good cause exists to

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seal the material requested because the Rangel Declaration and the Vellturo Declaration contain or

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provide as exhibits confidential, proprietary market research and analysis, including information

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pertaining to confidential Apple customer surveys and the competitive landscape for mobile

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devices. This information reflects Apple’s confidential business and marketing strategy, was

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created at a significant cost to Apple, and could be used by Apple’s competitors to its disadvantage,

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particularly because it discusses Apple’s customers. Decl. of Cyndi Wheeler ¶ 3, ECF No. 8.

United States District Court
For the Northern District of California

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The Court agrees that the portions of the Rangel and Vellturo Declarations Apple seeks to

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file under seal consist of such confidential information, and sealing of these documents is therefore

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appropriate. In addition, Apple has narrowly tailored the proposed redactions of its Opening Brief

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to seal only those portions that incorporate the sealable information contained in the Rangel and

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Vellturo Declarations. Accordingly, the Court finds that good cause exists to seal these documents

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and therefore GRANTS Apple’s motion to file under seal.

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IT IS SO ORDERED.

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Dated: March 6, 2012

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LUCY H. KOH
United States District Judge

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Case No.: 12-CV-00630-LHK
ORDER GRANTING MOTION TO FILE UNDER SEAL