Apple Inc. v. Qualcomm Incorporated

Filing 580

ORDER Granting in Part (ECF Nos. 554 , 561 ) Motions to File Documents Under Seal. Apple is ordered to file a redacted version of ECF No. 555-4 that eliminates individual's addresses and phone numbers within five days of the date of this Order. The Clerk shall delay unsealing for seven days to allow the parties to file additional support for their motions to seal these particular documents. Signed by Magistrate Judge Mitchell D. Dembin on 8/21/18. (dlg)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

SOUTHERN DISTRICT OF CALIFORNIA

9
10
11
12
13
14

IN RE: QUALCOMM LITIGATION

Case No.: 17cv108-GPC-MDD
ORDER GRANTING IN PART
MOTIONS TO FILE DOCUMENTS
UNDER SEAL
[ECF Nos. 554, 561]

15
16

On July 10, 2018, Apple filed a Motion to Seal certain documents. (ECF

17

No. 554). The motion seeks to seal an unredacted copy of the Emergency

18

Motion to Strike Portions of Qualcomm’s Expert Reports. (Id.). On July 18,

19

2018, Qualcomm filed their own Motion to Seal documents under seal. (ECF

20

No. 561). Qualcomm’s motion seeks to seal an unredacted copy of documents

21

supporting their Response in Opposition to Apple’s emergency motion. (Id.).

22

Federal courts recognize “a strong presumption in favor of access to

23

judicial documents which can be overcome only be showing sufficiently

24

important countervailing interests.” Phillips ex rel. Estates of Byrd v. Gen.

25

Motors Corp., 307 F.3d 1206, 1212-13 (9th Cir. 2002) (quoting San Jose

26

Mercury News, Inc. v. U.S. Dist. Ct., 187 F.3d 1096, 1102 (9th Cir. 1999))

27

(additional citations omitted). However, this presumption does not apply to
1
17cv108-GPC-MDD

1

“sealed discovery document[s] attached to … non-dispositive motion[s].” In re

2

Nat’l Sec. Agency Telcoms. Records Litig., 2007 U.S. Dist. LEXIS 14473, WL

3

549854, *42 (N.D. Cal. Feb. 20, 2007) (citing Kamakana v. City & Cnty. Of

4

Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006).

5
6

The Court, having reviewed the documents, finds that Apple’s motion to
seal is granted in part as follows:

7

1) Apple’s Memo of Points and Authorities, filed under seal as ECF No.

8

555-1, is unsealed;

9

2) Exhibit 7 to Apple’s Motion, currently filed as ECF No. 555-4, is

10

unsealed with the following exception: the addresses and phone

11

numbers of those persons identified shall remain sealed; and

12

3) The remaining Exhibits filed at ECF No. 555 are to be filed under

13

seal.

14

The Court further finds that Qualcomm’s motion to seal is granted in

15

part as follows:

16

1) Qualcomm’s Response in Opposition, filed under seal at ECF No. 562,

17

should be unsealed in its entirety;

18

2) Appendix A to Qualcomm’s response, filed at ECF No. 562-1 shall be

19

unsealed; and

20

3) The remaining Exhibits filed at ECF No. 562 are to be filed under

21

seal.

22

Accordingly, the Motions to Seal are GRANTED in part and

23

DENIED in part. The parties have already electronically lodged on the

24

docket the necessary redacted versions of the papers publicly and the

25

unredacted versions of the papers under seal. Apple is ORDERED to file a

26

redacted version of ECF No. 555-4 that eliminates individual’s addresses and

27

phone numbers within five days of the date of this Order.
2
17cv108-GPC-MDD

1

The Clerk shall delay unsealing for seven days to allow the parties to

2

file additional support for their motions to seal these particular documents.

3
4

IT IS SO ORDERED.
Dated: August 21, 2018

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
3
17cv108-GPC-MDD