Apple Inc. v. Qualcomm Incorporated

Filing 751

ORDER Granting in Part 612 Motion to File Documents Under Seal. Signed by Magistrate Judge Mitchell D. Dembin on 12/27/18. (dlg) (Main Document 751 replaced on 12/27/2018 per mj Chambers to make a correction. NEF regenerated) (dlg).

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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IN RE: QUALCOMM LITIGATION

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Case No.: 17cv108-GPC-MDD
ORDER GRANTING IN PART
MOTIONS TO FILE DOCUMENTS
UNDER SEAL

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[ECF No. 612]

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On September 10, 2018, Qualcomm filed a Motion to Seal certain

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documents. (ECF No. 612). The motion seeks to seal an unredacted copy of

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the Ex Parte Application for Authorization to File Supplemental Submission

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In Support of April 27, 2018 Joint Motion for Determination of Discovery

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Dispute (ECF No. 455) and June 28, 2018 Joint Motion for Determination of

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Discovery Dispute (ECF No. 546) (“Application”) and Ex Parte Supplemental

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Submission in Support of April 27, 2018 Joint Motion for Determination of

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Discovery Dispute (ECF No. 455) and June 28, 2018 Joint Motion for

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Determination of Discovery Dispute (ECF No. 546) (“Supplemental

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Submission”). (Id.).

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Federal courts recognize “a strong presumption in favor of access to
judicial documents which can be overcome only be showing sufficiently
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17cv108-GPC-MDD

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

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

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

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(additional citations omitted). However, this presumption does not apply to

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

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

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

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

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The Court finds that the Application and Supplemental Submission

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shall be sealed. Accordingly, the Motion to Seal is GRANTED. Qualcomm has

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already electronically lodged on the docket the necessary redacted version of

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the papers publicly and the unredacted version of the papers under seal. The

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Clerk shall file the lodged documents at ECF No. 613 under seal.

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IT IS SO ORDERED.
Dated: December 27, 2018

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17cv108-GPC-MDD