Apple Inc. v. Qualcomm Incorporated

Filing 753

ORDER Granting in Part 647 Motion to File Documents Under Seal. Signed by Magistrate Judge Mitchell D. Dembin on 12/27/18. (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

Case No.: 17cv108-GPC-MDD
ORDER GRANTING IN PART
MOTIONS TO FILE DOCUMENTS
UNDER SEAL
[ECF No. 647]

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On October 9, 2018, Apple filed a Motion to Seal certain documents.

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(ECF No. 647). The motion seeks to seal an unredacted copy of Apple and

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Qualcomm’s Joint Motion for Determination of Discovery Dispute regarding

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thirty-four clawed back documents and certain declarations and exhibits in

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support (“April 27 Joint Motion,” ECF No. 455), and the Joint Motion for

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Determination of Discovery Dispute regarding six clawed back documents

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and certain exhibits in support (“June 28 Joint Motion,” ECF No. 546). (Id.).

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

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judicial documents which can be overcome only be showing sufficiently

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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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17cv108-GPC-MDD

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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 April 27 Joint Motion and the June 28 Joint

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

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has already electronically lodged on the docket the necessary redacted

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version of the papers publicly and the unredacted version of the papers under

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seal. The Clerk shall file the lodged documents at ECF No. 658 under seal.
IT IS SO ORDERED.
Dated: December 27, 2018

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17cv108-GPC-MDD