Apple Inc. v. Motorola Mobility, Inc.

Filing 2

Motion to Seal Document #1 Removal, #3 Motion for Preliminary Injunction, #4 Proposed Findings of Facts, #5 Affidavit of Lutton, #6 Brief in Support, #7 Declaration of Cherensky and #8 Exhibits by Plaintiff Apple Inc. (Peterson, James) Modified docket text/relationship on 3/14/2011 (mmo).

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

APPLE INC.,
Plaintiff,

Case No. 11-CV-178

v.
MOTOROLA MOBILITY, INC.
Defendants.

PLAINTIFF’S MOTION FOR LEAVE TO FILE UNDER SEAL
Plaintiff Apple Inc. (“Apple”), by its undersigned attorneys, seeks the Court’s
leave to file under seal the following documents:
1.

Notice of Removal (including Apple’s Counterclaims filed in International
Trade Commission Investigation No. 337-TA-745);

2.

Plaintiff’s Motion for a Preliminary Injunction;

3.

Plaintiff’s Memorandum of Law In Support of Its Motion For A
Preliminary Injunction;

4.

Plaintiff’s Proposed Findings of Fact In Support of Its Motion For
Preliminary Injunction;

5.

Affidavit of Richard Lutton In Support of Plaintiff’s Motion for
Preliminary Injunction (and exhibits attached); and

6.

Declaration of Steven Cherensky Pursuant to 28 U.S.C. § 1746 In Support
of Plaintiffs’ Motion for Preliminary Injunction (and exhibits attached).

The sealing of these documents is warranted for several reasons. First, Apple’s
Counterclaims and its Motion requires a detailed discussion of facts relating to Apple’s
business investments, proprietary information, practices and strategies, which would

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properly be protected under Rule 26(c)(1) (G) of the Federal Rules of Civil Procedure.
Second, the Motion is also based on communications, interactions, and correspondence
between Apple and Defendant Motorola Mobility, Inc. (“Motorola”), as well as similar
communications with third parties. These communications also pertain to confidential
business information that would be properly protected under Rule 26(c)(1)(G) of the
Federal Rules of Civil Procedure. Finally, Apple and Motorola are currently involved in
parallel litigations, in which the parties have signed protective orders, which limit access
to both parties’ documents to counsel involved in the relevant disputes. Therefore, both
parties have indicated their intent to keep the underlying facts, and any supporting
evidence or documents, in this case confidential. We note that Apple’s Counterclaims in
the ITC Investigation are subject to a protective order were filed under seal in that
proceeding.
Accordingly, the documents listed above fall within the scope of Rule 26(c)(1)(G)
of the Federal Rules of Civil Procedure, and are appropriately be filed under seal.

Dated: March 11, 2011

Respectfully submitted,
s/James D. Peterson
James D. Peterson (# 1022819)
[e-mail]
One East Main Street, Suite 500
P.O. Box 2719
Madison, WI 53701-2719
Telephone: [phone]
Facsimile: [phone]

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Matthew D. Powers
[e-mail]
Steven S. Cherensky
[e-mail]
Jill J. Ho
[e-mail]
WEIL, GOTSHAL & MANGES LLP
201 Redwood Shores Parkway
Redwood Shores, CA 94065
Telephone: [phone]
Facsimile: [phone]
Mark G. Davis
[e-mail]
WEIL, GOTSHAL & MANGES LLP
1300 Eye Street, N.W., Suite 900
Washington, DC 20005
Telephone: [phone]
Facsimile: [phone]
Attorneys for Apple Inc.

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