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APPLE INC. v. SAMSUNG ELECTRONICS CO., LTD., 5:11-cv-01846-LHK-PSG. (2014)

Court: District Court, N.D. California Number: infdco20140613888 Visitors: 11
Filed: Jun. 11, 2014
Latest Update: Jun. 11, 2014
Summary: ORDER RE: MOTIONS TO SEAL (Re: Docket Nos. 2395, 2410, 2471, 2556, 2557, 2558, 2564, 2610, 2624, 2633, 2664, 2825, 2835, 2836, 2838, 2871, 2872, 2873, 2974, 2975, 2976, 2977, 2991, 2993, 3037, 3039) PAUL S. GREWAL, Magistrate Judge. This court has decried sealing practices in this and related cases on multiple occasions. 1 In recent filings, however, the parties have become more judicious in deciding what information they choose to defend as confidential. Old dogs, it turns out, can learn new
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ORDER RE: MOTIONS TO SEAL (Re: Docket Nos. 2395, 2410, 2471, 2556, 2557, 2558, 2564, 2610, 2624, 2633, 2664, 2825, 2835, 2836, 2838, 2871, 2872, 2873, 2974, 2975, 2976, 2977, 2991, 2993, 3037, 3039)

PAUL S. GREWAL, Magistrate Judge.

This court has decried sealing practices in this and related cases on multiple occasions.1 In recent filings, however, the parties have become more judicious in deciding what information they choose to defend as confidential. Old dogs, it turns out, can learn new tricks. Yet there remains a backlog of sealing requests from prior motions to be addressed. It is to these motions, which were filed before the parties made any real progress in reforming their sealing practices, that the court now turns.

In 26 separate administrative motions the parties seek to seal 134 documents. "Historically, courts have recognized a `general right to inspect and copy public records and documents, including judicial records and documents.'"2 Accordingly, when considering a sealing request, "a `strong presumption in favor of access' is the starting point."3 Parties seeking to seal judicial records relating to dispositive motions bear the burden of overcoming the presumption with "compelling reasons" that outweigh the general history of access and the public policies favoring disclosure.4

However, "while protecting the public's interest in access to the courts, we must remain mindful of the parties' right to access those same courts upon terms which will not unduly harm their competitive interest."5 Records attached to nondispositive motions therefore are not subject to the strong presumption of access.6 Because the documents attached to nondispositive motions "are often unrelated, or only tangentially related, to the underlying cause of action," parties moving to seal must meet the lower "good cause" standard of Rule 26(c).7 As with dispositive motions, the standard applicable to nondispositive motions requires a "particularized showing"8 that "specific prejudice or harm will result" if the information is disclosed.9 "Broad allegations of harm, unsubstantiated by specific examples of articulated reasoning" will not suffice.10 A protective order sealing the documents during discovery may reflect the court's previous determination that good cause exists to keep the documents sealed,11 but a blanket protective order that allows the parties to designate confidential documents does not provide sufficient judicial scrutiny to determine whether each particular document should remain sealed.12

In addition to making particularized showings of good cause, parties moving to seal documents must comply with the procedures established by Civ. L.R. 79-5. Pursuant to Civ. L.R. 79-5(b), a sealing order is appropriate only upon a request that establishes the document is "sealable," or "privileged or protectable as a trade secret or otherwise entitled to protection under the law." "The request must be narrowly tailored to seek sealing only of sealable material, and must conform with Civil L.R. 79-5(d)."13 "Within 4 days of the filing of the Administrative Motion to File Under Seal, the Designating Party must file a declaration as required by subsection 79-5(d)(1)(A) establishing that all of the designated material is sealable."14

Motion Document to be Sealed Result Reason/Explanation to Seal 2395 Samsung's Opposition To UNSEALED Not narrowly tailored Apple's Motion To to confidential Compel Further Discovery business information And For Sanctions 2395 Pease Declaration ISO UNSEALED Not narrowly tailored Samsung's Opposition To to confidential Apple's Motion To business information Compel Further Discovery And For Sanctions 2395 Exhibit A to the Pease UNSEALED Not narrowly tailored Declaration ISO to confidential Samsung's Opposition To business information Apple's Motion To Compel Further Discovery And For Sanctions Infringement Contention 2395 Exhibit B to the Pease UNSEALED Not narrowly tailored Declaration ISO to confidential Samsung's Opposition To business information Apple's Motion To Compel Further Discovery And For Sanctions 2395 Exhibit C to the Pease UNSEALED Not narrowly tailored Declaration ISO to confidential Samsung's Opposition To business information Apple's Motion To Compel Further Discovery And For Sanctions 2395 Exhibit D to the Pease UNSEALED Not narrowly tailored Declaration ISO to confidential Samsung's Opposition To business information Apple's Motion To Compel Further Discovery And For Sanctions 2395 Exhibit E to the Pease UNSEALED Not narrowly tailored Declaration ISO to confidential Samsung's Opposition To business information Apple's Motion To Compel Further Discovery And For Sanctions 2395 Exhibit F to the Pease UNSEALED Not narrowly tailored Declaration ISO to confidential Samsung's Opposition To business information Apple's Motion To Compel Further Discovery And For Sanctions 2410 Apple's Reply ISO Motion UNSEALED No supporting To Compel Further declaration was filed Discovery And For Sanctions 2410 Exhibit A to the Mueller UNSEALED No supporting Declaration ISO Apple's declaration was filed Reply ISO Motion To Compel Further Discovery And For Sanctions 2471 Apple's Response To UNSEALED No supporting Samsung's Motion For declaration was filed; Leave To File not narrowly tailored Supplemental Declaration to confidential Of Thomas D. Pease business information 2556 Samsung's Supplemental SEALED UNSEALED Sealed portions Brief In Support Of 6:3, 9-11, 13-20 4:6-8 reflect narrow Opposition To Apple Inc.'s 4:14-5:25 tailoring to protect Motion To Compel 8:1-4 confidential business Further Discovery And For information. Sanctions For Violations Unsealed portions do Of Protective Order not or lack a supporting declaration. 2556 Ahn Declaration ISO SEALED UNSEALED Sealed portions Samsung's Supplemental 2:26-28 2:16-25 reflect narrow Brief In Support Of tailoring to protect Opposition To Apple Inc.'s 244:4-3: confidential business Motion To Compel 5:6-9 information. Further Discovery And For 5:27-6:1 Unsealed portions do Sanctions For Violations not or lack a Of Protective Order supporting declaration. 2556 Korea Declaration ISO SEALED UNSEALED Sealed portions Samsung's Supplemental 5:17-19 2:1-4, 21 reflect narrow Brief In Support Of 5:21-6:18 5:5-6, 17 tailoring to protect Opposition To Apple Inc.'s confidential business Motion To Compel 4:7-8 information. Further Discovery And For 4:27-5:13 Unsealed portions do Sanctions For Violations not or lack a Of Protective Order supporting declaration. 2556 Exhibit 1 to the Korea UNSEALED No supporting Declaration ISO declaration was filed. Samsung's Supplemental Brief In Support Of Opposition To Apple Inc.'s Motion To Compel Further Discovery And For Sanctions For Violations Of Protective Order 2556 Exhibit 2 to the Korea UNSEALED No supporting Declaration ISO declaration was filed. Samsung's Supplemental Brief In Support Of Opposition To Apple Inc.'s Motion To Compel Further Discovery And For Sanctions For Violations Of Protective Order 2556 Exhibit 3 to the Korea UNSEALED No supporting Declaration ISO declaration was filed. Samsung's Supplemental Brief In Support Of Opposition To Apple Inc.'s Motion To Compel Further Discovery And For Sanctions For Violations Of Protective Order 2556 Exhibit 4 to the Korea SEALED Narrowly tailored to Declaration ISO confidential business Samsung's Supplemental information Brief In Support Of Opposition To Apple Inc.'s Motion To Compel Further Discovery And For Sanctions For Violations Of Protective Order 2556 Exhibit 5 to the Korea SEALED Narrowly tailored to Declaration ISO confidential business Samsung's Supplemental information Brief In Support Of Opposition To Apple Inc.'s Motion To Compel Further Discovery And For Sanctions For Violations Of Protective Order 2556 McGowan Declaration ISO UNSEALED Not narrowly tailored Samsung's Supplemental to confidential Brief In Support Of business information Opposition To Apple Inc.'s Motion To Compel Further Discovery And For Sanctions For Violations Of Protective Order 2556 Kwak Declaration ISO UNSEALED, except 2:10-12. Sealed portions Samsung's Supplemental reflect narrow Brief In Support Of tailoring to protect Opposition To Apple Inc.'s confidential business Motion To Compel information. Further Discovery And For Unsealed portions Sanctions For Violations lack a supporting Of Protective Order declaration. 2556 Shim Declaration ISO UNSEALED Not narrowly tailored Samsung's Supplemental to confidential Brief In Support Of business information Opposition To Apple Inc.'s Motion To Compel Further Discovery And For Sanctions For Violations Of Protective Order 2556 Kang Declaration ISO SEALED UNSEALED Sealed portions Samsung's Supplemental reflect narrow Brief In Support Of 2:7-10 2:10-15 tailoring to protect Opposition To Apple Inc.'s 2:15-18 2:19-3:15 confidential business Motion To Compel 3:17-19, 21-22, information. Further Discovery And For 26-27 Unsealed portions do Sanctions For Violations 4:2-4 not or lack a Of Protective Order supporting declaration. 2556 Exhibit A to the Kang SEALED Narrowly tailored to Declaration ISO confidential business Samsung's Supplemental information Brief In Support Of Opposition To Apple Inc.'s Motion To Compel Further Discovery And For Sanctions For Violations Of Protective Order 2556 Exhibit C to the Becher UNSEALED Declaration filed Declaration ISO indicating no Samsung's Supplemental confidentiality claimed Brief In Support Of Opposition To Apple Inc.'s Motion To Compel Further Discovery And For Sanctions For Violations Of Protective Order 2556 Exhibit F to the Becher UNSEALED Declaration filed Declaration ISO indicating no Samsung's Supplemental confidentiality claimed Brief In Support Of Opposition To Apple Inc.'s Motion To Compel Further Discovery And For Sanctions For Violations Of Protective Order 2556 Exhibit N to the Becher UNSEALED Declaration filed Declaration ISO indicating no Samsung's Supplemental confidentiality claimed Brief In Support Of Opposition To Apple Inc.'s Motion To Compel Further Discovery And For Sanctions For Violations Of Protective Order 2556 Exhibit 0 to the Becher UNSEALED Declaration filed Declaration ISO indicating no Samsung's Supplemental confidentiality claimed Brief In Support Of Opposition To Apple Inc.'s Motion To Compel Further Discovery And For Sanctions For Violations Of Protective Order 2556 Exhibit P to the Becher UNSEALED Declaration filed Declaration ISO indicating no Samsung's Supplemental confidentiality claimed Brief In Support Of Opposition To Apple Inc.'s Motion To Compel Further Discovery And For Sanctions For Violations Of Protective Order 2556 Exhibit Q to the Becher UNSEALED Declaration filed Declaration ISO indicating no Samsung's Supplemental confidentiality claimed Brief In Support Of Opposition To Apple Inc.'s Motion To Compel Further Discovery And For Sanctions For Violations Of Protective Order s 2556 Exhibit R to the Becher UNSEALED Not narrowly tailored Declaration ISO to confidential Samsung's Supplemental business information Brief In Support Of Opposition To Apple Inc.'s Motion To Compel Further Discovery And For Sanctions For Violations Of Protective Order 2556 Exhibit S to the Becher UNSEALED Declaration filed Declaration ISO indicating no Samsung's Supplemental confidentiality claimed Brief In Support Of Opposition To Apple Inc.'s Motion To Compel Further Discovery And For Sanctions For Violations Of Protective Order 2556 Exhibit X to the Becher UNSEALED Declaration filed Declaration ISO indicating no Samsung's Supplemental confidentiality claimed Brief In Support Of Opposition To Apple Inc.'s Motion To Compel Further Discovery And For Sanctions For Violations Of Protective Order 2556 Camesasca Declaration UNSEALED Declaration filed ISO Samsung's indicating no Supplemental Brief In confidentiality claimed Support Of Opposition To Apple Inc.'s Motion To Compel Further Discovery And For Sanctions For Violations Of Protective Order 2556 Vanzetti Declaration ISO UNSEALED Declaration filed Samsung's Supplemental indicating no Brief In Support Of confidentiality claimed Opposition To Apple Inc.'s Motion To Compel Further Discovery And For Sanctions For Violations Of Protective Order 2557 Apple Inc.'s Supplemental UNSEALED, except 5:4-7 Sealed portions Brief in Support of Its reflect narrow Motion for Sanctions tailoring to protect confidential business information. Unsealed portions do not. 2557 Selwyn Declaration ISO UNSEALED Declaration filed Apple Inc.'s Supplemental indicating no Brief in Support of Its confidentiality claimed Motion for Sanctions or no supporting declaration was filed 2557 Exhibit 1 of the Selwyn UNSEALED Not narrowly tailored Declaration ISO Apple to confidential Inc.'s Supplemental Brief business information in Support of Its Motion for Sanctions 2557 Exhibit 2 of the Selwyn UNSEALED Not narrowly tailored Declaration ISO Apple to confidential Inc.'s Supplemental Brief business information in Support of Its Motion for Sanctions 2557 Exhibit 3 of the Selwyn UNSEALED Not narrowly tailored Declaration ISO Apple to confidential Inc.'s Supplemental Brief business information in Support of Its Motion for Sanctions 2557 Exhibit 4 of the Selwyn UNSEALED Not narrowly tailored Declaration ISO Apple to confidential Inc.'s Supplemental Brief business information in Support of Its Motion for Sanctions 2557 Exhibit 6 of the Selwyn SEALED Narrowly tailored to Declaration ISO Apple confidential business Inc.'s Supplemental Brief information in Support of Its Motion for Sanctions 2557 Exhibit 8 of the Selwyn UNSEALED Not narrowly tailored Declaration ISO Apple to confidential Inc.'s Supplemental Brief business information in Support of Its Motion for Sanctions 2557 Exhibit 9 of the Selwyn UNSEALED Not narrowly tailored Declaration ISO Apple to confidential Inc.'s Supplemental Brief business information in Support of Its Motion for Sanctions 2557 Exhibit 10 of the Selwyn UNSEALED Not narrowly tailored Declaration ISO Apple to confidential Inc.'s Supplemental Brief business information in Support of Its Motion for Sanctions 2557 Exhibit 11 of the Selwyn UNSEALED Not narrowly tailored Declaration ISO Apple to confidential Inc.'s Supplemental Brief business information in Support of Its Motion for Sanctions 2557 Exhibit 12 of the Selwyn UNSEALED Not narrowly tailored Declaration ISO Apple to confidential Inc.'s Supplemental Brief business information in Support of Its Motion for Sanctions 2557 Exhibit 13 of the Selwyn UNSEALED Not narrowly tailored Declaration ISO Apple to confidential Inc.'s Supplemental Brief business information in Support of Its Motion for Sanctions 2557 Exhibit 14 of the Selwyn UNSEALED Not narrowly tailored Declaration ISO Apple to confidential Inc.'s Supplemental Brief business information in Support of Its Motion for Sanctions 2557 Exhibit 15 of the Selwyn UNSEALED Not narrowly tailored Declaration ISO Apple to confidential Inc.'s Supplemental Brief business information in Support of Its Motion for Sanctions 2557 Exhibit 16 of the Selwyn UNSEALED Not narrowly tailored Declaration ISO Apple to confidential Inc.'s Supplemental Brief business information in Support of Its Motion for Sanctions 2557 Exhibit 17 of the Selwyn UNSEALED Not narrowly tailored Declaration ISO Apple to confidential Inc.'s Supplemental Brief business information in Support of Its Motion for Sanctions 2557 Exhibit 18 of the Selwyn UNSEALED Not narrowly tailored Declaration ISO Apple to confidential Inc.'s Supplemental Brief business information in Support of Its Motion for Sanctions 2557 Exhibit 19 of the Selwyn UNSEALED Not narrowly tailored Declaration ISO Apple to confidential Inc.'s Supplemental Brief business information in Support of Its Motion for Sanctions 2557 Exhibit 20 of the Selwyn UNSEALED Not narrowly tailored Declaration ISO Apple to confidential Inc.'s Supplemental Brief business information in Support of Its Motion for Sanctions 2557 Exhibit 21 of the Selwyn UNSEALED Not narrowly tailored Declaration ISO Apple to confidential Inc.'s Supplemental Brief business information in Support of Its Motion for Sanctions 2558 Koppelman Declaration UNSEALED No supporting ISO Nokia's Ex-Parte declaration was filed Administrative Motion to File Documents Under Seal 2558 Exhibit 1 of the UNSEALED No supporting Koppelman Declaration declaration was filed ISO Nokia's Ex-Parte Administrative Motion to File Documents Under Seal 2558 Exhibit 2 of the SEALED Narrowly tailored to Koppelman Declaration confidential business ISO Nokia's Ex-Parte information Administrative Motion to File Documents Under Seal 2558 Exhibit 3 of the UNSEALED Not narrowly tailored Koppelman Declaration to confidential ISO Nokia's Ex-Parte business information Administrative Motion to File Documents Under Seal 2558 Exhibit 4 of the UNSEALED Not narrowly tailored Koppelman Declaration to confidential ISO Nokia's Ex-Parte business information Administrative Motion to File Documents Under Seal 2558 Exhibit 5 of the UNSEALED Not narrowly tailored Koppelman Declaration to confidential ISO Nokia's Ex-Parte business information Administrative Motion to File Documents Under Seal 2558 Exhibit 6 of the UNSEALED Not narrowly tailored Koppelman Declaration to confidential ISO Nokia's Ex-Parte business information Administrative Motion to File Documents Under Seal 2558 Exhibit 7 of the UNSEALED Not narrowly tailored Koppelman Declaration to confidential ISO Nokia's Ex-Parte business information Administrative Motion to File Documents Under Seal 2558 Exhibit 8 of the SEALED Narrowly tailored to Koppelman Declaration confidential business ISO Nokia's Ex-Parte information Administrative Motion to File Documents Under Seal 2558 Exhibit 9 of the UNSEALED Not narrowly tailored Koppelman Declaration to confidential ISO Nokia's Ex-Parte business information Administrative Motion to File Documents Under Seal 2558 Exhibit 10 of the UNSEALED Not narrowly tailored Koppelman Declaration to confidential ISO Nokia's Ex-Parte business information Administrative Motion to File Documents Under Seal 2558 Exhibit 11 of the UNSEALED Not narrowly tailored Koppelman Declaration to confidential ISO Nokia's Ex-Parte business information Administrative Motion to File Documents Under Seal 2558 Exhibit 12 of the UNSEALED Not narrowly tailored Koppelman Declaration to confidential ISO Nokia Corporation and business information Nokia Inc.'s Ex-Parte Administrative Motion to File Documents Under Seal 2558 Exhibit 13 of the UNSEALED Not narrowly tailored Koppelman Declaration to confidential ISO Nokia's Ex-Parte business information Administrative Motion to File Documents Under Seal 2558 Exhibit 14 of the UNSEALED Not narrowly tailored Koppelman Declaration to confidential ISO Nokia's Ex-Parte business information Administrative Motion to File Documents Under Seal 2558 Exhibit 15 of the UNSEALED Not narrowly tailored Koppelman Declaration to confidential ISO Nokia's Ex-Parte business information Administrative Motion to File Documents Under Seal 2558 Exhibit 16 of the UNSEALED Not narrowly tailored Koppelman Declaration to confidential ISO Nokia's Ex-Parte business information Administrative Motion to File Documents Under Seal 2558 Exhibit 17 of the UNSEALED No supporting Koppelman Declaration declaration was filed ISO Nokia's Ex-Parte Administrative Motion to File Documents Under Seal 2558 Exhibit 18 of the UNSEALED No supporting Koppelman Declaration declaration was filed ISO Nokia's Ex-Parte Administrative Motion to File Documents Under Seal 2558 Exhibit 19 of the UNSEALED No supporting Koppelman Declaration declaration was filed ISO Nokia's Ex-Parte Administrative Motion to File Documents Under Seal 2558 Exhibit 20 of the UNSEALED No supporting Koppelman Declaration declaration was filed ISO Nokia's Ex-Parte Administrative Motion to File Documents Under Seal 2558 Exhibit 21 of the UNSEALED No supporting Koppelman Declaration declaration was filed ISO Nokia Corporation and Nokia Inc.'s Ex-Parte Administrative Motion to File Documents Under Seal 2558 Exhibit 22 of the UNSEALED No supporting Koppelman Declaration declaration was filed ISO Nokia's Ex-Parte Administrative Motion to File Documents Under Seal 2558 Exhibit 23 of the UNSEALED No supporting Koppelman Declaration declaration was filed ISO Nokia's Ex-Parte Administrative Motion to File Documents Under Seal 2558 Exhibit 25 of the UNSEALED No supporting Koppelman Declaration declaration was filed ISO Nokia's Ex-Parte Administrative Motion to File Documents Under Seal 2610 Becher Declaration in UNSEALED No supporting Support of Administrative declaration was filed Motion to File Documents Under Seal 2610 Samsung's Motion for UNSEALED Not narrowly tailored Leave to Take Discovery to protect confidential business information 2624 Apple Inc.'s Opposition to UNSEALED Not narrowly tailored Samsung's Motion for to confidential Leave to Take Discovery business information 2633 Samsung's Reply in UNSEALED Not narrowly tailored Support of its Motion for to confidential Leave to Take Discovery business information 2664 Becher Declaration in UNSEALED No supporting Support of Samsung's declaration was filed Administrative Motion to Seal 2664 Samsung's Notice Related UNSEALED Not narrowly tailored to In Camera Submission to confidential business information 2825 Apple Inc.'s Response to UNSEALED Not narrowly tailored Samsung's Brief to confidential Regarding Attorney-Client business information Privilege and Work-Product Production in Response to Order of November 8, 2013 2835 Samsung's Response to SEALED UNSEALED Sealed portions November 8, 2013 Order to 3:13 12:18-23 reflect narrow Show Cause Why tailoring to protect Sanctions Are Not 17:2-14 15:1-8, 10-16:3, confidential business Warranted n.6 information. 16:7, 12-15, Unsealed portions do n.7, 17-17:1 not. 17:21-18:18 2835 Exhibit 31 of the Becher UNSEALED Not narrowly tailored Declaration ISO to confidential Samsung's Response to business information November 2, 2013 Order to Show Cause Why Sanctions Are Not Warranted 2835 Exhibit 32 of the Becher UNSEALED Not narrowly tailored Declaration ISO to confidential Samsung's Response to business information November 2, 2013 Order to Show Cause Why Sanctions Are Not Warranted 2835 Exhibit 33 of the Becher UNSEALED Not narrowly tailored Declaration ISO to confidential Samsung's Response to business information November 2, 2013 Order to Show Cause Why Sanctions Are Not Warranted 2835 Exhibit 39 of the Becher UNSEALED, except 257-262 Sealed portions Declaration ISO (Transcript of Record at 87-92) reflect narrow Samsung's Response to tailoring to protect November 2, 2013 Order to confidential business Show Cause Why information. Sanctions Are Not Unsealed portions do Warranted not. 2835 Exhibit 40 of the Becher UNSEALED Not narrowly tailored Declaration ISO to confidential Samsung's Response to business information November 2, 2013 Order to Show Cause Why Sanctions Are Not Warranted 2835 Exhibit 41 of the Becher SEALED Narrowly tailored to Declaration ISO confidential business Samsung's Response to information November 2, 2013 Order to Show Cause Why Sanctions Are Not Warranted 2835 Exhibit 42 of the Becher SEALED Narrowly tailored to Declaration ISO confidential business Samsung's Response to information November 2, 2013 Order to Show Cause Why Sanctions Are Not Warranted 2836 Nokia's Brief ISO UNSEALED Not narrowly tailored Sanctions Against to confidential Samsung and Quinn business information Emmanuel 2836 Exhibit 1 of the UNSEALED Not narrowly tailored Koppelman Declaration to confidential ISO Nokia's Brief ISO business information Sanctions Against Samsung and Quinn Emmanuel 2836 Exhibit 2 of the UNSEALED Not narrowly tailored Koppelman Declaration to confidential ISO Nokia's Brief ISO business information Sanctions Against Samsung and Quinn Emmanuel 2836 Exhibit 3 of the UNSEALED Not narrowly tailored Koppelman Declaration to confidential ISO Nokia's Brief ISO business information Sanctions Against Samsung and Quinn Emmanuel 2836 Exhibit 4 of the UNSEALED Not narrowly tailored Koppelman Declaration to confidential ISO Nokia's Brief ISO business information Sanctions Against Samsung and Quinn Emmanuel 2836 Exhibit 5 of the UNSEALED, except 58:4-59:25 Not narrowly tailored Koppelman Declaration to confidential ISO Nokia's Brief ISO business information Sanctions Against Samsung and Quinn Emmanuel 2836 Exhibit 6 of the SEALED Narrowly tailored to Koppelman Declaration confidential business ISO Nokia's Brief ISO information Sanctions Against Samsung and Quinn Emmanuel 2836 Exhibit 7 of the UNSEALED Not narrowly tailored Koppelman Declaration to confidential ISO Nokia's Brief ISO business information Sanctions Against Samsung and Quinn Emmanuel 2836 Exhibit 8 of the UNSEALED Not narrowly tailored Koppelman Declaration to confidential ISO Nokia's Brief ISO business information Sanctions Against Samsung and Quinn Emmanuel 2836 Exhibit 9 of the UNSEALED Not narrowly tailored Koppelman Declaration to confidential ISO Nokia's Brief ISO business information Sanctions Against Samsung and Quinn Emmanuel 2836 Exhibit 11 of the UNSEALED Declaration filed Koppelman Declaration indicating no ISO Nokia's Brief ISO confidentiality Sanctions Against claimed Samsung and Quinn Emmanuel 2836 Exhibit 12 of the UNSEALED Declaration filed Koppelman Declaration indicating no ISO Nokia's Brief ISO confidentiality Sanctions Against claimed Samsung and Quinn Emmanuel 2838 Apple's Brief Regarding UNSEALED Not narrowly tailored Appropriate Sanctions for to confidential Samsung's Protective business information Order Violations 2838 Exhibit 22 to Selwyn UNSEALED Not narrowly tailored Declaration ISO Apple's to confidential Brief Regarding business information Appropriate Sanctions for Samsung's Protective Order Violations 2838 Exhibit 23 to Selwyn UNSEALED Not narrowly tailored Declaration ISO Apple's to confidential Brief Regarding business information Appropriate Sanctions for Samsung's Protective Order Violations 2838 Exhibit 24 to Selwyn UNSEALED Not narrowly tailored Declaration ISO Apple's to confidential Brief Regarding business information Appropriate Sanctions for Samsung's Protective Order Violations 2838 Exhibit 25 to Selwyn UNSEALED Not narrowly tailored Declaration ISO Apple's to confidential Brief Regarding business information Appropriate Sanctions for Samsung's Protective Order Violations 2838 Exhibit 26 to Selwyn UNSEALED Not narrowly tailored Declaration ISO Apple's to confidential Brief Regarding business information Appropriate Sanctions for Samsung's Protective Order Violations 2871 Samsung's Supplemental UNSEALED Not narrowly tailored Response to confidential business information 2871 Exhibit 1 to Becher UNSEALED Not narrowly tailored Declaration ISO to confidential Samsung's Supplemental business information Response 2872 Nokia's Supplemental UNSEALED Not narrowly tailored Brief to confidential business information. 2872 Exhibit 1 to Koppelman UNSEALED Not narrowly tailored Declaration ISO Nokia's to confidential Supplemental Brief business information 2873 Apple's Post-Hearing UNSEALED except 4:15-17, Sealed portions Brief in Support of 4:24-5:6 reflect narrow Sanctions tailoring to protect confidential business information. Unsealed portions do not. 2974 Apples February 17, 2014 UNSEALED Motion denied at Letter Brief Feb. 27 hearing (see Docket No. 2997) 2975 NishiNo supporting UNSEALED Motion denied at declaration ISO of Apple's Feb. 27 hearing (see Motion to File Under Seal Docket No. 2997) 2975 NishiNo supporting UNSEALED Motion denied at declaration ISO of Feb. 27 hearing (see Samsung's Motion to File Docket No. 2997) Under Seal 2976 Kolovos Sealing UNSEALED Motion denied at Declaration Feb. 27 hearing (see Docket No. 2997) 2977 Samsung's Opposition to UNSEALED Motion denied at Administrative Motion to Feb. 27 hearing (see Seal Docket No. 2997) 2991 Kolovos Sealing UNSEALED Motion denied at Declaration Feb. 27 hearing (see Docket No. 2997) 2993 Samsung's Opposition to UNSEALED Motion denied at Administrative Motion to Feb. 27 hearing (see Seal Docket No. 2997) 3037 Samsung's Motion for UNSEALED Notice filed from Authorization to Submit Apple indicating no Deposition Transcripts of sealing necessary; No Paul Melin and Eeva supporting Hakoranta to The ITC declaration was filed by Nokia 3037 Becher Declaration ISO UNSEALED Declaration filed Samsung's Motion for indicating no Authorization to Submit confidentiality Deposition Transcripts of claimed or no Paul Melin and Eeva supporting Hakoranta to The ITC declaration was filed 3037 Exhibit 1 to Becher UNSEALED Declaration filed Declaration ISO indicating no Samsung's Motion for confidentiality Authorization to Submit claimed or no Deposition Transcripts of supporting Paul Melin and Eeva declaration was filed Hakoranta to The ITC 3037 Exhibit 2 to Becher UNSEALED Declaration filed Declaration ISO indicating no Samsung's Motion for confidentiality Authorization to Submit claimed or no Deposition Transcripts of supporting Paul Melin and Eeva declaration was filed Hakoranta to The ITC 3039 Nokia's Reply to UNSEALED Declaration filed Samsung's Opposition to indicating no Nokia's Motion to Compel confidentiality Information for claimed Remediation 3039 Exhibit 1 to Koppelman UNSEALED Declaration filed Declaration ISO Reply to indicating no Samsung's Opposition to confidentiality Nokia's Motion to Compel claimed or not Information for narrowly tailored to Remediation confidential business information

IT IS SO ORDERED.

FootNotes


1. See, e.g., Case No. 5:11-cv-01846-LHK (PSG), Docket Nos. 1115, 2222; Case No. 5:12-cv-00630-LHK (PSG), Docket Nos. 1415, 1136.
2. Kamakana v. City & County of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Commc'ns, Inc., 435 U.S. 589, 597 & n. 7 (1978)).
3. Id. (quoting Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003)).
4. Id. at 1178-79.
5. Apple Inc. v. Samsung Electronics Co., Ltd., 727 F.3d 1214, 1228-29 (Fed. Cir. 2013).
6. See id. at 1180.
7. Id. at 1179 (internal quotations and citations omitted).
8. Id.
9. Phillips ex rel. Estates of Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002); see Fed. R. Civ. P. 26(c).
10. Beckman Indus., Inc. v. Int'l Ins. Co., 966 F.2d 470, 476 (9th Cir. 1992).
11. See Kamakana, 447 F.3d at 1179-80.
12. See Civ. L.R. 79-5(d)(1)(A) ("Reference to a stipulation or protective order that allows a party to designate certain documents as confidential is not sufficient to establish that a document, or portions thereof, are sealable.").
13. Civ. L.R. 79-5(b). In part, Civ. L.R. 79-5(d) requires the submitting party to attach a "proposed order that is narrowly tailored to seal only the sealable material" which "lists in table format each document or portion thereof that is sought to be sealed," Civ. L.R. 79-5(d)(1)(b), and an "unreadacted version of the document" that indicates "by highlighting or other clear method, the portions of the document that have been omitted from the redacted version." Civ. L.R. 79-5(d)(1)(d).
14. Civ. L.R. 79-5(e)(1). The Civil Local Rules have recently been amended shortening the time available to the designating party to file a supporting declaration from seven days to four days. As this rule change was only recently implemented the court applies the prior form of Civ. L.R. 79-5 for the purposes of this order.
Source:  Leagle

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