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California Northern District Court
Case No. 5:12-cv-00630-LHK
Apple Inc. v. Samsung Electronics Co., Ltd. et al

Document 1981

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 Case5:12-cv-00630-LHK Document1981 Filed09/18/14 Page1 of 17

10 UNITED STATES DISTRICT COURT

For the Northern District of California

11 NORTHERN DISTRICT OF CALIFORNIA

United States District Court

12 SAN JOSE DIVISION

13
APPLE INC., a California Corporation, ) Case No.: 5:12-cv-0630-LHK-PSG
14 )
Plaintiff, ) ORDER RE: MOTIONS TO SEAL
15 v. )
) (Re: Docket Nos. 766, 890, 962, 963, 964,
16 SAMSUNG ELECTRONICS CO., LTD., a ) 965, 978, 985, 989, 992, 1009, 1011, 1017,
17 Korean corporation; SAMSUNG ) 1018, 1169, 1170, 1171, 1172, 1173, 1174,
ELECTRONICS AMERICA, INC., a New York ) 1175, 1214, 1218, 1258, 1280, 1282, 1289,
18 corporation; and SAMSUNG ) 1320, 1322, 1323)
TELECOMMUNICATIONS AMERICA, LLC, )
19 a Delaware limited liability company, )
)
20 Defendants. )
21 )

22 Before the court are 30 administrative motions to seal hundreds of documents.

23 “Historically, courts have recognized a ‘general right to inspect and copy public records and
24 documents, including judicial records and documents.’”1 Accordingly, when considering a sealing
25
request, “a ‘strong presumption in favor of access’ is the starting point.”2 Parties seeking to seal
26

27 1
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)).
28
1
Case No.: 5:12-cv-0630-LHK-PSG
ORDER RE: MOTIONS TO SEAL
 Case5:12-cv-00630-LHK Document1981 Filed09/18/14 Page2 of 17

judicial records relating to dispositive motions bear the burden of overcoming the presumption
1

2 with “compelling reasons” that outweigh the general history of access and the public policies

3 favoring disclosure.3

4 However, “while protecting the public's interest in access to the courts, we must remain
5
mindful of the parties' right to access those same courts upon terms which will not unduly harm
6
their competitive interest.”4 Records attached to nondispositive motions therefore are not subject
7
to the strong presumption of access.5 Because the documents attached to nondispositive motions
8
“are often unrelated, or only tangentially related, to the underlying cause of action,” parties moving
9

10 to seal must meet the lower “good cause” standard of Rule 26(c).6 As with dispositive motions, the
For the Northern District of California

11 standard applicable to nondispositive motions requires a “particularized showing”7 that “specific

United States District Court

12 prejudice or harm will result” if the information is disclosed.8 “Broad allegations of harm,
13
unsubstantiated by specific examples of articulated reasoning” will not suffice.9 A protective order
14
sealing the documents during discovery may reflect the court’s previous determination that good
15
cause exists to keep the documents sealed,10 but a blanket protective order that allows the parties to
16

17

18

19 2
Id. (quoting Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003)).
20 3
Id. at 1178-79.
21 4
Apple Inc. v. Samsung Electronics Co., Ltd., 727 F.3d 1214, 1228-29 (Fed. Cir. 2013).
22 5
See id. at 1180.
23 6
Id. at 1179 (internal quotations and citations omitted).
24 7
Id.
25 8
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).
26
9
Beckman Indus., Inc. v. Int’l Ins. Co., 966 F.2d 470, 476 (9th Cir. 1992).
27
10
See Kamakana, 447 F.3d at 1179-80.
28
2
Case No.: 5:12-cv-0630-LHK-PSG
ORDER RE: MOTIONS TO SEAL
 Case5:12-cv-00630-LHK Document1981 Filed09/18/14 Page3 of 17

designate confidential documents does not provide sufficient judicial scrutiny to determine whether
1

2 each particular document should remain sealed.11

3 In addition to making particularized showings of good cause, parties moving to seal

4 documents must comply with the procedures established by Civ. L.R. 79-5. Pursuant to
5
Civ. L.R. 79-5(b), a sealing order is appropriate only upon a request that establishes the document
6
is “sealable,” or “privileged or protectable as a trade secret or otherwise entitled to protection under
7
the law.” “The request must be narrowly tailored to seek sealing only of sealable material, and
8
must conform with Civil L.R. 79-5(d).”12 “Within 4 days of the filing of the Administrative
9

10 Motion to File Under Seal, the Designating Party must file a declaration as required by subsection
For the Northern District of California

11 79-5(d)(1)(A) establishing that all of the designated material is sealable.”13

United States District Court

12 With these standards in mind, the courts rules on the instant motions as follows:
13
Motion Document to be Sealed Result Reason/Explanation
14 to Seal
766 Notice Of Motion Related UNSEALED. No declaration filed.
15 To September 20, 2013
Hearing
16 890 Apple’s Motion to Strike Yellow highlighting in Docket Sealed portions
Arguments from No. 882-3 and portions indicated narrowly tailored to
17 Samsung’s Invalidity and in Docket No. 940 SEALED; confidential source
Non-Infringement Expert remainder UNSEALED. code and business
18 Reports Regarding Apple information; unsealed
Patents portions lack
19 supporting
declaration.
20 890 Exhibit 1 to the Furman Boxed in blue in Docket No. Sealed portions

21 11
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
22 portions thereof, are sealable.”).
23 12
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
24 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
25 portions of the document that have been omitted from the redacted version.”
Civ. L.R. 79-5(d)(1)(d).
26
13
Civ. L.R. 79-5(e)(1). The Civil Local Rules have recently been amended shortening the time
27 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
28 for the purposes of this order.
3
Case No.: 5:12-cv-0630-LHK-PSG
ORDER RE: MOTIONS TO SEAL
 Case5:12-cv-00630-LHK Document1981 Filed09/18/14 Page4 of 17

Declaration 882-7 SEALED; remainder narrowly tailored to

1 UNSEALED. confidential source
code and business
2 information; unsealed
portions lack
3 supporting
declaration.
4 890 Exhibit 2 to the Furman Boxed in blue in Docket No. Sealed portions
Declaration 882-8 and portions indicated in narrowly tailored to
5 Docket No. 940 SEALED; confidential source
remainder UNSEALED. code and business
6 information; unsealed
portions lack
7 supporting
declaration.
8 890 Exhibit 3 to the Furman UNSEALED. No declaration filed.
Declaration
9

10
890 Exhibit 4 to the Furman UNSEALED. No declaration filed.
For the Northern District of California

11 Declaration
United States District Court

890 Exhibit 5 to the Furman Portions indicated in Docket No. Sealed portions
12 Declaration 940 SEALED; remainder narrowly tailored to
UNSEALED. confidential source
13 code and business
information; unsealed
14 portions lack
supporting
15 declaration.
890 Exhibit 6 to the Furman Boxed in blue in Docket No. Sealed portions
16 Declaration 882-12 SEALED; remainder narrowly tailored to
UNSEALED. confidential source
17 code and business
information; unsealed
18 portions lack
supporting
19 declaration.
890 Exhibit 7 to the Furman Boxed in blue in Docket No. Sealed portions
20 Declaration 882-13 and portions indicated in narrowly tailored to
Docket No. 940 SEALED; confidential source
21 remainder UNSEALED. code and business
information; unsealed
22 portions lack
supporting
23 declaration.
890 Exhibit 8 to the Furman UNSEALED. No declaration filed.
24 Declaration
890 Exhibit 9 to the Furman UNSEALED. No declaration filed.
25 Declaration
26 890 Exhibit 10 to the Furman UNSEALED. No declaration filed.
Declaration
27 890 Exhibit 11 to the Furman Portions indicated in Docket No. Sealed portions
Declaration 940 SEALED. narrowly tailored to
28 confidential source
4
Case No.: 5:12-cv-0630-LHK-PSG
ORDER RE: MOTIONS TO SEAL
 Case5:12-cv-00630-LHK Document1981 Filed09/18/14 Page5 of 17

code and business

1 information.
890 Exhibit 12 to the Furman Portions indicated in Docket No. Sealed portions
2 Declaration 940 SEALED. narrowly tailored to
confidential source
3 code and business
information.
4 890 Exhibit 13 to the Furman UNSEALED. No declaration filed.
Declaration
5 890 Exhibit 14 to the Furman UNSEALED. Declaration not
Declaration narrowly tailored to
6 confidential source
code or business
7 information.
890 Exhibit 16 to the Furman UNSEALED. No declaration filed.
8 Declaration
890 Exhibit 17 to the Furman UNSEALED. Declaration not
9 Declaration narrowly tailored to
confidential source
10 code or business
information.
For the Northern District of California

11 890 Exhibit 22 to the Furman UNSEALED. No declaration filed.

United States District Court

Declaration
12
890 Exhibit 27 to the Furman Boxed in blue in Docket No. Sealed portions
13 Declaration 882-33 SEALED. narrowly tailored to
confidential source
14 code and business
information.
15 890 Exhibit 28 to the Furman Boxed in blue in 882-51 Sealed portions
Declaration SEALED. narrowly tailored to
16 confidential source
code and business
17 information.
890 Exhibit 35 to the Furman UNSEALED. No declaration filed.
18 Declaration
890 Exhibit 36 to the Furman Portions indicated in Docket No. Sealed portions
19 Declaration 940 SEALED. narrowly tailored to
confidential source
20 code and business
information.
21 890 Exhibit 37 to the Furman Portions indicated in Docket No. Sealed portions
Declaration 940 SEALED. narrowly tailored to
22 confidential source
code and business
23 information.
890 Exhibit 41 to the Furman UNSEALED. No declaration filed.
24 Declaration
890 Exhibit 42 to the Furman Portions indicated in Docket No. Sealed portions
25 Declaration 940 SEALED. narrowly tailored to
confidential source
26 code and business
information.
27 890 Exhibit 43 to the Furman UNSEALED. No declaration filed.
Declaration
28 962 Samsung’s Opposition to Green highlights in Docket No. Sealed portions
5
Case No.: 5:12-cv-0630-LHK-PSG
ORDER RE: MOTIONS TO SEAL
 Case5:12-cv-00630-LHK Document1981 Filed09/18/14 Page6 of 17

Apple’s Motion to Strike 962-4, portions indicated in narrowly tailored to

1 Docket No. 1001, and portions confidential source
indicated in Docket No. 1002 code and business
2 SEALED; remainder information; unsealed
UNSEALED. portions lack
3 supporting
declaration.
4 962 Exhibit 1 to the Declaration UNSEALED. Not narrowly tailored
of Michael L. Fazio to confidential source
5 code or business
information.
6 962 Exhibit 2 to the Declaration UNSEALED. No supporting
of Michael L. Fazio highlighted document
7 “lodged” with the
court as indicated by
8 Apple in Docket No.
1002. Apple may
9 seek reconsideration
upon filing the
10 omitted document.
962 Exhibit 3 to the Declaration UNSEALED. Not narrowly tailored
For the Northern District of California

11 of Michael L. Fazio to confidential source

United States District Court

code or business
12 information.
962 Exhibit 4 UNSEALED. Not narrowly tailored
13 to confidential source
code or business
14 information.
962 Exhibit 6 to the Declaration UNSEALED. Not narrowly tailored
15 of Michael L. Fazio to confidential source
code or business
16 information.
962, 992 Exhibit 7 to the Declaration UNSEALED. Not narrowly tailored
17 of Michael L. Fazio to confidential source
(Corrected in Docket No. code or business
18 992) information.
19 962 Exhibit 9 to the Declaration Portions indicated in Docket No. Sealed portions
of Michael L. Fazio 1002 (Docket No. 882-51) narrowly tailored to
20 SEALED, remainder confidential source
UNSEALED. code and business
21 information; no
supporting
22 highlighted document
“lodged” with the
23 court as indicated by
Apple in Docket No.
24 1002. Apple may
seek reconsideration
25 upon filing the
omitted document.
26 962 Exhibit 10 to the UNSEALED. Not narrowly tailored
Declaration of Michael L. to confidential source
27 Fazio code or business
information.
28 962 Exhibit 11 to the UNSEALED. Not narrowly tailored
6
Case No.: 5:12-cv-0630-LHK-PSG
ORDER RE: MOTIONS TO SEAL
 Case5:12-cv-00630-LHK Document1981 Filed09/18/14 Page7 of 17

Declaration of Michael L. to confidential source

1 Fazio code or business
information.
2 962, Exhibit 19 to the Portions indicated in Docket No. Sealed portions
1169, Declaration of Michael L. 962-15 and green highlights in narrowly tailored to
3 1172 Fazio (Docket No. 962-11) Docket No. 1172 SEALED. confidential source
code and business
4 information.
962 Exhibit 24 to the Portions indicated in Docket No. Sealed portions
5 Declaration of Michael L. 962-15 and portions in Docket narrowly tailored to
Fazio No. 1001 SEALED. confidential source
6 code and business
information.
7 962 Exhibit 28 to the Portions indicated in Docket No. Sealed portions
Declaration of Michael L. 1002 referencing Docket No. narrowly tailored to
8 Fazio 882-33 SEALED. confidential source
code and business
9 information.
962 Exhibit 31 to the Portions indicated in Docket No. Not narrowly tailored
10 Declaration of Michael L. 1002 referencing Docket No. to confidential source
Fazio 989-4 SEALED. code or business
For the Northern District of California

11 information.
United States District Court

962 Exhibit 36 to the UNSEALED. No supporting

12 Declaration of Michael L. highlighted document
Fazio “lodged” with the
13 court as indicated by
Apple in Docket No.
14 1002. Apple may
seek reconsideration
15 upon filing the
omitted document.
16 962 Exhibit 37 to the Portions indicated in Docket No. Sealed portions
Declaration of Michael L. 962-15, portions indicated in narrowly tailored to
17 Fazio Docket No. 1001, and portions confidential source
indicated in Docket No. 1002 code and business
18 SEALED. information.
19 962 Exhibit 38 to the UNSEALED. Not narrowly tailored
Declaration of Michael L. to confidential source
20 Fazio code or business
information.
21 962 Exhibit 39 to the Portions indicated in Docket No. Sealed portions
Declaration of Michael L. 962-15 SEALED. narrowly tailored to
22 Fazio confidential source
code and business
23 information.
962 Exhibit 40 to the UNSEALED. Declaration not
24 Declaration of Michael L. narrowly tailored to
Fazio confidential source
25 code or business
information.
26 962 Exhibit 42 to the 137: 24-28; 138:1-3, 5, 7-12, 14- Only sealed portions
Declaration of Michael L. 28; 139 2-7, 11-19; 21-28; narrowly tailored to
27 Fazio 140:1, 3-6, 8-18; 20-25; 141:1-6 confidential source
SEALED; remainder code and business
28 UNSEALED. information.
7
Case No.: 5:12-cv-0630-LHK-PSG
ORDER RE: MOTIONS TO SEAL
 Case5:12-cv-00630-LHK Document1981 Filed09/18/14 Page8 of 17

962 Exhibit 45 to the Portions indicated in Docket No. Sealed portions

1 Declaration of Michael L. 1001 SEALED. narrowly tailored to
Fazio confidential source
2 code and business
information.
3 962 Exhibit 46 to the UNSEALED. Not narrowly tailored
Declaration of Michael L. to confidential source
4 Fazio code or business
information.
5 962 Exhibit 47 to the UNSEALED. Not narrowly tailored
Declaration of Michael L. to confidential source
6 Fazio code or business
information.
7 962 Exhibit 48 to the UNSEALED. Not narrowly tailored
Declaration of Michael L. to confidential source
8 Fazio code or business
information.
9 962 Exhibit 53 to the UNSEALED. Not narrowly tailored
Declaration of Michael L. to confidential source
10 Fazio code or business
information.
For the Northern District of California

11 962 Exhibit 54 to the Portions indicated in Docket No. Sealed portions

United States District Court

Declaration of Michael L. 1001 SEALED. narrowly tailored to

12 Fazio confidential source
code and business
13 information.
963, Samsung’s Opposition to Gray highlighting indicated in Only sealed portions
14 1173, Apple’s Motion to Strike Docket No. 996, portions narrowly tailored to
1175 Arguments from indicated in Docket No. 1003, confidential source
15 Samsung’s Infringement gray highlighting indicated in code and business
Docket No. 1008, yellow information.
16 highlighting in 1173, and
portions indicated in 1175-14
17 SEALED; remainder
UNSEALED.
18
963 Exhibit 1 to the Declaration UNSEALED. Not narrowly tailored
19 of Samuel Drezdzon to confidential source
code or business
20 information.
963, Exhibit 2 to the Declaration Portions indicated in Docket No. Sealed portions
21 1169 of Samuel Drezdzon 1003 SEALED; extra narrowly tailored to
highlighting in Docket No. 1169 confidential source
22 UNSEALED. code and business
information; unsealed
23 portions lack
supporting
24 declaration.
963 Exhibit 3 to the Declaration UNSEALED. Not narrowly tailored
25 of Samuel Drezdzon to confidential source
code or business
26 information.
963 Exhibit 4 to the Declaration UNSEALED. Not narrowly tailored
27 of Samuel Drezdzon to confidential source
code or business
28 information.
8
Case No.: 5:12-cv-0630-LHK-PSG
ORDER RE: MOTIONS TO SEAL
 Case5:12-cv-00630-LHK Document1981 Filed09/18/14 Page9 of 17

963, Exhibit 5 to the Declaration UNSEALED. Not narrowly tailored

1 1169, of Samuel Drezdzon to confidential source
1173 code or business
2 information and lacks
supporting
3 declaration.
963 Exhibit 6 to the Declaration UNSEALED. Not narrowly tailored
4 of Samuel Drezdzon to confidential source
code or business
5 information.
963, Exhibit 7 to the Declaration Yellow highlighting in Docket Sealed portions
6 1169, of Samuel Drezdzon No. 1173-3 and portions narrowly tailored to
1173, indicated in Docket No. 1175-14 confidential source
7 1175 SEALED; remainder code and business
UNSEALED. information; no
8 supporting
highlighted document
9 “lodged” with the
court as indicated by
10 Apple in Docket No.
1003. Apple may
For the Northern District of California

11 seek reconsideration
United States District Court

upon filing the

12 omitted document.
963, Exhibit 8 to the Declaration Yellow highlighting in Docket Sealed portions
13 1169, of Samuel Drezdzon No. 1173-3 and portions narrowly tailored to
1173, indicated in Docket No. 1175-14 confidential source
14 1175 SEALED; remainder code and business
UNSEALED. information; no
15 supporting
highlighted document
16 “lodged” with the
court as indicated by
17 Apple in Docket No.
1003. Apple may
18 seek reconsideration
upon filing the
19 omitted document.
963, Exhibit 9 to the Declaration Portions indicated in Docket No. Sealed portions
20 1169, of Samuel Drezdzon 1003, yellow highlighting in narrowly tailored to
1173, Docket No. 1173-5 and portions confidential source
21 1175, indicated in Docket No. 1175-14 code and business
1218 SEALED; extra highlighting in information; unsealed
22 Docket No. 1218 UNSEALED. portions lack
supporting
23 declaration.
963 Exhibit 10 to the UNSEALED. Not narrowly tailored
24 Declaration of Samuel to confidential source
Drezdzon code or business
25 information.
963, Exhibit 13 to the Portions indicated in Docket No. Sealed portions
26 1169, Declaration of Samuel 1003; yellow highlighting in narrowly tailored to
1173, Drezdzon Docket No. 1173-6, and portions confidential source
27 1218, indicated in Docket No. 1175-14 code and business
1175 SEALED; extra highlighting in information; unsealed
28
9
Case No.: 5:12-cv-0630-LHK-PSG
ORDER RE: MOTIONS TO SEAL
 Case5:12-cv-00630-LHK Document1981 Filed09/18/14 Page10 of 17

Docket No. 1218 UNSEALED. portions lack

1 supporting
declaration.
2 964 Apple’s Opposition to Highlighted portions at 1:20-21, Only sealed portions
Samsung’s Motion to 24-28; 3:25-28; 4:2-6, 21-22, 28; narrowly tailored to
3 Strike Regarding Apple 5:12, 15-17, 19-21, 24-28; 6:1-3, confidential source
Patents 5-8, 14-18, 20-21, 23-27; 7:1, 4- code and business
4 5, 7-13; 8:18-22, 27-28; 10:19, information.
27-28; 13:18-19; 14:1-9, 13-15,
5 17-20; 17:12-13; 23:1-3, 8-10
SEALED; remainder
6 UNSEALED.
964 Exhibit E to the 5:21-25; 7-15 SEALED; Only sealed portions
7 Declaration of Jennifer remainder UNSEALED. narrowly tailored to
Rho confidential source
8 code and business
information.
9 964 Exhibit F to the Entire document SEALED. Sealed portions
Declaration of Jennifer narrowly tailored to
10 Rho confidential source
code and business
For the Northern District of California

11 information.
United States District Court

964 Exhibit G to the Entire document SEALED. Sealed portions

12 Declaration of Jennifer narrowly tailored to
Rho confidential source
13 code and business
information.
14 964, Exhibit I to the Declaration 28:5-10; 52-53; 54:1-16; 56: Only sealed portions
989-2 of Jennifer Rho SEALED; remainder narrowly tailored to
15 UNSEALED. confidential source
code and business
16 information.
964, Exhibit J to the Declaration Highlighting in Docket No. 989- Only sealed portions
17 989-3 of Jennifer Rho 4 SEALED; remainder narrowly tailored to
UNSEALED. confidential source
18 code and business
information.
19
964 Exhibit K to the 8:1-11, fn. 11-15; 9:4-16, fn. 29- Only sealed portions
20 Declaration of Jennifer 34 SEALED; remainder narrowly tailored to
Rho UNSEALED. confidential source
21 code and business
information.
22 964 Exhibit L to the 95-98; 101; 174-75; 7-N:7:5-15, Only sealed portions
Declaration of Jennifer fn. 11-15; 7-N:15:2-14, fn. 29-34 narrowly tailored to
23 Rho SEALED; remainder confidential source
UNSEALED. code and business
24 information.
964 Exhibit M to the UNSEALED. No supporting
25 Declaration of Jennifer declaration filed.
Rho
26 964, Exhibit N to the Highlighting at 212:696 Only sealed portions
989-4 Declaration of Jennifer SEALED; remainder narrowly tailored to
27 Rho UNSEALED. confidential source
code and business
28 information.
10
Case No.: 5:12-cv-0630-LHK-PSG
ORDER RE: MOTIONS TO SEAL
 Case5:12-cv-00630-LHK Document1981 Filed09/18/14 Page11 of 17

964, Exhibit P to the 45:25, 27; 46:3-6, 9, 17, 19, 22; Only sealed portions
1 1175 Declaration of Jennifer 59:16-18; 107:22-25; 108:1-24; narrowly tailored to
Rho 109:1-2, 5-9, 11-15, 18-28; confidential source
2 110:1-6, 9-28; 111:1-4, 7-13; code and business
112:2-28; 113:1-16, 20-28; information.
3 114:1-28; 115:1-17; 117:2-9, 23-
28; 118:1-17, 27; 119:2-4; 120;
4 121:4-6, 16-27; green
highlighting in Docket Nos.
5 1175-13 and 1200 SEALED;
remainder UNSEALED.
6 964 Exhibit R to the UNSEALED. No supporting
Declaration of Jennifer declaration filed.
7 Rho
964, Exhibit S to the Highlighting at 13:4-16; yellow Only sealed portions
8 1175 Declaration of Jennifer highlighting in Docket No. narrowly tailored to
Rho 1175-13 SEALED; remainder confidential source
9 UNSEALED. code and business
information.
10 964 Exhibit T to the 115:7 SEALED; remainder Only sealed portions
Declaration of Jennifer UNSEALED. narrowly tailored to
For the Northern District of California

11 Rho confidential source

United States District Court

code and business

12 information.
964 Exhibit W to the UNSEALED. Not narrowly tailored
13 Declaration of Jennifer to confidential source
Rho code and business
14 information.
964 Exhibit X to the UNSEALED. No supporting
15 Declaration of Jennifer declaration filed.
Rho
16 964 Exhibit AA to the 5:20-27; 6:8-10; 24-26; 8-17 Only sealed portions
Declaration of Jennifer SEALED; remainder narrowly tailored to
17 Rho UNSEALED. confidential source
code and business
18 information.
19 965, Apple’s Opposition to Yellow, blue, and magenta Sealed portions
1175, Samsung’s Motion to highlighting in Docket No. 965- narrowly tailored to
20 1214 Strike Expert Testimony 4, yellow highlighting in Docket confidential source
Based on Undisclosed Nos. 1175-8 and 1214, and code and business
21 Theories and Claim portions indicated in Docket No. information.
Constructions 1196 SEALED.
22 965, Exhibit 3 to the Declaration Yellow highlighting in Docket Sealed portions
1175, of Peter J. Kolovos Nos. 965-9, 1175-9, and 1214-1 narrowly tailored to
23 1214 SEALED. confidential source
code and business
24 information.
965, Exhibit 5 to the Declaration Yellow highlighting in Docket Sealed portions
25 1175, of Peter J. Kolovos Nos. 965-11, 1175-9, and 1214-1 narrowly tailored to
1214 SEALED. confidential source
26 code and business
information.
27 965, Exhibit 10 to the Yellow highlighting in Docket Sealed portions
1175 Declaration of Peter J. No. 965-19, portions indicated in narrowly tailored to
28 Kolovos Docket No. 1000, and yellow confidential source
11
Case No.: 5:12-cv-0630-LHK-PSG
ORDER RE: MOTIONS TO SEAL
 Case5:12-cv-00630-LHK Document1981 Filed09/18/14 Page12 of 17

highlighting in Docket No. code and business

1 1175-9 SEALED. information.
965, Exhibit 11 to the Yellow and pink highlighting in Sealed portions
2 985, Declaration of Peter J. Docket No. 965-20, portions narrowly tailored to
1175, Kolovos indicated in Docket No. 1000, confidential source
3 1214 amendments in Docket No. 985, code and business
yellow highlighting in Docket information.
4 Nos. 1175-9 and 1214-1, and
blue highlighting in Docket Nos.
5 1189 and 1196 SEALED.
965, Exhibit 14 to the Yellow highlighting in Docket Sealed portions
6 985, Declaration of Peter J. No. 965-24; ¶530, and yellow narrowly tailored to
1175, Kolovos highlighting in Docket Nos. confidential source
7 1214 1175-9 and 1214-1 SEALED. code and business
information.
8 978 Samsung’s Corrected Highlighting in Docket No. 978- Sealed portions
Opposition to Apple’s 2 SEALED. narrowly tailored to
9 Motion to Strike confidential source
Arguments from code and business
10 Samsung’s Infringement information.
Reports
For the Northern District of California

11 1009, Samsung’s Reply in Highlighting in Docket No. Sealed portions

United States District Court

1174 Support of its Motion to 1009-4 and blue-green narrowly tailored to

12 Strike Expert Testimony highlighting in Docket No. 1174 confidential source
Based on Undisclosed SEALED; 1:16-17; 3:28; 4:1, code and business
13 Theories and Claim 17-19, 27-28, and extra blue- information; unsealed
Constructions green highlighting in Docket No. portions are public
14 1218 UNSEALED. knowledge or lack
supporting
15 declaration.
1009 Exhibit 2 to the Declaration UNSEALED. Not narrowly tailored
16 of Marissa Ducca to confidential source
code and business
17 information.
1009 Exhibit 3 to the Declaration UNSEALED. Not narrowly tailored
18 of Marissa Ducca to confidential source
code or business
19 information.
20 1011 Apple’s Reply in Support Yellow highlighting in Docket Sealed portions
of Its Motion to Strike No. 1011-6 and portions narrowly tailored to
21 Arguments from indicated in Docket No. 1029 confidential source
Samsung’s Invalidity and SEALED. code and business
22 Non-Infringement Expert information.
Reports Regarding Apple
23 Patents
1011 Exhibit 47 to the UNSEALED. No supporting
24 Declaration of Joshua declaration filed.
Furman
25 1011 Exhibit 48 to the Portions indicated in Docket No. Sealed portions
Declaration of Joshua 1029 and Docket No. 1030 narrowly tailored to
26 Furman SEALED. confidential source
code and business
27 information.
1011 Exhibit 49 to the UNSEALED. No supporting
28 Declaration of Joshua declaration filed.
12
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 Case5:12-cv-00630-LHK Document1981 Filed09/18/14 Page13 of 17

Furman
1 1011 Exhibit 50 to the UNSEALED. No supporting
Declaration of Joshua declaration filed.
2 Furman
1011 Exhibit 51 to the UNSEALED. Google declaration at
3 Declaration of Joshua Docket No. 1029
Furman mentions “selected
4 portions” but does
not indicate which
5 specific “selected”
portions. Google
6 may seek
reconsideration upon
7 filing the omitted
document.
8 1017, Apple’s Reply in Support Yellow and blue highlighting in Sealed portions
1175 of its Motion to Strike Docket Nos. 1017-3 and 1033 narrowly tailored to
9 Arguments from and yellow highlighting in confidential source
Samsung’s Infringement Docket No. 1175-10 SEALED; code and business
10 Expert Reports Regarding remainder UNSEALED. information; unsealed
Samsung Patents portions lack
For the Northern District of California

11 supporting
United States District Court

declaration.
12 1017 Exhibit 2 to the Declaration SEALED. Narrowly tailored to
of Peter J. Kolovos confidential source
13 code and business
information.
14 1017 Exhibit 3 to the Declaration SEALED. Narrowly tailored to
of Peter J. Kolovos confidential source
15 code and business
information.
16 1017 Exhibit 6 to the Declaration Yellow highlighting in Docket Sealed portions
of Peter J. Kolovos No. 1017-11 SEALED. narrowly tailored to
17 confidential source
code and business
18 information.
19 1017 Exhibit 9 to the Declaration SEALED. Narrowly tailored to
of Peter J. Kolovos confidential source
20 code and business
information.
21 1018 Samsung’s Reply in Green highlighting in Docket Sealed portions
Support of its Motion to No. 1018-4 and portions narrowly tailored to
22 Strike Expert Testimony indicated in Docket No. 1029 confidential source
Based on Previously SEALED. code and business
23 Undisclosed Theories information.
1018 Exhibit 2 to the UNSEALED. No supporting
24 Supplemental Declaration declaration filed.
of Michael L. Fazio
25 1018 Exhibit 3 to the Portions indicated in Docket No. Sealed portions
Supplemental Declaration 1029 SEALED. narrowly tailored to
26 of Michael L. Fazio confidential source
code and business
27 information.
1018 Exhibit 4 to the Portions indicated in Docket Sealed portions
28 Supplemental Declaration Nos. 1018-8 and 1029 SEALED. narrowly tailored to
13
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 Case5:12-cv-00630-LHK Document1981 Filed09/18/14 Page14 of 17

of Michael L. Fazio confidential source

1 code and business
information.
2 1018 Exhibit 5 to the SEALED. Narrowly tailored to
Supplemental Declaration confidential source
3 of Michael L. Fazio code and business
information.
4 1018 Exhibit 7 to the UNSEALED. Google declaration at
Supplemental Declaration Docket No. 1029
5 of Michael L. Fazio mentions “selected
portions” but does
6 not indicate which
specific “selected”
7 portions. Google
may seek
8 reconsideration upon
filing the omitted
9 document.
1018 Exhibit 9 to the Portions indicated in Docket No. Sealed portions
10 Supplemental Declaration 1018-8 SEALED. narrowly tailored to
of Michael L. Fazio confidential source
For the Northern District of California

11 code and business

United States District Court

information.
12 1018 Exhibit 10 to the UNSEALED. Not narrowly tailored
Supplemental Declaration to confidential source
13 of Michael L. Fazio code or business
information.
14 1169, Exhibit 6 to the Declaration Blue-green highlighting in Sealed portions
1170, of Todd Briggs (Docket Docket No. 1170 SEALED; narrowly tailored to
15 1175, No. 878-11) extra blue-green highlighting in confidential source
1218 Docket No. 1218 UNSEALED. code or business
16 information; unsealed
portions lack
17 supporting
declaration.
18 1169, Exhibit 7 to the Declaration Blue-green highlighting in Sealed portions
1170 of Todd Briggs (Docket Docket No. 1170-2 SEALED; narrowly tailored to
19 Nos. 878-12, 878-13) except 28:5-7, 10-12; 67:8-10 confidential source
UNSEALED. code and business
20 information; unsealed
portions are public
21 knowledge or lack
supporting
22 declaration.
23 1169, Exhibit 8 to the Declaration Yellow highlighting in 1170-3, Sealed portions
1170, of Todd Briggs (Docket 1170-4, and 1175-14 SEALED; narrowly tailored to
24 1175, No. 878-14, 878-15) extra highlighting in Docket No. confidential source
1218 1218 UNSEALED. code or business
25 information; unsealed
portions lack
26 supporting
declaration.
27 1169, Exhibit 10 to the Yellow highlighting in 1170-5 Sealed portions
1170, Declaration of Todd Briggs and 1175-14 SEALED; narrowly tailored to
28 1175 (Docket No. 878-17) remainder UNSEALED. confidential source
14
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 Case5:12-cv-00630-LHK Document1981 Filed09/18/14 Page15 of 17

code or business
1 information; unsealed
portions lack
2 supporting
declaration.
3 1169, Exhibit 11 to the Blue-green highlighted portions Sealed portions
1170, Declaration of Todd Briggs in Docket No. 1170-6 SEALED. narrowly tailored to
4 1175 (Docket No. 878-18) confidential source
code and business
5 information; unsealed
portions are public
6 knowledge or lack
supporting
7 declaration.
1169, Exhibit 8 to the Declaration UNSEALED. No supporting
8 1171 of Michael L. Fazio declaration filed.
(Docket No. 880-21)
9 1169, Exhibit 27 to the Blue-green highlighted portions Sealed portions
1171 Declaration of Michael L. in Docket No. 1171-1 SEALED. narrowly tailored to
10 Fazio (Docket Nos. 880- confidential source
22, 880-6) code and business
For the Northern District of California

11 information; unsealed
United States District Court

portions are public

12 knowledge or lack
supporting
13 declaration.
1175 Exhibit 5 to the Declaration Green highlighting in Docket Sealed portions
14 of Joshua Furman Nos. 1175-12 and 1200 narrowly tailored to
SEALED. confidential source
15 code and business
information.
16 1175 Exhibit 11 to the Green highlighting on pp. 107 Sealed portions
Declaration of Joshua and 111 indicated in Docket narrowly tailored to
17 Furman Nos. 1175-12 and 1200 confidential source
SEALED. code and business
18 information.
1175 Exhibit 36 to the Green highlighting in Docket Sealed portions
19 Declaration of Joshua Nos. 1175-12 and 1200 narrowly tailored to
Furman SEALED. confidential source
20 code and business
information.
21
1175 Exhibit 8 to the Declaration UNSEALED. Lacks supporting
22 of Michael Fazio highlighted document
to reconsider. Apple
23 may seek
reconsideration upon
24 filing the omitted
document.
25 1175 Apple’s Motion to Strike Yellow highlighting in Docket Sealed portions
Arguments from No. 1175-4 SEALED. narrowly tailored to
26 Samsung’s Infringement confidential source
Expert Reports Regarding code and business
27 Samsung Patents information; unsealed
portions lack
28 supporting
15
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 Case5:12-cv-00630-LHK Document1981 Filed09/18/14 Page16 of 17

declaration.
1 1175, Exhibit A to the Yellow highlighted portions in Sealed portions
1214 Declaration of Mark D. Docket Nos. 1175-5 and 1214-2 narrowly tailored to
2 Selwyn SEALED. confidential source
code and business
3 information; unsealed
portions lack
4 supporting
declaration.
5 1175, Exhibit B to the Yellow highlighting in Docket Sealed portions
1214 Declaration of Mark D. Nos. 1175-6 and 1214-3 narrowly tailored to
6 Selwyn SEALED. confidential source
code and business
7 information; unsealed
portions lack
8 supporting
declaration.
9 1175 Exhibit D to the Yellow highlighting in Docket Sealed portions
Declaration of Mark D. No. 1175-7 SEALED. narrowly tailored to
10 Selwyn confidential source
code and business
For the Northern District of California

11 information; unsealed
United States District Court

portions lack
12 supporting
declaration.
13 1175 Exhibit 16 to the UNSEALED. No supporting
Declaration of Peter J. declaration filed.
14 Kolovos
1175 Exhibit 6 to the Declaration Yellow highlighting in Docket Sealed portions
15 of Mark D. Selwyn No. 1175-11 SEALED. narrowly tailored to
confidential source
16 code and business
information.
17 1258 Krevitt Letter UNSEALED. Denied in Case No.
5:11-cv-01846-LHK,
18 Docket Nos. 2997,
3027.
19
1258 Lee Letter UNSEALED. Denied in Case No.
20 5:11-cv-01846-LHK,
Docket Nos. 2997,
21 3027.
1258 Kolovos Declaration UNSEALED. Denied in Case No.
22 5:11-cv-01846-LHK,
Docket Nos. 2997,
23 3027.
1280 Samsung’s Opposition to UNSEALED. Denied in Case No.
24 Apple’s Motion to Seal 5:11-cv-01846-LHK,
Docket Nos. 2997,
25 3027.
1280 Becher Declaration UNSEALED. Denied in Case No.
26 5:11-cv-01846-LHK,
Docket Nos. 2997,
27 3027.
1280 Exhibit 1 to Becher UNSEALED. Denied in Case No.
28 Declaration 5:11-cv-01846-LHK,
16
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