Free Transfer Document - District Court of California - California

Case 3:08-cv-01607-JAH-JMA

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William J. O'Shaughnessy (WJO 5256) McCARTER & ENGLISH, LLP Four Gateway Center 100 Mulberry Street Newark, NJ 07102 (973) 622-4444 Evan R. Chesler Richard J. Stark David R. Marriott CRAVATH, SWAINE & MOORE LLP Worldwide Plaza 825 Eighth Avenue New York, NY 10019 (212) 474-1000 Richard S. Taffet BINGHAM McCUTCHEN LLP 399 Park Avenue New York, NY 10022 (212) 705-7000 Attorneys for Defendant UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

BROADCOM CORPORATION Plaintiff, v. QUALCOMM INCORPORATED, Defendant. TO: LIZA M. WALSH, ESQ. Connell Foley LLP 85 Livingston Avenue Roseland, New Jersey 07068

Civil Action No. 05-3550 (MLC) NOTICE OF MOTION Return Date: September 18, 2006

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STEPHEN R. NEUWIRTH, ESQ. Quinn Emanuel Urquhart Oliver & Hedges, LLP 335 Madison Avenue New York, New York 10017 Attorneys for Texas Instruments Incorporated DAVID S. STONE, ESQ. Boies, Schiller & Flexner LLP 150 John F. Kennedy Parkway Short Hills, NJ 07078 (973) 218-1111 Fax: (973) 218-1106 Cleary Gottlieb Steen & Hamilton LLP 2000 Pennsylvania Avenue, NW Washington, DC 20006 (202) 974-1500 Fax: (202) 974-1999 Boies, Schiller & Flexner LLP 570 Lexington Avenue New York, NY 10022 (212) 446-2300 Fax: (212) 446-2350 Attorneys for Plaintiff PLEASE TAKE NOTICE that Defendant QUALCOMM Incorporated ("QUALCOMM") will move this Court at The Fisher Federal Building and United States Courthouse, 402 East State Street, Trenton, New Jersey, on September 18, 2006 at 9 a.m., before Judge Mary L. Cooper, for an order pursuant to Local Rule 5.3 to seal materials submitted in Opposition to Texas Instruments Incorporated's Motion to Quash and in Support of Qualcomm Incorporated's Cross-Motion to Compel. PLEASE TAKE FURTHER NOTICE that in support of the motion, QUALCOMM relies on the accompanying Memorandum in Support of QUALCOMM Incorporated's Motion to Seal Materials Pursuant to Local Rule 5.3.

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PLEASE TAKE FURTHER NOTICE that a proposed form of order granting QUALCOMM's motion is submitted with the motion. Dated: August 22, 2006 McCARTER & ENGLISH, LLP

By:_s/ William J. O'Shaughnessy William J. O'Shaughnessy P.O. Box 652 Four Gateway Center 100 Mulberry Street Newark, NJ 07101-0652 (973) 622-4444 CRAVATH, SWAINE & MOORE LLP Evan R. Chesler Richard J. Stark David R. Marriott Worldwide Plaza 825 Eighth Avenue New York, NY 10019 (212) 474-1000 BINGHAM McCUTCHEN LLP Richard S. Taffet 399 Park Avenue New York, NY 10022 (212) 705-7000 Attorneys for Defendant Qualcomm Incorporated

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

BROADCOM CORPORATION, Plaintiff, v. QUALCOMM INCORPORATED, Defendant. Civil Action No. 05-3350 (MLC) ORDER TO SEAL MATERIALS

THIS MATTER having been opened to the Court by McCarter & English, LLP, attorneys for defendant QUALCOMM Incorporated, upon QUALCOMM's application for the entry of an Order, pursuant to Local Civil Rule 5.3(c), providing for filing under seal of materials related to QUALCOMM's Memorandum in Opposition to Texas Instruments Incorporated's Motion to Quash and in Support of Qualcomm Incorporated's Cross-Motion to Compel and the Court having considered the papers submitted in support of this Motion and the arguments of counsel, the Court hereby finds: 1. Through discovery in this case, the parties have produced confidential

information, the public disclosure of which could affect legitimate business interests. To protect the confidentiality of this information, the parties entered into an Order Governing the Production and Exchange of Confidential Material, which this Court entered on March 13, 2006 (the "Protective Order"). 2. The Protective Order allows the parties to designate information as

"Confidential" (Order ¶ 3) or "Highly Confidential (id. ¶ 4), and provides that a party wishing to use material designated "Confidential" or "Highly Confidential" in a

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submission filed with the Court must move pursuant to Local Rule 5.3 for leave to file the submission under seal (id. ¶ 11). 3. QUALCOMM has filed under seal, in accordance with the provisions of

Local Rule 5.3, the following documents related to QUALCOMM's Memorandum in Opposition to Texas Instruments Incorporated's Motion to Quash and in Support of Qualcomm Incorporated's Cross-Motion to Compel: a) A "Common Interest and Confidentiality Agreement" between and among Broadcom, TI, and an unknown, third company, executed between Broadcom and TI in April 2005, produced by Broadcom in this action and designated "Highly Confidential", bearing production numbers BCMCEN4174577-81 (Gonell Ex. 3); b) Excerpts of Broadcom Corporation's Objections and Responses to QUALCOMM Incorporated's First Set Of Interrogatories, designated by Broadcom as "Highly Confidential" and dated February 16, 2006 (Gonell Ex. 7); c) A letter from S. Kaiser to F. Gonell comprising Broadcom's supplemental response to QUALCOMM's Interrogatory No. 11, designated by Broadcom as "Highly Confidential" (Gonell Ex. 15); d) A document produced by Broadcom entitled "PROJECT STOCKHOLM ­ 27 October ­ 10am", reflecting the status of approvals for a joint press release by Broadcom, Texas Instruments, Nokia, Ericsson, NEC and Panasonic relating to those companies' complaints to the European Commission about QUALCOMM, designated by Broadcom as "Confidential" and bearing production number BCMBLA0868475 (Gonell Ex. 16); e) An email produced by Broadcom from Gail Chandler of Texas Instruments to, among others, Peter Olofsson of Ericsson and Bill Blanning of Broadcom, confirming that "Project Stockholm" and "Project 17" are the same "project", designated "Confidential" and bearing production numbers BCMBLA0467013-014 (Gonell Ex. 17); and f) A series of emails between Gail Chandler of TI and Don Clark of the Wall Street Journal discussing, among other things, a potential meeting between Stephen Neuwirth, counsel for TI, and Mr. Clark regarding TI's complaint against QUALCOMM to the European Commission, produced by TI in this action and designated "Highly Confidential", bearing production numbers TI0020993 to TI-0020994 (Gonell Ex. 37).

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g) The Memorandum in Opposition to Texas Instruments Incorporated's Motion to Quash and in Support of Qualcomm Incorporated's Cross-Motion To Compel. Collectively, these documents are referred to herein as the "Confidential Materials." 4. The Confidential Materials contain information that has been designated

"Confidential" or "Highly Confidential" by Broadcom and Texas Instruments Incorporated ("TI") in accordance with the Protective Order. 5. QUALCOMM has complied with the terms of the Protective Order by

moving to file the Confidential Materials under seal pursuant to L.Civ.R. 5.3(c). 6. The information in the Confidential Materials satisfies the standards set

forth in L.Civ.R. 5.3. There is no less restrictive alternative to the filing of these materials under seal. THEREFORE, it is this _________ day of ________________________ 2006 ORDERED that the Motion to Seal Materials Pursuant to Local Rule 5.3 is hereby granted; and IT IS FURTHER ORDERED that the Clerk is hereby directed to seal the Confidential Materials.

Honorable Mary L. Cooper United States District Judge

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William J. O'Shaughnessy (WJO 5256) McCARTER & ENGLISH, LLP Four Gateway Center 100 Mulberry Street Newark, New Jersey 07102-4056 973-622-4444 Evan R. Chesler Richard J. Stark David R. Marriott CRAVATH, SWAINE & MOORE LLP Worldwide Plaza 825 Eighth Avenue New York, New York 10019 (212) 474-1000 Attorneys for Defendant Qualcomm Incorporated

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

BROADCOM CORPORATION, Plaintiff, v. QUALCOMM INCORPORATED, Defendant.

: : : : : : : : :

Civil Action No. 05-3350 (MLC)

CERTIFICATION OF SERVICE RICHARD HERNANDEZ, of full age, certifies as follows: 1. I am an attorney at law of the State of New Jersey and am associated with the firm

of McCarter & English, LLP, attorneys for defendant Qualcomm Incorporated. 2. On August 22, 2006, I forwarded true copies of: (a) Notice of Motion;

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(b) Memorandum In Support of Qualcomm Incorporated's Motion to Seal Materials Pursuant to Local Rule 5.3; (c) Proposed Order;

to the following: Counsel for Plaintiff Broadcom Corporation Via Electronic Filing and First Class Mail David S. Stone, Esq. Boies, Schiller & Flexner LLP 150 John F. Kennedy Parkway Short Hills, New Jersey 07078 Steven J. Kaiser, Esq. Cleary Gottlieb Steen & Hamilton LLP 2000 Pennsylvania Avenue, NW Washington, DC 20006 Counsel for Non-Party Texas Instruments Incorporated: Via Federal Express __ Liza M. Walsh, Esq. Connell Foley LLP 85 Livingston Avenue Roseland, New Jersey 07068 Stephen R. Neuwirth, Esq. Quinn Emanuel Urquhart Oliver & Hedges, LLP 335 Madison Avenue New York, New York 10017

I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

s/ Richard Hernandez

DATED: August 26, 2006 -2-