Free Motion for Miscellaneous Relief - District Court of California - California

Case 5:06-cv-01839-PVT

Document 285

Filed 03/21/2008

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Yitai Hu (SBN 248085)([email protected]) Sean P. DeBruine (SBN 168071)([email protected]) Ming-Tao Yang (SBN 221295) ([email protected]) Hsin-Yi Cindy Feng (SBN 215152)([email protected]) AKIN GUMP STRAUSS HAUER & FELD LLP Two Palo Alto Square 3000 El Camino Real, Suite 400 Palo Alto, California 94306 Telephone: 650-838-2000 Facsimile: 650-838-2001 Attorneys for Plaintiff and Counterdefendant ELANTECH DEVICES CORPORATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

ELANTECH DEVICES CORP., Plaintiff, vs. SYNAPTICS, INC. and AVERATEC, INC., Defendants.

Case No. 3:06-CV-01839 CRB ELANTECH'S ADMINISTRATIVE MOTION TO FILE ITS REPLY BRIEF IN RESPONSE TO MARCH 6, 2008 ORDER RE: PARTIAL SUMMARY JUDGMENT UNDER SEAL; DECLARATION OF SEAN P. DEBRUINE

ELANTECH'S ADMIN. MOTION TO FILE ITS REPLY BRIEF IN RESPONSE TO MARCH 6, 2008 ORDER RE: PARTIAL SUMMARY JUDGMENT UNDER SEAL

CASE NO. 06-CV-01839 CRB

Case 5:06-cv-01839-PVT

Document 285

Filed 03/21/2008

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Pursuant to Civil Local Rules 7-11 and 79-5, Plaintiff Elantech Devices Corporation ("Elantech") hereby requests leave of Court to file under seal the following documents which have been lodged with the Clerk: 1. Elantech Devices Corp.'s Reply Brief in Response to March 6, 2008 Order Re: Partial Summary Judgment. As discussed in the attached supporting Declaration of Sean P. DeBruine ("DeBruine Decl."), this document discusses in detail aspects of the design of Elantech's accused products, including its highly confidential source code, which is designated as "Highly Confidential Code" under the September 26, 2006 Amended Protective Order. See DeBruine Decl., ¶ 3. Accordingly, Elantech respectfully requests that this document be filed under seal.

Dated: March 21, 2008

Respectfully Submitted, AKIN GUMP STRAUSS HAUER & FELD LLP By: /s/ Sean P. DeBruine

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Attorneys for Plaintiff and Counterdefendant ELANTECH DEVICES CORP.

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ELANTECH'S ADMIN. MOTION TO FILE ITS REPLY BRIEF IN RESPONSE TO MARCH 6, 2008 ORDER RE: PARTIAL SUMMARY JUDGMENT UNDER SEAL CASE NO. 06-CV-01839 CRB

Case 5:06-cv-01839-PVT

Document 285

Filed 03/21/2008

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DECLARATION OF SEAN P. DEBRUINE I, Sean P. DeBruine, declare as follows: 1. I am a partner with the law firm of Akin Gump Strauss Hauer & Feld, LLP, counsel to

Plaintiff Elantech Devices Corporation ("Elantech") in this matter. I have personal knowledge of the following facts and, if called to testify, I could and would testify competently to the matters stated herein. 2. Elantech seeks to file under seal its Reply Brief in Response to March 6, 2008 Order Re:

Partial Summary Judgment. 3. Elantech's Reply Brief in Response to March 6, 2008 Order Re: Partial Summary

Judgment discusses in detail the operations of Elantech's touchpad products, particularly its highly sensitive source code, which is designated "Highly Confidential Code" pursuant to the September 26, 2006 Amended Stipulated Protective Order. Accordingly, Elantech is submitting this document for filing under seal and is filing a redacted version of this document in the public record. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed this 21th day of March, 2008 at Palo Alto, California.

/s/ Sean P. DeBruine

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ELANTECH'S ADMIN. MOTION TO FILE ITS REPLY BRIEF IN RESPONSE TO MARCH 6, 2008 ORDER RE: PARTIAL SUMMARY JUDGMENT UNDER SEAL CASE NO. 06-CV-01839 CRB

Case 5:06-cv-01839-PVT

Document 285-2

Filed 03/21/2008

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Yitai Hu (SBN 248085)([email protected]) Sean P. DeBruine (SBN 168071)([email protected]) Ming-Tao Yang (SBN 221295) ([email protected]) Hsin-Yi Cindy Feng (SBN 215152)([email protected]) AKIN GUMP STRAUSS HAUER & FELD LLP Two Palo Alto Square 3000 El Camino Real, Suite 400 Palo Alto, California 94306 Telephone: 650-838-2000 Facsimile: 650-838-2001 Attorneys for Plaintiff and Counterdefendant ELANTECH DEVICES CORPORATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

ELANTECH DEVICES CORP., Plaintiff, vs. SYNAPTICS, INC. and AVERATEC, INC., Defendants.

Case No. 3:06-CV-01839 CRB [PROPOSED] ORDER GRANTING ELANTECH'S ADMINISTRATIVE MOTION TO FILE ITS REPLY BRIEF IN RESPONSE TO MARCH 6, 2008 ORDER RE: PARTIAL SUMMARY JUDGMENT UNDER SEAL

[PROPOSED] ORDER GRANTING ELANTECH'S ADMINISTRATIVE MOTION TO FILE ITS REPLY BRIEF IN RESPONSE TO MARCH 6, 2008 ORDER UNDER SEAL

CASE NO. 06-CV-01839 CRB

Case 5:06-cv-01839-PVT

Document 285-2

Filed 03/21/2008

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The Court has received Plaintiff Elantech Devices Corp.'s Administrative Motion to File Its Reply Brief in Response to March 6, 2008 Order Re: Partial Summary Judgment Under Seal. Good cause appearing, the motion is GRANTED. It is hereby ORDERED that Elantech's Reply Brief in Response to March 6, 2008 Order Re: Partial Summary Judgment is to be filed under seal.

IT IS SO ORDERED.

Dated: March ___, 2008

_____________________________________ HONORABLE CHARLES R. BREYER UNITED STATES DISTRICT JUDGE

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[PROPOSED] ORDER GRANTING ELANTECH'S ADMINISTRATIVE MOTION TO FILE ITS REPLY BRIEF IN RESPONSE TO MARCH 6, 2008 ORDER UNDER SEAL CASE NO. 06-CV-01839 CRB