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

Case 5:06-cv-01839-PVT

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Filed 03/21/2008

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KARL J. KRAMER (CA SBN 136433) ERIKA L. YAWGER (CA SBN 234919) MORRISON & FOERSTER LLP 755 Page Mill Road Palo Alto, California 94304-1018 Telephone: (650) 813-5600 Facsimile: (650) 494-0792 [email protected] Attorneys for Defendant and Counterclaimant SYNAPTICS, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

ELANTECH DEVICES CORPORATION, a corporation existing under the laws of Taiwan, R.O.C., Plaintiff, v. SYNAPTICS, INC., a Delaware corporation; AVERATEC, INC., a California corporation; and PROSTAR COMPUTER, INC., a California corporation, Defendants. AND RELATED COUNTERCLAIMS

Case No.

C06-01839 CRB

SYNAPTICS, INC.'S MISCELLANEOUS ADMINISTRATIVE REQUEST TO FILE DOCUMENT UNDER SEAL Date: TBD Time: TBD Courtroom 8, 19th Floor Hon. Charles R. Breyer

SYNAPTICS' MISC. ADMIN. REQUEST TO FILE DOCUMENTS UNDER SEAL CASE NO. C06-01839 CRB pa-1242316

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Pursuant to Federal Rule of Civil Procedure 26(c) and Civil Local Rules 3-17(d), 7-11, and 79-5(d), Defendant Synaptics, Inc. ("Synaptics") hereby requests permission to file under seal the following document: Synaptics, Inc.'s Reply to Elantech's Brief in Response to March 6, 2008 Order Re: Partial Summary Judgment ("Reply"). Civil Local Rule 79-5 provides that a court order authorizing the sealing of a document may be obtained when it is established that the document in question contains information that is privileged, protectable as a trade secret, or otherwise entitled to protection under the law. The Reply discusses and refers in detail to information that Elantech Devices Corporation ("Elantech") has designated as confidential firmware and source code ("Code"). This discussion occurs throughout the Reply. Elantech represented that this Code contains highly confidential business information regarding the operation of Elantech's touchpad products. Elantech designated it as "Highly Confidential Code" and "Confidential ­ Attorneys' Eyes Only" pursuant to the September 26, 2006 Amended Protective Order. See Supporting Declaration of Karl J. Kramer (attached). The Court has previously granted Elantech's and Synaptics's requests in the briefing on other summary judgment motions to file materials relating to the parties' firmware and source codes under seal. (See, e.g., March 17, 2006 Order Granting Synaptics's Administrative Motion to File Documents Under Seal; March 6, 2008 Order Granting Synaptics's Administrative Motion for File Documents Under Seal; February 21, 2008 Order Granting Elantech's Administrative Motion to File Papers Under Seal; January 2, 2008 Order Granting Synaptics' Administrative Motion to File Papers Under Seal; December 26, 2007 Order Granting Synaptics' Administrative Motion to File Papers Under Seal; November 27, 2007 Order Granting Elantech's Administrative Motion to File Papers Under Seal; June 18, 2007 Order Granting Synaptics' Motion to File Papers Under Seal; May 29, 2007 Order Granting Elantech's Administrative Motion to File Papers Under Seal; May 21, 2007 Order Granting Synaptics' Motion to File Papers Under Seal.)

SYNAPTICS' MISC. ADMIN. REQUEST TO FILE DOCUMENTS UNDER SEAL CASE NO. C06-01839 CRB pa-1242316

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For the reasons stated above, Synaptics respectfully requests that the Court grant its Miscellaneous Administrative Request to File Documents Under Seal.

Dated: March 21, 2008

KARL J. KRAMER ERIKA L. YAWGER MORRISON & FOERSTER LLP

By:

/s/Karl J. Kramer Karl J. Kramer Email: [email protected] Attorneys for Defendant and Counterclaimant SYNAPTICS, INC.

SYNAPTICS' MISC. ADMIN. REQUEST TO FILE DOCUMENTS UNDER SEAL CASE NO. C06-01839 CRB pa-1242316

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SUPPORTING DECLARATION OF KARL J. KRAMER I, Karl J. Kramer, declare as follows: 1. I am a member of the bar of the State of California, and I am admitted before this

Court. I am a partner of the law firm of Morrison & Foerster LLP, counsel of record for Synaptics, Inc. ("Synaptics") in the above-captioned action. I have personal knowledge of the facts set forth herein and, if called as a witness, I could competently testify thereto. 2. Synaptics seeks to file under seal the following document: Synaptics, Inc.'s Reply

to Elantech's Brief in Response to March 6, 2008 Order Re: Partial Summary Judgment ("Reply"). 3. The Reply discusses and refers in detail to information that Elantech has

designated as confidential firmware and source code ("Code"). Elantech represented that this Code contains highly confidential business information regarding the operation of Elantech's touchpad products. Elantech designated the Code as "Highly Confidential Code" and "Confidential ­ Attorneys' Eyes Only" pursuant to the September 26, 2006 Amended Protective Order. (See Docket No. 55.) Accordingly, Synaptics seeks to file the Reply under seal. I declare under penalty of perjury under the laws of the United States of America that, to the best of my knowledge, the foregoing is true and correct. Executed on March 21, 2008, in Palo Alto, California. By: /s/Karl J. Kramer Karl J. Kramer Email: [email protected]

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[PROP.] ORDER GRANTING SYNAPTICS' MAR TO FILE DOCUMENTS UNDER SEAL
CASE NO. C06-01839 CRB

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

ELANTECH DEVICES CORPORATION, a corporation existing under the laws of Taiwan, R.O.C., Plaintiff,

Case No.

C06-01839 CRB

[PROPOSED] ORDER GRANTING SYNAPTICS, INC.'S MISCELLANEOUS ADMINISTRATIVE REQUEST TO FILE DOCUMENTS UNDER SEAL Date: TBD Time: TBD Courtroom 8, 19th Floor Hon. Charles R. Breyer

SYNAPTICS, INC., a Delaware corporation; AVERATEC, INC., a California corporation; and PROSTAR COMPUTER, INC., a California corporation,

AND RELATED COUNTERCLAIMS

pa-1242318

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This matter comes before the Court on an administrative motion to file under seal: Synaptics, Inc.'s Reply to Elantech's Brief in Response to March 6, 2008 Order Re: Partial Summary Judgment ("Reply"). Having considered Synaptics's request, as well as the pleadings and materials lodged and filed in this matter, the Court finds that there is GOOD CAUSE APPEARING for Synaptics's Reply to be filed under seal. Defendant's administrative motion to file documents under seal is hereby GRANTED.

IT IS SO ORDERED. Dated: _____________________

By: UNITED STATES DISTRICT COURT JUDGE HONORABLE CHARLES R. BREYER

[PROP.] ORDER GRANTING SYNAPTICS' MAR TO FILE DOCUMENTS UNDER SEAL
CASE NO. C06-01839 CRB

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pa-1242318