SMRH:489027509.1 SAMSUNG’S RESPONSE TO COURT ORDER ECF 1144

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SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

A Limited Liability Partnership 

Including Professional Corporations 

GARY L. HALLING, Cal. Bar No. 66087 

ghalling@sheppardmullin.com 

MICHAEL W. SCARBOROUGH, Cal. Bar No. 203524 

mscarborough@sheppardmullin.com 

MONA SOLOUKI, Cal. Bar No. 215145 

msolouki@sheppardmullin.com 

Four Embarcadero Center, 17th Floor 

San Francisco, California 94111-4109 

Telephone: 415.434.9100 

Facsimile: 415.434.3947 

Attorneys for Non-Parties 

SAMSUNG ELECTRONICS CO., LTD., 

SAMSUNG SEMICONDUCTOR, INC. and 

SAMSUNG ELECTRONICS AMERICA, INC. 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN JOSE DIVISION 

FEDERAL TRADE COMMISSION, 

 Plaintiff, 

QUALCOMM INCORPORATED, 

 Defendant. 

Case No. 17-cv-0220-LHK-NMC 

The Hon. Lucy H. Koh 

NON-PARTY SAMSUNG’S RESPONSE 

TO THIS COURT’S ORDER ECF NO. 

1144 REGARDING SAMSUNG’S 

REVISED ADMINISTRATIVE MOTION 

TO MAINTAIN UNDER SEAL 

Case 5:17-cv-00220-LHK Document 1156 Filed 01/06/19 Page 1 of 3
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SMRH:489027509.1 SAMSUNG’S RESPONSE TO ORDER ECF 1144

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Non-parties Samsung Electronics Company Ltd., Samsung Semiconductor Inc., 

and Samsung Electronics America Inc. (collectively “Samsung”) respond to this Court’s Order 

(ECF 1144) regarding Samsung’s sealing motions (ECF 1112 and 1132). 

In its Order, the Court held: “Samsung has redacted information that it does not 

seek to seal, but believes Qualcomm might. Qualcomm has not filed any motion or declaration in 

support of sealing this information. Therefore, other than the above Samsung sealing requests that 

have been granted, Samsung must refile redacted versions of these documents consistent with this 

order by Monday, January 7, 2019 at noon.” ECF No. 1144. 

The Case Docket indicates that Defendant Qualcomm Incorporated (“Qualcomm”) 

did file its motion to seal and supporting declaration right before this Court’s Order was issued. 

See ECF No. 1142 (Qualcomm’s Administrative Motion to File Under Seal i/s/o Samsung’s 

Revised Administrative Motion); ECF No. 1143 (Qualcomm’s Declaration in Support of 

Administrative Motion to File Under Seal). 

As non-party Samsung explained in its Revised Administrative Motion to Seal 

Administrative Motion to Seal (ECF 1132), the agreements at issue (JX0006, JX0047 and 

JX0122) are not solely Samsung’s proprietary information, and Samsung cannot waive 

Qualcomm’s right to file its own sealing motions as to the portions Qualcomm considers 

proprietary. In order to comply with the Court’s order, Samsung had to file joint unredacted 

versions of those agreements that included both non-party Samsung’s and Defendant Qualcomm’s 

sealing requests. 

Accordingly, until the Court rules on Qualcomm’s motion, Samsung cannot refile 

redacted versions of agreements between Samsung and Qualcomm, for which Qualcomm has an 

independent basis for sealing. 

Samsung is willing to answer any questions from the Court and is available to 

appear telephonically tomorrow if necessary to resolve any concerns. 

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SMRH:489027509.1 SAMSUNG’S RESPONSE TO ORDER ECF 1144

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Dated: January 6, 2019 

 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

 

By /s/ Gary L. Halling 

 GARY L. HALLING 

Attorneys for Non-Parties 

Samsung Electronics Co., Ltd., 

Samsung Semiconductor Inc., and 

Samsung Electronics America Inc. 

Case 5:17-cv-00220-LHK Document 1156 Filed 01/06/19 Page 3 of 3