BRIEF ISO MOT. TO FILE UNDER SEAL 

Case No. 5:17-cv-00220-LHK-NMC 

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Counsel Listed on Signature Page 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN JOSE DIVISION 

FEDERAL TRADE COMMISSION, 

Plaintiff, 

vs. 

QUALCOMM INCORPORATED, 

a Delaware corporation, 

Defendant. 

Case No. 5:17-cv-00220-LHK

QUALCOMM INCORPORATED’S 

BRIEF IN SUPPORT OF NON-PARTY 

SAMSUNG’S REVISED 

ADMINISTRATIVE MOTION TO 

MAINTAIN UNDER SEAL AS TO THE 

AGREEMENTS THAT ARE THE 

SUBJECT OF THIS COURT’S ORDER 

ECF NO. 1123 

Case 5:17-cv-00220-LHK Document 1142 Filed 01/06/19 Page 1 of 20
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Case No. 5:17-cv-00220-LHK-NMC 

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INTRODUCTION 

Pursuant to Civil Local Rules 7-11 and 79-5(d), and this Court’s January 4, 2019 Order 

(ECF No. 1123), Defendant Qualcomm Incorporated (“Qualcomm”) hereby submits this Brief in 

Support of Non-Party Samsung’s Revised Administrative Motion to Maintain Under Seal as to 

the Agreements that are the Subject of this Court’s Order ECF No. 1123 (the “Samsung Motion”). 

On January 5, 2019, Samsung filed the Samsung Motion moving the Court to issue an 

administrative order to seal certain portions of the following trial exhibits to be presented on 

January 7, 2019: JX0006, JX0047, and JX0122 (the “Trial Exhibits”). The Trial Exhibits contain 

both Samsung and Qualcomm confidential information, which Qualcomm seeks to have sealed. 

In accordance with the Court’s Local Rules, public, redacted version of the Trial Exhibits have 

been filed. Qualcomm declarations are submitted as attachments to this Brief, in support of 

sealing the Trial Exhibits. 

LEGAL STANDARD 

Local Rule 79-5 provides that documents, or portions thereof, may be sealed if a party 

“establishes that the documents, or portions thereof, are privileged, protectable as a trade secret, 

or otherwise entitled to protection under the law.” Civ. L. R. 79-5(b). Where a party seeks to file 

under seal documents designated as confidential by an opposing party or non-party pursuant to a 

protective order, the submitting party “must identify the document or portions thereof which 

contain the designated confidential material and identify the party that has designated the material 

as confidential.” Civ. L. R. 79-5(e). The burden then falls to the party that has previously 

designated the material as confidential to establish that the designated material is sealable. Id. 

While courts apply a “strong presumption in favor of access” to court records, “[i]n 

general, ‘compelling reasons’ sufficient to outweigh the public’s interest in disclosure and justify 

sealing court records exist when such ‘court files might have become a vehicle for improper 

purposes,’ such as the use of records to ... release trade secrets.” Kamakana v. City and Cty. Of 

Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Commc’ns, Inc., 435 

U.S. 589, 598 (1978)). Sealing may be justified to prevent judicial documents from being used as 

Case 5:17-cv-00220-LHK Document 1142 Filed 01/06/19 Page 2 of 20
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business information that might harm a litigant’s competitive standing. In re High-Tech 

Employee Antitrust Litig., 2013 WL 163779, at *1. 

ARGUMENT 

A. The Trial Exhibits Contain Both Qualcomm and Samsung Confidential 

Information 

The redacted portions of the Trial Exhibits meet the standard for sealing under the 

“compelling reasons” standard or the “good cause” standard. The Trial Exhibits contain 

information regarding Qualcomm and Samsung that is designated as confidential under the 

governing Protective Orders and Supplemental Protective Orders in In re: Qualcomm Antitrust 

Litigation, No. 17-md-02773-LHK-NMC (N.D. Cal.) (“MDL Action”); Federal Trade 

Commission v. Qualcomm Incorporated, No. 17-cv-00220-LHK-NMC (N.D. Cal.) (“FTC 

Action”); and Apple, Inc. v. Qualcomm Incorporated, No. 17-cv-0108-GPC-MDD (“S.D. Cal. 

Action”) (together, “Protective Orders”). 

Specifically, the Trial Exhibits contain and reference the following information designated 

by Qualcomm and by Samsung as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” under 

the Protective Orders. 

Case 5:17-cv-00220-LHK Document 1142 Filed 01/06/19 Page 3 of 20
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Trial Exhibit JX0006 

Location of Information Type of 

Information 

Relevant 

Standard 

Supporting

Paragraph 

from 

Declaration 

§3.1, Lines 3-4, between 

“amount of” and “(the 

‘Up-Front” at JX0006-

009 

Royalty rates and 

Pricing terms 

Compelling 

Reasons 

St. George 

Decl. ¶¶16-

17 

§3.1, Lines 4-5, between 

“License Fee’)” and “of 

the up-front” at JX0006-

009 

Royalty rates and 

Pricing terms 

Compelling 

Reasons 

St. George 

Decl. ¶¶16-

17 

§3.1, Lines 8-9, between 

“the remaining” and “of 

the Up-Front License” at 

JX0006-009 

Royalty rates and 

Pricing terms 

Compelling 

Reasons 

St. George 

Decl. ¶¶16-

17 

§3.1, Lines 11-12, 

between “follows: (i)” 

and “within thirty (30)” 

at JX0006-009 

Royalty rates and 

Pricing terms 

Compelling 

Reasons 

St. George 

Decl. ¶¶16-

17 

§3.1, Lines 12-13, 

between “Date; (ii)” and 

“on or before December” 

at JX0006-009 

Royalty rates and 

Pricing terms 

Compelling 

Reasons 

St. George 

Decl. ¶¶16-

17 

§3.1, Line 14 before “on 

or before March” at 

JX0006-009 

Royalty rates and 

Pricing terms 

Compelling 

Reasons 

St. George 

Decl. ¶¶16-

17 

§3.1, Line 15, between 

“1994; (iv)” and “on or 

before” at JX0006-009 

Royalty rates and 

Pricing terms 

Compelling 

Reasons 

St. George 

Decl. ¶¶16-

17 

§3.1, Line 16 after “and 

(v)” at JX0006-009 

Royalty rates and 

Pricing terms 

Compelling 

Reasons 

St. George 

Decl. ¶¶16-

17 

§5.2.1, Lines 5-6, 

between “to (i)” and “of 

the Net Selling” at 

JX0006-012 

Royalty rates Compelling 

Reasons 

St. George 

Decl. ¶17 

§5.2.1, Line 7, between 

“and (ii)” and “of the” at 

JX0006-012 

Royalty rates Compelling 

Reasons 

St. George 

Decl. ¶17 

First paragraph after 

§5.2.1, Line 5, between 

“greater than” and “for” 

at JX0006-012 

Royalty rates Compelling 

Reasons 

St. George 

Decl. ¶17 

First paragraph after 

§5.2.1, Lines 6-7, 

between “pay only the” 

and “for each such” at 

JX0006-012 

Royalty rates Compelling 

Reasons 

St. George 

Decl. ¶17 

First paragraph after 

§5.2.1, Lines 7-12 after 

“Subscriber Unit Sold.” 

at JX0006-012 

Royalty rates Compelling 

Reasons 

St. George 

Decl. ¶17 

Case 5:17-cv-00220-LHK Document 1142 Filed 01/06/19 Page 4 of 20
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§5.2.2, Lines 4-5, 

between “equal to (i)” 

and “of the Net Selling” 

at JX0006-012 

Royalty rates Compelling 

Reasons 

St. George 

Decl. ¶17 

§5.2.2, Line 6 after 

“Korea and (ii)” until “of 

the Net Selling Price” at 

JX0006-012-013 

Royalty rates Compelling 

Reasons 

St. George 

Decl. ¶17 

First paragraph, Lines 2-

7 after “only in Korea.” 

at JX0006-013 

Royalty rates Compelling 

Reasons 

St. George 

Decl. ¶17 

§5.2.3, Line 5, between 

“equal to (a)” and “of the 

Net Selling” at JX0006-

013 

Royalty rates Compelling 

Reasons 

St. George 

Decl. ¶17 

§5.2.3, Line 8, between 

“(b) (i)” and “of the Net 

Selling” at JX0006-013 

Royalty rates Compelling 

Reasons 

St. George 

Decl. ¶17 

§5.2.3, Lines 10-11, 

between “Korea and (ii)” 

and “of the Net Selling” 

at JX0006-013 

Royalty rates Compelling 

Reasons 

St. George 

Decl. ¶17 

§5.2.3, Lines 13-19, after 

“only in Korea.” at 

JX0006-013 

Royalty rates Compelling 

Reasons 

St. George 

Decl. ¶17 

Last paragraph after “that 

decreased from” until 

“based on the number of” 

at JX0006-014-015 

Royalty rates Compelling 

Reasons 

St. George 

Decl. ¶17 

§6.2.1, Line 3, between 

“above shall be” and 

“with respect only” at 

JX0006-016 

Royalty rates Compelling 

Reasons 

St. George 

Decl. ¶17 

First paragraph, Lines 6-

9 after “exceed the lower 

of” at JX0006-017 

Royalty rates Compelling 

Reasons 

St. George 

Decl. ¶17 

§7.1, Lines 8-9, between 

“QUALCOMM an 

additional” and “for such 

deliverables” at JX0006-

017 

Pricing terms Compelling 

Reasons 

St. George 

Decl. ¶16 

§7.1, Lines 12-13, 

between “pay 

QUALCOMM” and “of 

the Deliverable 

Payment”” at JX0006-

017 

Pricing terms Compelling 

Reasons 

St. George 

Decl. ¶16 

§7.1, Line 14, between 

“1993, then such” and 

“payment” at JX0006-

017 

Pricing terms Compelling 

Reasons 

St. George 

Decl. ¶16 

First paragraph at 

JX0006-029, Line 3 after 

“to the Carriers a” 

Royalty rate Compelling 

Reasons 

St. George 

Decl. ¶17 

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§1, Line 3 before “of the 

Net Selling Price” at 

JX0006-036 

Royalty rate Compelling 

Reasons 

St. George 

Decl. ¶17 

§1, Line 4, between “and 

(ii)” and “of the Net 

Selling Price” at JX0006-

036 

Royalty rate Compelling 

Reasons 

St. George 

Decl. ¶17 

All percentages and 

numerical values 

immediately following 

the third paragraph at 

JX0006-036 

Royalty rate Compelling 

Reasons 

St. George 

Decl. ¶17 

Fourth paragraph, Line 5, 

between “that is greater 

than” and “for each 

Subscriber” at JX0006-

036 

Royalty rate Compelling 

Reasons 

St. George 

Decl. ¶17 

Fourth paragraph, Line 6, 

between “shall pay only 

the” and “for each” at 

JX0006-036 

Royalty rate Compelling 

Reasons 

St. George 

Decl. ¶17 

Fourth Paragraph, Lines 

7-9, after “Subscriber 

Unit Sold.” until “To 

elect such option” at 

JX0006-036-037 

Royalty rate Compelling 

Reasons 

St. George 

Decl. ¶17 

Fourth paragraph, Line 3, 

between 

“QUALCOMM” and “of 

the” at JX0006-037 

Pricing Terms Compelling 

Reasons 

St. George 

Decl. ¶16 

Fourth Paragraph, Lines 

6-8, between “includes 

the reduction of” and 

“QUALCOMM confirms 

that the” at JX0006-037 

Pricing Terms Compelling 

Reasons 

St. George 

Decl. ¶16 

Fourth Paragraph, Lines 

9-10, between “to as low 

as” and “as set forth 

above” at JX0006-037 

Pricing Terms Compelling 

Reasons 

St. George 

Decl. ¶16 

Fourth Paragraph, Line 

11, between “remaining” 

and “of the Up-” at 

JX0006-037 

Pricing Terms Compelling 

Reasons 

St. George 

Decl. ¶16 

Case 5:17-cv-00220-LHK Document 1142 Filed 01/06/19 Page 6 of 20
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Trial Exhibit JX0047 

Location of Information Type of 

Information 

Relevant 

Standard 

Supporting

Paragraph 

from 

Declaration 

First paragraph at 

JX0047-002 

Pricing terms and 

Royalty rates 

Compelling 

Reasons 

St. George 

Decl. ¶¶18-

19 

Paragraph starting 

“Catastrophic Event”, 

Line 10, between “at 

least” and “of” at 

JX0047-002 

Pricing terms and 

Royalty rates 

Compelling 

Reasons 

St. George 

Decl. ¶¶18-

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Paragraph starting 

“Catastrophic Event”, 

Line 12, between “from 

a” and “Worldwide 

Subscriber Unit” at 

JX0047-002 

Pricing terms and 

Royalty rates 

Compelling 

Reasons 

St. George 

Decl. ¶¶18-

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Paragraph starting 

“Catastrophic Event”, 

Line 12, between “Share 

to a” and “or lower” at 

JX0047-002 

Pricing terms and 

Royalty rates 

Compelling 

Reasons 

St. George 

Decl. ¶¶18-

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Paragraph starting 

“Catastrophic Event”, 

Line 16, between “result 

in a” and “(e.g.,” at 

JX0047-002 

Pricing terms and 

Royalty rates 

Compelling 

Reasons 

St. George 

Decl. ¶¶18-

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Paragraph starting 

“Catastrophic Event”, 

Line 16, between “(e.g., 

from” and “or lower” at 

JX0047-002 

Pricing terms and 

Royalty rates 

Compelling 

Reasons 

St. George 

Decl. ¶¶18-

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Paragraph starting 

“Catastrophic Event 

Inception Date”, Line 3, 

between “decreases to” 

and “of LICENSEE’s” at 

JX0047-002 

Pricing terms and 

Royalty rates 

Compelling 

Reasons 

St. George 

Decl. ¶¶18-

19 

Paragraph starting 

“Solely for purposes of 

Sections 3, 5 and 7” 

Lines 1-6 after 

“‘Components’ means” 

at JX0047-003 

Pricing terms and 

royalty rates 

Compelling 

Reasons 

St. George 

Decl. ¶¶18-

19 

Fourth paragraph at 

JX0047-005 

Pricing terms Compelling 

Reasons 

St. George 

Decl. ¶18 

Second paragraph at 

JX0047-006 

Pricing terms Compelling 

Reasons 

St. George 

Decl. ¶18 

Fifth paragraph through 

First paragraph at 

JX0047-006-007 

Pricing terms Compelling 

Reasons 

St. George 

Decl. ¶18 

Case 5:17-cv-00220-LHK Document 1142 Filed 01/06/19 Page 7 of 20
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Third paragraph until 

“‘Litigate’ means to” at 

JX0047-007-009 

Pricing terms Compelling 

Reasons 

St. George 

Decl. ¶18 

Fourth paragraph from 

the top at JX0047-010 

after “‘Minimum Rate’ 

means” 

Royalty rates Compelling 

Reasons 

St. George 

Decl. ¶19 

Last paragraph until 

“‘Near Field Magnetic 

Resonance Wireless 

Charging’” at JX0047-

010 -011 

Pricing terms Compelling 

Reasons 

St. George 

Decl. ¶18 

Third paragraph at 

JX0047-013, Lines 6-9 

after “or this 

Amendment” 

Royalty rates Compelling 

Reasons 

St. George 

Decl. ¶19 

Last paragraph until “The 

definition of ‘Reportable 

Infrastructure Products’” 

at JX0047-013-014 

Pricing terms and 

Royalty rates 

Compelling 

Reasons 

St. George 

Decl. ¶¶18-

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Last paragraph at 

JX0047-014 

Pricing terms Compelling 

Reasons 

St. George 

Decl. ¶18 

Last paragraph until 

“‘Worldwide Subscriber 

Unit Revenue’” at 

JX0047-015-016 

Pricing terms and 

Royalty rates 

Compelling 

Reasons 

St. George 

Decl. ¶¶18-

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§2, Line 4 before “(the 

‘Lump Sum Fee’)” at 

JX0047-016 

Pricing terms Compelling 

Reasons 

St. George 

Decl. ¶18 

§2(a), Lines 1-2, between 

“amount of” and “shall 

be” at JX0047-016 

Pricing terms Compelling 

Reasons 

St. George 

Decl. ¶18 

§2(b), Lines 1-2, between 

“amount of” and “shall 

be” at JX0047-016 

Pricing terms Compelling 

Reasons 

St. George 

Decl. ¶18 

§2(c), Line 1 after 

“payment of” and “shall 

be” at JX0047-016 

Pricing terms Compelling 

Reasons 

St. George 

Decl. ¶18 

§4.1.1, Lines 9-12, 

between “amount” and 

“Such royalties” at 

JX0047-019 

Royalty rates Compelling 

Reasons 

St. George 

Decl. ¶19 

§4.1.1.1, Lines 3-6 after 

“(the ‘Quarterly 

Payment’)” through First 

paragraph, Lines 1-3 at 

JX0047-019-25 

Royalty rates Compelling 

Reasons 

St. George 

Decl. ¶19 

§4.1.3, Line 5, between 

“exceed” and “and (b)” at 

JX0047-025 

Royalty rates and 

Pricing terms 

Compelling 

Reasons 

St. George 

Decl. ¶¶18-

19 

§4.1.3, Line 7 after “no 

event exceed” at JX0047-

025 

Royalty rates and 

Pricing terms 

Compelling 

Reasons 

St. George 

Decl. ¶¶18-

19 

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Third paragraph at 

JX0047-026, Lines 1-2, 

between “at least” and 

“of the applicable” 

Royalty rates and 

Pricing terms 

Compelling 

Reasons 

St. George 

Decl. ¶¶18-

19 

Third paragraph at 

JX0047-026, Line 3, 

between “equal to” and 

“of the total number” 

Royalty rates and 

Pricing terms 

Compelling 

Reasons 

St. George 

Decl. ¶¶18-

19 

All percentages and 

numerical values in 

§4.2.3 at JX0047-027 

Royalty rates Compelling 

Reasons 

St. George 

Decl. ¶19 

§4.4.1, Lines 11-12, 

between “less than” and 

“(a ‘Lower Lump” at 

JX0047-028 

Royalty rates Compelling 

Reasons 

St. George 

Decl. ¶19 

§4.4.1(i) until 4.4.2 at 

JX0047-028-029 

Royalty rates Compelling 

Reasons 

St. George 

Decl. ¶19 

§4.4.2, Line 11 after 

“represent more than” at 

JX0047-0029 

Royalty rates Compelling 

Reasons 

St. George 

Decl. ¶19 

All text after first 

paragraph until §4.5 at 

JX0047-030-036 

Royalty rates and 

Pricing terms 

Compelling 

Reasons 

St. George 

Decl. ¶¶18-

19 

§5.3.3 at JX0047-038-

039 

Pricing terms Compelling 

Reasons 

St. George 

Decl. ¶18 

§5.4.2(i) through (iii) at 

JX0047-041 

Pricing terms Compelling 

Reasons 

St. George 

Decl. ¶18 

§5.7 at JX0047-048-049 Pricing terms Compelling 

Reasons 

St. George 

Decl. ¶18 

Second paragraph at 

JX0047-049 

Royalty rates and 

Pricing terms 

Compelling 

Reasons 

St. George 

Decl. ¶¶18-

19 

§5.8, Line 10, between 

“Affiliates grant” and 

“licenses under their” at 

JX0047-049 

Royalty rates Compelling 

Reasons 

St. George 

Decl. ¶19 

§6.1, Line 3 after 

“QUALCOMM (i) the” 

at JX0047-049 

Royalty rates Compelling 

Reasons 

St. George 

Decl. ¶19 

§6.1, Line 4, between 

“(ii)” and “of the Patent 

Families” at JX0047-049 

Royalty rates Compelling 

Reasons 

St. George 

Decl. ¶19 

§6.1, Line 5, between 

“list of” and “Patent 

Families” at JX0047-049 

Royalty rates Compelling 

Reasons 

St. George 

Decl. ¶19 

§6.1, Line 7, between 

“(iii)” and “Patent 

Family” at JX0047-049 

Royalty rates Compelling 

Reasons 

St. George 

Decl. ¶19 

§6.1, Line 7, between 

“list of” and “Patent 

Families” at JX0047-049 

Royalty rates Compelling 

Reasons 

St. George 

Decl. ¶19 

§6.1, Line 10 before 

“Patent Families are 

collectively” at JX0047-

049 

Royalty rates Compelling 

Reasons 

St. George 

Decl. ¶19 

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§7.1 until §8 at JX0047-

052-054 

Pricing terms Compelling 

Reasons 

St. George 

Decl. ¶18 

§12, Lines 2-3, between 

“expire on” and “unless 

the” at JX0047-056 

Pricing terms Compelling 

Reasons 

St. George 

Decl. ¶18 

§12, Lines 4-14, after 

“Section 15 thereof.” 

until § 13 at JX0047-056-

057 

Pricing terms Compelling 

Reasons 

St. George 

Decl. ¶18 

Exhibit E-1 at JX0047-

061 after “Designed 

Patents” before “(Section 

6.1)” 

Pricing terms Compelling 

Reasons 

St. George 

Decl. ¶18 

All text after “Current 

Patent Pools (General)” 

at JX0047-062 

Pricing terms Compelling 

Reasons 

St. George 

Decl. ¶18 

All text after “Current 

Patent Pools (Multimedia 

Codec)” at JX0047-063 

Pricing terms Compelling 

Reasons 

St. George 

Decl. ¶18 

All text after “Pending 

Patent (General)” at 

JX0047-064 

Pricing terms Compelling 

Reasons 

St. George 

Decl. ¶18 

All text after “Pending 

Patent Pools (Multimedia 

Codec)” at JX0047-065 

Pricing terms Compelling 

Reasons 

St. George 

Decl. ¶18 

All text below “Exhibit 

C” at JX0047-067-068 

Royalty rates Compelling 

Reasons 

St. George 

Decl. ¶19 

All text at JX0047-071-

085 

Pricing terms Compelling 

Reasons 

St. George 

Decl. ¶18 

Table 1: Proposed Redactions In JX0122 

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Trial Exhibit JX0122 

Location of Information Type of 

Information 

Relevant 

Standard 

Supporting

Paragraph 

from 

Declaration 

All text after “Designated 

Third Party” at JX0122-

004 

Pricing Terms Compelling 

Reasons 

St. George 

Decl. ¶20 

All text after 

“LICENSEE Other 

Patent” at JX0122-006 

Pricing terms, 

royalty rates 

Compelling 

Reasons 

St. George 

Decl. ¶¶20-

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All text after 

“LICENSEE’s 

Semiconductor Patents” 

(including all text in 

subparts (i) and (ii)) at 

JX0122-006 

Pricing terms, 

royalty rates 

Compelling 

Reasons 

St. George 

Decl. ¶¶20-

21 

All text after “Other 

Components” at JX0122-

007 

Pricing terms, 

royalty rates 

Compelling 

Reasons 

St. George 

Decl. ¶¶20-

21 

§2.1, Lines 3-4 between 

“equal to” and “for each 

calendar” at JX0122-008 

Pricing terms Compelling 

Reasons 

St. George 

Decl. ¶20 

§2.2, Line 5 between 

“2018 Amendment)” and 

“for any such period” at 

JX0122-008 

Pricing terms Compelling 

Reasons 

St. George 

Decl. ¶20 

§4.1.3, Lines 5-6 

between “no event 

exceed” and “and (b) 

the” at JX0122-010 

Royalty rates Compelling 

Reasons 

St. George 

Decl. ¶21 

§4.1.3, Lines 8-9 after 

“no event exceed” 

through six lines of text 

before §5 at JX0122-010-

014 

Royalty rates and 

Pricing terms 

Compelling 

Reasons 

St. George 

Decl. ¶¶20-

21 

§5.3.7 at JX0122-019-

021 

Pricing terms Compelling 

Reasons 

St. George 

Decl. ¶20 

§5.5 and following 

paragraph at JX0122-

024-025 

Pricing terms Compelling 

Reasons 

St. George 

Decl. ¶20 

§6.2 text after “License 

and Release” at JX0122-

027-028 

Pricing terms Compelling 

Reasons 

St. George 

Decl. ¶20 

§7 at JX0122-028-29 Royalty rates Compelling 

Reasons 

St. George 

Decl. ¶21 

§17.2 text after 

“Permitted Assignment 

by Qualcomm” at 

JX0122-031-032 

Pricing terms and 

royalty rates 

Compelling 

Reasons 

St. George 

Decl. ¶¶20-

21 

17.3 text after “Permitted 

Assignment by 

LICENSEE” at JX0122-

032-33 

Pricing terms and 

royalty rates 

Compelling 

Reasons 

St. George 

Decl. ¶¶20-

21 

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Third paragraph, Line 2, 

between “(a) no less 

than” and “of Core 

Chipset” at JX0122-036 

Not a Patent 

License Agreement 

(“PLA”); 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

Third paragraph, Line 3, 

between “less than” and 

“of Core Chipset” at 

JX0122-036 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

§2(a), Line 2, between 

“equal to” and “for such” 

at JX0122-037 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

First paragraph after 

§2(b), Lines 1-2, between 

“greater of” and “(the 

‘First Quarter Rebate’)” 

at JX0122-037 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

reasons 

Arner Decl. 

¶15 

Second paragraph after 

§2(b), Line 1, between 

“(a)” and “for the 

second” at JX0122-037 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

Second paragraph after 

§2(b), Line 3, between 

“equals less than” and 

“then” at JX0122-037 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

Second paragraph after 

§2(b), Line 4, between 

“Rebate and” and “(the 

‘Second” at JX0122-037 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

Third paragraph after 

§2(b), Line 1, between 

“year, (a)” and “for the 

third” at JX0122-037 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

Third paragraph after 

§2(b), Line 4, between 

“equals less than” and 

“then QCTAP” at 

JX0122-037 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

Third paragraph after 

§2(b), Line 5, between 

“Rebate and” and “U.S. 

Dollars” at JX0122-037 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

Fourth paragraph after 

§2(b), Line 1, between 

“year, (a)” and “for the 

fourth” at JX0122-037 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

Fourth paragraph after 

§2(b), Line 4 after 

“equals less than” at 

JX0122-037 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

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Fourth paragraph after 

§2(b), Line 7 after 

“Rebate and” at JX0122-

037 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

First paragraph after 

§2(c), Line 1, between 

“greater of” and “for 

such” at JX0122-037 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

First paragraph after 

§2(c), Line 2, between 

“Devices or and “(the 

‘First” at JX0122-037 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

Second paragraph after 

§2(c), Line 1, between 

“(a)” and “of the Net” at 

JX0122-037 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

Second paragraph after 

§2(c), Line 3 after 

“equals less than” at 

JX0122-037 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

Second paragraph after 

§2(c), Line 5, between 

“Rebate and” and “(the 

‘Second” at JX0122-037 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

Third paragraph after 

§2(c), Line 1, between 

“(a)” and “for the third” 

at JX0122-037 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

Third paragraph after 

§2(c), Line 4, between 

“less than” and “then 

QCTAP” at JX0122-037 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

Third paragraph after 

§2(c), Line 6, between 

“Rebate and” and “(the 

‘Third” at JX0122-037 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

First paragraph at 

JX0122-038, Line 1, 

between “(a)” and “for 

the fourth” 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

First paragraph at 

JX0122-038, Line 5, 

between “less than” and 

“then QCTAP” 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

First paragraph at 

JX0122-038, Line 8 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

Second paragraph after 

§2(d), Line 1, between 

“greater of” and “for 

such” at JX0122-038 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

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Second paragraph after 

§2(d), Line 2, between 

“technology or” and 

“(the ‘First” at JX0122-

038 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

Third paragraph after 

§2(d), Line 1, between 

“(a)” and “for the 

second” at JX0122-038 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

Third paragraph after 

§2(d), Line 3 after 

“equals less than” at 

JX0122-038 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

Third paragraph after 

§2(d), Line 5, between 

“Rebate and” and “(the 

‘Second” at JX0122-038 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

Fourth paragraph after 

§2(d), Line 1, between 

“(a)” and “for the third” 

at JX0122-038 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

Fourth paragraph after 

§2(d), Line 4, between 

“equals less than” and 

“then QCTAP” at 

JX0122-038 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

Fourth paragraph after 

§2(d), Line 6-7, between 

“Rebate and” and “(the 

‘Third” at JX0122-038 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

§2(e), Line 2, between 

“amount equal to” and 

“for Connectivity” at 

JX0122-038 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

First paragraph after 

§2(g), Line 1, between 

“greater of” and “for 

High/Mid/Low” at 

JX0122-038 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

First paragraph after 

§2(g), Line 2, between 

“quarter or” and “(the 

‘First” at JX0122-038 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

First paragraph at 

JX0122-039, Line 1, 

between “(a)” and “for 

High/Mid/Low” 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

First paragraph at 

JX0122-039, Line 3, 

between “less than” and 

“then QCTAP” 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

First paragraph at 

JX0122-039, Line 4, 

between “Rebate and” 

and “(the ‘Second” 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

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Second paragraph at 

JX0122-039, Line 1, 

between “(a)” and “for 

High/Mid/Low” 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

Second paragraph at 

JX0122-039, Lines 3-4, 

between “less than” and 

“then QCTAP” 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

Second paragraph at 

JX0122-039, Line 6 

before “(the ‘Third” 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

Third paragraph at 

JX0122-039, Line 1, 

between “(a)” and “for 

High/Mid/Low” 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

Third paragraph at 

JX0122-039, Line 4, 

between “less than” and 

“then QCTAP” 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

Third paragraph at 

JX0122-039, Line 7 after 

“Rebate and” 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

First paragraph after 

§2(h), Line 1, between 

“greater of” and “for 

such” at JX0122-039 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

First paragraph after 

§2(h), Line 2, between 

“Devices or” and “(the 

‘First” at JX0122-039 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

Second paragraph after 

§2(h), Line 1, between 

“(a)” and “for the 

second” at JX0122-039 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

Second paragraph after 

§2(h), Line 3, between 

“less than” and “then 

QCTAP” at JX0122-039 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

Second paragraph after 

§2(h), Line 5, between 

“and” and “(the ‘Second” 

at JX0122-039 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

Third paragraph after 

§2(h), Line 1, between 

“(a)” and “for the third” 

at JX0122-039 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

Third paragraph after 

§2(h), Line 4, between 

“less than” and “then 

QCTAP” at JX0122-039 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

Case 5:17-cv-00220-LHK Document 1142 Filed 01/06/19 Page 15 of 20
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Third paragraph after 

§2(h), Line 6, between 

“Rebate and” and “(the 

‘Third” at JX0122-039 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

Fourth paragraph after 

§2(h), Line 1, between 

“(a)” and “for the fourth” 

at JX0122-039 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

Fourth paragraph after 

§2(h), Lines 4-5, between 

“less than” and “then 

QCTAP” at JX0122-039 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

Fourth paragraph after

§2(h), Line 7 after 

“Rebate and” at JX0122-

039 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

§2(i), Lines 1-2, between 

“SAMSUNG (i)” and 

“by June 30, 2018” at 

JX0122-039 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

§2(i), Line 5, between 

“(ii)” and “(the ‘Galaxy” 

at JX0122-039 

Not a PLA; 2018 

confidential pricing 

information 

Compelling 

Reasons 

Arner Decl. 

¶15 

§1.1 at JX0122-050-052 Not a PLA; 2018 

confidential 

business 

information 

Compelling 

Reasons 

St. George 

Decl. ¶22 

§1.3(i) – (iv) at JX0122-

053 

Not a PLA; 2018 

confidential 

business 

information 

Compelling 

Reasons 

St. George 

Decl. ¶22 

§2.1, Lines 3-4, between 

“Samsung” and “the 

(‘Settlement” at JX0122-

054 

Not a PLA; 2018 

confidential 

payment 

information 

Compelling 

Reasons 

St. George 

Decl. ¶23 

§2.1(1), Line 1 before 

“no later than” at 

JX0122-054 

Not a PLA; 2018 

confidential 

payment 

information 

Compelling 

Reasons 

St. George 

Decl. ¶23 

§2.1(2), Line 1 before 

“no later than” at 

JX0122-054 

Not a PLA; 2018 

confidential 

payment 

information 

Compelling 

Reasons 

St. George 

Decl. ¶23 

§3.1 through §3.9 at 

JX0122-055-058 

Not a PLA; 2018 

confidential 

business 

information 

Compelling 

Reasons 

St. George 

Decl. ¶22 

Exhibit A, text after 

“Wire Transfer 

Information” at JX0122-

063 

Not a PLA; 2018 

confidential 

payment 

information 

Compelling 

Reasons 

St. George 

Decl. ¶23 

Case 5:17-cv-00220-LHK Document 1142 Filed 01/06/19 Page 16 of 20
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§3.1 at JX0122-064-065 Not a PLA; 2018 

confidential 

payment 

information 

Compelling 

Reasons 

St. George 

Decl. ¶24 

§5.1.2 at JX0122-068-

069 

Not a PLA; 2018 

confidential 

business 

information 

Compelling 

Reasons 

St. George 

Decl. ¶25 

§2.1, Lines 3-5, between 

“sum of” and “in 

accordance” at JX0122-

081 

Not a PLA; 2018 

confidential 

payment 

information 

Compelling 

Reasons 

St. George 

Decl. ¶26 

§2.2, Line 3 before 

“Subscriber Units” at 

JX0122-081 

Not a PLA; 2018 

confidential 

payment and 

pricing information 

Compelling 

Reasons 

St. George 

Decl. ¶26-27 

§2.4, Line 3 after 

“Handsets that is” until 

“(the ‘New Max NSP 

Cap’)” at JX0122-081-

082 

Not a PLA; 2018 

confidential 

payment and 

pricing information 

Compelling 

Reasons 

St. George 

Decl. ¶27 

§4.3.2 after “Permitted 

Assignment by 

SAMSUNG” at JX0122-

085-086 

Not a PLA; 2018 

confidential 

business 

information 

Compelling 

Reasons 

St. George 

Decl. ¶28 

All text after 

“Collaboration 

Activities” at JX0122-

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Not a PLA; 2018 

confidential 

technical and 

payment 

information 

Compelling 

Reasons 

St. George 

Decl. ¶26 

The information above describes confidential contractual terms between Qualcomm and 

Samsung. The Ninth Circuit has confirmed that these categories of information should properly 

be sealed in nearly identical circumstances. See, e.g., In re Elec. Arts, Inc., 298 Fed. App’x 568, 

569–70 (9th Cir. 2008) (ordering sealed “pricing terms, royalty rates, and guaranteed minimum 

payment terms” in a licensing agreement); Sun Microsystems Inc. v. Network Appliance, No. C–

08–01641–EDL, 2009 WL 5125817, at *9 (N.D. Cal Dec. 21, 2009) (sealing confidential 

business information, which if disclosed could cause harm to the parties). This information 

retains independent economic value from not being generally known to, and not being readily 

ascertainable through proper means to the general public. 18 U.S.C. § 1839(3)(B). If disclosed, 

this information would cause Qualcomm and respective third parties competitive and commercial 

Case 5:17-cv-00220-LHK Document 1142 Filed 01/06/19 Page 17 of 20
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harm because it would provide competitors and counterparties insights into Qualcomm or third 

parties’ business that they would not otherwise have, and could disadvantage Qualcomm and 

third parties in future negotiations with potential licensees and customers. See Nixon v. Warner 

Commc’ns., Inc., 435 U.S. 589, 598 (1978) (“[C]ourts have refused to permit their files to serve 

as ... sources of business information that might harm a litigant’s competitive standing”); In re 

Elec. Arts, Inc., 298 Fed. App’x at 569–70. 

CONCLUSION 

Accordingly, to comply with the Protective Orders and for the foregoing reasons, 

Qualcomm respectfully moves this Court to seal the portions of the Trial Exhibits as described 

above and in accordance with the proposed redactions filed as attachments to this Brief. As 

mentioned above, filed concurrently herewith are declarations from Qualcomm in establishing the 

basis for the confidential nature of the portions sought to be sealed. 

// 

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// 

Case 5:17-cv-00220-LHK Document 1142 Filed 01/06/19 Page 18 of 20
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Dated: January 6, 2019 

By: 

MORGAN, LEWIS & BOCKIUS LLP 

/s/ Geoffrey T. Holtz 

 Geoffrey T. Holtz 

 Robert A. Van Nest (SBN 84065) 

Eugene M. Paige (SBN 202849) 

Justina Sessions (SBN 270914) 

KEKER, VAN NEST & PETERS LLP 

633 Battery Street 

San Francisco, CA 94111-1809 

Telephone: (415) 391-5400 

Facsimile: (415) 397-7188 

Gary A. Bornstein (pro hac vice) 

Yonatan Even (pro hac vice) 

CRAVATH, SWAINE & MOORE LLP 

Worldwide Plaza 

825 Eighth Avenue 

New York, NY 10019-7475 

Tel.: (212) 474-1000 

Fax: (212) 474-3700 

gbornstein@cravath.com 

yeven@cravath.com 

Richard S. Taffet (pro hac vice) 

MORGAN, LEWIS & BOCKIUS LLP 

101 Park Avenue 

New York, NY 10178-0060 

Tel.: (212) 309-6000 

Fax: (212) 309-6001 

richard.taffet@morganlewis.com 

Willard K. Tom (pro hac vice) 

MORGAN, LEWIS & BOCKIUS LLP 

1111 Pennsylvania Avenue NW 

Washington, DC 20004-2541 

Tel.: (202) 739-3000 

Fax: (202) 739 3001 

willard.tom@morganlewis.com 

Geoffrey T. Holtz (SBN 191370) 

MORGAN, LEWIS & BOCKIUS LLP 

One Market, Spear Street Tower 

San Francisco, CA 94105-1596 

Tel.: (415) 442-1000 

Fax: (415) 442-1001 

gholtz@morganlewis.com 

Attorneys for Defendant 

QUALCOMM INCORPORATED

Case 5:17-cv-00220-LHK Document 1142 Filed 01/06/19 Page 19 of 20
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Case No. 5:17-cv-00220-LHK-NMC 

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FILER’S ATTESTATION 

I, Geoffrey T. Holtz, am the ECF user whose identification and password are being used 

to make this filing. In compliance with Civil Local Rule 5-1(i)(3), I hereby attest that the 

signatories of these documents have concurred in this filing. 

/s/ Geoffrey T. Holtz 

 Geoffrey T. Holtz 

Case 5:17-cv-00220-LHK Document 1142 Filed 01/06/19 Page 20 of 20