1

Case No. 17-CV-00220-LHK

ORDER GRANTING IN PART AND DENYING IN PART QUALCOMM’S MOTION TO SEAL

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

United States District Court

Northern District of California

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

FEDERAL TRADE COMMISSION,

Plaintiff,

v.

QUALCOMM INCORPORATED,

Defendant.

Case No.17-CV-00220-LHK 

ORDER GRANTING IN PART AND

DENYING IN PART QUALCOMM’S 

MOTION TO SEAL

Re: Dkt. Nos. 1215, 1216, 1217, 1218, 1219

Before the Court is Qualcomm Inc.’s (“Qualcomm”) second administrative motion to file 

under seal portions of trial exhibits that may be introduced by the Federal Trade Commission 

(“FTC”) on January 11, 2019. ECF No. 1215, 1216, 1217, 1218, 1219. Applying the compelling 

reasons standard, the Court orders as follows:

Document Portions of Pages Ruling

CX0526 Selected portions of 002 GRANTED.

CX0526 Selected portions of 005 GRANTED.

CX0526 Selected portions of 009-013 GRANTED.

CX5348 Selected portions of 005 GRANTED.

CX5360 Selected portions of 001 GRANTED.

CX5360 Selected portions of 003-004 GRANTED.

Case 5:17-cv-00220-LHK Document 1235 Filed 01/10/19 Page 1 of 3
2

Case No. 17-CV-00220-LHK

ORDER GRANTING IN PART AND DENYING IN PART QUALCOMM’S MOTION TO SEAL

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

United States District Court

Northern District of California

Document Portions of Pages Ruling

CX5360 Selected portions of 010-020 GRANTED.

CX5360 Selected portions of 022-033 GRANTED.

CX5376 Selected portions of 004-008 GRANTED.

CX5383 Selected portions of 001 GRANTED.

CX5389 Selected portions of 001 GRANTED.

CX5389 Selected portions 007-009 GRANTED.

CX5389 Selected portions of 011-012 GRANTED.

CX5391 Selected portions of 003 GRANTED.

CX5391 Selected portions of 005-009 GRANTED.

CX5425 Selected portions of 002-010 GRANTED.

CX5527 Selected portions of 028-032 GRANTED.

CX5527 Selected portions of 035 GRANTED.

CX5527 Selected portions of 039 GRANTED.

CX5527 Selected portions of 041-044 GRANTED.

CX5527 Selected portions of 054 GRANTED.

CX5527 Selected portions of 056-057 GRANTED.

CX5527 Selected portions of 059 GRANTED.

CX5739 Selected portions of 001-003 GRANTED.

CX5739 Selected portions of 006-007 GRANTED.

JX0040 Selected portions of 002 GRANTED.

JX0055 Selected portions of 006-009 GRANTED.

JX0057 Selected portions of 001-004 GRANTED.

JX0057 Selected portions of 006-009 GRANTED.

JX0078 Selected portions of 006 GRANTED.

QX9209 Selected portions of Q2014FTC00786755 GRANTED.

QX9209 Selected portions of Q2014FTC00786757 

to Q2014FTC00786759

GRANTED.

CX8191 Selected portions of 008 DENIED.

CX8191 Selected portions of 011, 2nd through 5th 

bullet points

GRANTED.

CX8191 Selected portions of 011, 6th bullet point DENIED.

CX8191 Selected portions of 012-014 GRANTED.

CX8191 Selected portions of 016-017 GRANTED.

CX8191 Selected portions of 063 GRANTED.

CX8191 Selected portions of 065 GRANTED.

CX8191 Selected portions of 069-072 GRANTED.

CX8191 Selected portions of 078 GRANTED.

CX8191 Selected portions of 080 GRANTED.

CX8191 Selected portions of 083 GRANTED.

CX8191 Selected portions of 085 GRANTED.

CX8191 Selected portions of 087 GRANTED.

CX8191 Selected portions of 093-095 GRANTED.

CX8191 Selected portions of 097-099 GRANTED.

Case 5:17-cv-00220-LHK Document 1235 Filed 01/10/19 Page 2 of 3
3

Case No. 17-CV-00220-LHK

ORDER GRANTING IN PART AND DENYING IN PART QUALCOMM’S MOTION TO SEAL

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

United States District Court

Northern District of California

Document Portions of Pages Ruling

CX8191 Selected portions of 102-107 GRANTED.

CX8191 Selected portions of 114-117 GRANTED.

CX8191 Selected portions of 120-122 GRANTED.

CX8191 Selected portions of 124-125 GRANTED.

CX8191 Selected portions of 129-134 GRANTED.

JX0052 Portions of §§ 2, 4.1, 4.4, 4.6, 5, 6.1, 6.2, 

6.3, 9, 10, 11

GRANTED.

JX0052 Portions of §§ 4.2, 4.5, 8 DENIED.

JX0052 Selected portions of JX0052-010, 011, 013, 

and 014

GRANTED.

Qualcomm shall file by Friday, January 11, 2019, at 8:00 a.m., all of the above documents 

publicly in redacted form consistent with this order.

Qualcomm has failed to satisfy the compelling reasons standard for sealing virtually the 

entirety of CX5913, an April 2014 strategic plan. Therefore, the Court DENIES Qualcomm’s 

request to seal CX5913 without prejudice. Qualcomm must seek sealing of this document in open 

court and use Qualcomm’s trial evidence time.

The FTC filed a response, stating that it would not seek to introduce CX8195 and CX8196 

into evidence on January 11, 2019. Therefore, the Court DENIES without prejudice Qualcomm’s 

motion as to these exhibits.

IT IS SO ORDERED.

Dated: January 10, 2019

______________________________________

LUCY H. KOH

United States District Judge

Case 5:17-cv-00220-LHK Document 1235 Filed 01/10/19 Page 3 of 3