PLAINTIFF FTC’S OPP'N TO BROADCOM’S 

ADMINISTRATIVE MOTION TO SEAL

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

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Jennifer Milici, D.C. Bar No. 987096 

J. Alexander Ansaldo, Va. Bar No. 75870

Daniel Matheson, D.C. Bar No. 502490

Kenneth H. Merber, D.C. Bar No. 985703

Mark Woodward, D.C. Bar No. 479537

Federal Trade Commission

600 Pennsylvania Avenue, N.W.

Washington, D.C. 20580

(202) 326-2912; (202) 326-3496 (fax)

jmilici@ftc.gov

Attorneys for Plaintiff Federal Trade Commission

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

PLAINTIFF FEDERAL TRADE 

COMMISSION’S OPPOSITION TO 

BROADCOM’S ADMINISTRATIVE 

MOTION TO SEAL CONFIDENTIAL 

INFORMATION

Case 5:17-cv-00220-LHK Document 1136 Filed 01/06/19 Page 1 of 3
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PLAINTIFF FTC’S OPP'N TO BROADCOM’S 

ADMINISTRATIVE MOTION TO SEAL

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

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On January 4, 2019, non-party Broadcom Corporation (“Broadcom”) filed an 

administrative motion to seal (1) identified portions of videotaped deposition testimony from Mr. 

Scott McGregor, which the FTC plans to present on Trial Day 2 (Jan. 7, 2019); and (2) a single 

exhibit that the FTC will seek to introduce.

The FTC opposes Broadcom’s motion. The motion is not narrowly targeted at sensitive 

business information that would meet the applicable “compelling reasons” standard. Kamakana v. 

City and County of Honolulu, 447 F.3d 1172, 1180 (9th Cir. 2006). 

As a preliminary matter, for Trial Day 2 purposes, Broadcom’s motion is moot as to three 

portions of designated testimony. (McGregor Dep. 17:4-18, 19:3-7, 26:19-27:5.) Qualcomm had 

identified these testimony excerpts as counter-designations for completeness, but dropped the 

designations during the HPO process. The FTC will therefore not play this testimony on Trial 

Day 2. 

The remaining designated testimony1

 is general in nature and does not disclose sensitive 

business information. See Order re Samsung Motion to Seal, ECF No. 1123 (quoting In re Elec. 

Arts, Inc., 298 F. App’x 568, 569 (9th Cir. 2008)). As Broadcom notes in its motion, Mr. 

McGregor’s testimony relates to Broadcom’s past experience in and exit from the cellular modem 

chip business. As Broadcom is no longer in the business, the rationale for sealing this information 

is not clear. In addition, some of the information is public.2 

Broadcom also seeks to seal portions of a proposed trial exhibit (JX0095). Broadcom’s 

sealing request is also overbroad as to this proposed exhibit. The document dates from May 2014 

and, like Mr. McGregor’s testimony, relates to a business that Broadcom has exited. The 

overbreadth of Broadcom’s sealing request as to the proposed exhibit is illustrated by the fact that 

it seeks to seal a press release that is publicly available.

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1 McGregor Dep. 237:18-239:25; 173:20-175:21; 184:9-24. 

2

See Phil Goldstein, “Broadcom CEO: We were losing $2M per day in cellular baseband biz,” 

Fierce Wireless (Jan. 15, 2015), available at https://www.fiercewireless.com/wireless/broadcomceo-we-were-losing-2m-per-day-cellular-baseband-biz. 

3 Compare BRCM000251 at -297 to https://www.prnewswire.com/news-releases/broadcom-toexplore-strategic-alternatives-for-cellular-baseband-business-261495831.html 

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PLAINTIFF FTC’S OPP'N TO BROADCOM’S 

ADMINISTRATIVE MOTION TO SEAL

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

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Broadcom’s motion to seal should be denied. 

Dated: January 6, 2019 Respectfully submitted,

FEDERAL TRADE COMMISSION,

/s/ Mark Woodward 

Mark Woodward

Jennifer Milici

Daniel Matheson

J. Alexander Ansaldo

Kenneth H. Merber

Federal Trade Commission

600 Pennsylvania Avenue, N.W.

Washington, D.C. 20580

(202) 326-2912; (202) 326-3496 (fax)

jmilici@ftc.gov

Attorneys for Federal Trade Commission

Case 5:17-cv-00220-LHK Document 1136 Filed 01/06/19 Page 3 of 3