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RESPONSE TO ORDER 5:17-CV-00220-LHK-NMC 

Amanda Tessar (admitted pro hac vice) 

ATessar@perkinscoie.com 

PERKINS COIE LLP 

1900 Sixteenth Street, Suite 1400 

Denver, CO 80202-5255 

Telephone: 303.291.2300 

Facsimile: 303.291.2400 

Sarah E. Stahnke, California Bar #264838 

SStahnke@perkinscoie.com 

PERKINS COIE LLP 

3150 Porter Drive 

Palo Alto, CA 94304-1212 

Telephone: 650.838.4489 

Facsimile: 650.838.4350 

ATTORNEYS FOR NON-PARTY

BROADCOM CORPORATION

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN JOSE DIVISION

FEDERAL TRADE COMMISSION, 

Plaintiff, 

v. 

QUALCOMM INCORPORATED, a 

Delaware corporation, 

Defendant. 

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

JURY TRIAL DEMANDED 

RESPONSE TO COURT’S ORDER ON 

NON-PARTY BROADCOM’S 

ADMINISTRATIVE MOTION TO SEAL 

Case 5:17-cv-00220-LHK Document 1154 Filed 01/06/19 Page 1 of 3
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RESPONSE TO ORDER -2- 5:17-CV-00220-LHK-NMC 

 In the Court’s Order on Non-Party Broadcom Corporation’s (“Broadcom”) 

Administrative Motion to Seal (“Motion”), dated January 6, 2019, the Court ordered Broadcom 

to “submit an unredacted version of JX0095.” Dckt. 1139. As indicated in footnote 1 of 

Broadcom’s Motion, the redactions upon which the Court has focused were in the version of 

JX0095 that was produced to the parties and were in the form of the document that was used at 

Mr. McGregor’s deposition. These redactions were made due to privilege and relevancy 

concerns, and neither the FTC nor Qualcomm ever raised any objection to them. Because 

Broadcom did not redact JX0095 in connection with its Motion, there is no unredacted version of 

JX0095 for Broadcom to submit that is different from the version already submitted. 

 Moreover, in its Motion, Broadcom did not seek to seal those redacted pages of 

JX0095—nor other pages of the document such as the draft SEC filing and press release—but 

sought only to seal pages bearing Bates Nos. BCRM000251-258, BCRM000260, BCRM000277-

292, BCRM000297-307, which contain unredacted text of minutes and other non-public 

documents from Broadcom’s special Board of Directors meeting on May 30, 2014. It is that 

material that is the subject of Broadcom’s motion to seal and which Broadcom wishes to shield 

from the public eye, and that portion is not redacted from the JX0095 document that Broadcom 

submitted to the Court with its Motion. 

 Broadcom remains willing to answer any questions from the Court and is available to 

appear telephonically tomorrow morning if necessary to resolve any concerns. 

 

Case 5:17-cv-00220-LHK Document 1154 Filed 01/06/19 Page 2 of 3
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RESPONSE TO ORDER -3- 5:17-CV-00220-LHK-NMC 

Dated: January 6, 2019 

Respectfully submitted, 

 /s/ Amanda Tessar___________________ 

Amanda Tessar (admitted pro hac vice) 

ATessar@perkinscoie.com 

PERKINS COIE LLP 

1900 Sixteenth Street, Suite 1400 

Denver, CO 80202-5255 

Telephone: 303.291.2357 

Facsimile: 303.291.2457 

Sarah E. Stahnke, California Bar #264838 

SStahnke@perkinscoie.com 

PERKINS COIE LLP 

3150 Porter Drive 

Palo Alto, CA 94304-1212 

Telephone: 650.838.4489 

Facsimile: 650.838.4350 

ATTORNEYS FOR NON-PARTY

BROADCOM CORPORATION

Case 5:17-cv-00220-LHK Document 1154 Filed 01/06/19 Page 3 of 3