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Case No. 17-CV-00220-LHK 

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

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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. 1212, 1213, 1214

Qualcomm filed the unredacted versions of the exhibits it seeks to seal in an order that 

differed from the order listed in its motion to seal. This increased the burden on the Court. The 

Court requests that Qualcomm’s future motions include consistent ordering of exhibits. 

Applying the compelling reasons standard, the Court rules on Qualcomm’s administrative 

motion to seal as follows. By Friday, January 11, 2019, at 8:00 a.m., Qualcomm shall refile 

redacted public versions of the below exhibits consistent with the Court’s sealing rulings.

Document Section Ruling

CX5260 Portions of 002, 005-008, 

016-023, 025-028, 041,

and the entirety of 009-

015, 048

GRANTED. 

Case 5:17-cv-00220-LHK Document 1240 Filed 01/10/19 Page 1 of 3
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Case No. 17-CV-00220-LHK 

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

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United States District Court

Northern District of California

Document Section Ruling

CX5260 Portions of 032-036 DENIED as to portions on p. 032, but 

otherwise GRANTED. 

CX5260 Portions of 043-047 DENIED as to first paragraph on p. 

045, but otherwise GRANTED. 

CX5260 Portions of 049-056 GRANTED. 

CX5260 Portions of 065-066 DENIED.

CX5260 Portions of 069-071 DENIED as to 069-070, but 

GRANTED as to 071. 

CX5260 Portions of 073 GRANTED. 

CX5260 074 GRANTED.

CX5260 Portions of 075 GRANTED.

CX5260 Portions of 079 GRANTED. 

CX5260 080-083 GRANTED. 

CX5260 Portions of 084 GRANTED. 

CX5260 Portions of 086 DENIED. 

CX5260 087-088 DENIED. 

CX5260 Portions of 089 DENIED. 

CX6774 Portions of 005 GRANTED.

CX6774 Portions of 016 GRANTED.

CX6774 Portions of 021 DENIED.

JX0110 Portions of 004-007 GRANTED.

JX0110 Portions of 009-010 GRANTED.

JX0110 Portions of 012-013 GRANTED. 

CX4155 Portions of 009, 014 GRANTED.

Cho Questionnaire Questions 38(g), 38(h), 

195, 203

GRANTED. 

Cho Questionnaire Questions 99 DENIED. 

CX2568 & CX2568A Portions of 001-002 GRANTED.

CX2641 & CX2641A Portions of 001-002, 004 GRANTED. 

CX2642 & CX2642A Portions of 001, 003 GRANTED.

CX0855 Portions of 004-005 GRANTED.

CX0855 Portions of 008-009 GRANTED. 

CX0855 Portions of 013-014 GRANTED.

CX0855 Portions of 017 GRANTED. 

CX0855 Portions of 019-021 GRANTED.

CX0855 Portions of 023-026 GRANTED. 

CX0855 Portions of 030 GRANTED.

CX0855 Portions of 039 GRANTED. 

CX0855 Portions of 042 GRANTED. 

CX0858 Portions of 001-003 GRANTED.

JX0068 Portions of 001-002 GRANTED. 

Case 5:17-cv-00220-LHK Document 1240 Filed 01/10/19 Page 2 of 3
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Case No. 17-CV-00220-LHK 

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

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United States District Court

Northern District of California

Document Section Ruling

JX0068 Portions of 004 DENIED without prejudice. 

Qualcomm’s unredacted filing 

includes no highlighting on this page, 

and thus does not make clear which 

portions of p. 004 Qualcomm seeks to 

seal. If the exhibit is introduced at 

trial, Qualcomm must seek sealing of 

this document in open court and use 

Qualcomm’s trial evidence time. 

CX0597 Portions of 002-005 GRANTED. 

CX0597 Portions of 007-008 GRANTED. 

CX8190 Entire Document Except 

001-003, 008, 016, 024, 

039, 054, 056, 061, 065, 

070, 079, 089, 105, 111-

12, 117, 128, 141, 157, 

160, 168, 175, 181, 182, 

190, 210, 220, 227, 234, 

243, 250, 257, 259, 269-

74, 280-81, 291, 294, 

296-98, 303, 306, 309, 

314, 322, 330

DENIED without prejudice. This 

document is 348 pages. Qualcomm 

has made insufficient effort to 

narrowly tailor its sealing request. 

The Court assumes that the parties 

only need a subset of the 348 pages 

for trial. If so, the FTC must identify 

what subset of pages of this document 

the FTC intends to use and introduce 

into evidence. The FTC’s 

identification will be done in open 

court and use the FTC’s trial evidence 

time. Qualcomm must then identify 

which of those pages or portions of 

pages it seeks to seal in open court

and use Qualcomm’s trial evidence 

time for sealing.

IT IS SO ORDERED.

Dated: January 10, 2019

______________________________________

LUCY H. KOH

United States District Judge

Case 5:17-cv-00220-LHK Document 1240 Filed 01/10/19 Page 3 of 3