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AMERICAS 96971081 

1 ADMIN. MOTION TO SEAL DOCUMENTS 

CASE NO: 5:17-cv-00220-LHK

Shamita Etienne-Cummings (Bar No. 202090) 

WHITE & CASE LLP 

701 Thirteenth Street, NW, Suite 600 

Washington, DC 20005-3807 

Telephone: (202) 626-3695 

Email: setienne@whitecase.com 

Attorneys for Non-Party 

Marvell Semiconductor, Inc. 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN JOSE DIVISION 

FEDERAL TRADE COMMISSION, 

Plaintiff, 

v. 

QUALCOMM INCORPORATED, et al., 

Defendant. 

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

ADMINISTRATIVE MOTION OF 

NON-PARTY MARVELL 

SEMICONDUCTOR,INC. TO FILE 

UNDER SEAL CONFIDENTIAL 

DOCUMENTS; SUPPORTING 

DECLARATION OF SHAMITA 

ETIENNE-CUMMINGS 

Judge: Hon. Lucy H. Koh 

Pursuant to the Court’s November 21, 2018, Order Granting in Part and Denying in Part 

Administrative Motions to File Under Seal, non-party Marvell Semiconductor, Inc. (“Marvell”) 

respectfully submits this Administrative Motion of Non-Party Marvell Semiconductor, Inc. to File 

Under Seal Confidential Documents along with a Declaration by Marvell counsel supporting the 

same, immediately upon learning about certain non-redaction of Marvell confidential information 

discussed herein. 

Unopposed by Qualcomm and the Federal Trade Commission, Marvell seeks to redact 

two instances of Defendant Qualcomm Incorporated’s Opposition to Motion for Partial Summary 

Judgment on Qualcomm’s Standard Essential Patent Licensing Commitments (“Opposition”) and 

Case 5:17-cv-00220-LHK Document 948 Filed 11/30/18 Page 1 of 5
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AMERICAS 96971081 

2 ADMIN. MOTION TO SEAL DOCUMENTS 

 CASE NO: 5:17-cv-00220-LHK 

seal an exhibit to the Opposition. See ECF No. 937. 

This Court’s November 21, 2018, Order Granting in Part and Denying in Part 

Administrative Motions to File Under Seal concluded that a party asking the Court to seal 

information filed as part of a motion for summary judgment must offer “compelling reasons.” In 

that same Order, the Court concluded that confidential information like the confidential 

information at issue here would qualify for redaction or sealing if it “reveals competitively 

sensitive business information,” which, “if published may harm [the non-party’s] competitive 

standing.” See ECF No. 935, at 4:11-12, 5:4-6. 

Marvell requests that the information requested to be redacted or sealed because it 

contains “competitively sensitive business information,” which, if left in public view will harm 

Marvell’s competitive standing. See ECF No. 935, at 4:11-12, 5:4-6. In particular, the information 

Marvell seeks to have redacted and placed under seal contains “confidential submissions to 

federal and international regulatory bodies.” See ECF No. 935, at 5:4-6. 

The attached declaration by Marvell counsel establishes that the information seeking to be 

redacted and sealed meets the requirements established by the Court. See Declaration of Shamita 

Etienne-Cummings, Counsel for Marvell Semiconductor, Inc. 

Dated: November 30, 2018 Respectfully submitted, 

WHITE & CASE LLP 

 /s/ Shamita Etienne-Cummings

 Shamita Etienne-Cummings 

Attorneys for Non-Party 

Marvell Semiconductor, Inc. 

Case 5:17-cv-00220-LHK Document 948 Filed 11/30/18 Page 2 of 5
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AMERICAS 96971081 

1 SUPPORTING DECL. I/SO/ ADMIN. MOTION 

 TO SEAL DOCUMENTS CASE NO: 5:17-cv-00220-LHK 

DECLARATION OF SHAMITA ETIENNE-CUMMINGS 

I, Shamita Etienne-Cummings, declare as follows: 

1. I am a partner with the law firm White & Case LLP, counsel of record for nonparty Marvell Semiconductor, Inc. (“Marvell”) in the above captioned case. I am licensed to 

practice law in the State of California and am admitted to practice before the U.S. District Court 

for the Norther District of California. I am familiar with the facts set forth herein and, if called as 

a witness, could and would testify competently to those facts under oath. 

2. I submit this declaration in reference to this Court’s November 21, 2018, Order 

denying the sealing of a confidential document pertaining to non-party Marvell, see ECF No. 935 

at 10:7-8, and Defendant Qualcomm Incorporated’s Opposition to Motion for Partial Summary 

Judgment on Qualcomm’s Standard Essential Patent Licensing Commitments. See ECF No. 937 

(filed Nov. 28, 2018). 

3. On or about September 24, 2018, Defendant Qualcomm informed Marvell that it 

anticipated including as part of Qualcomm’s Opposition to the Federal Trade Commission’s 

Motion for Summary Judgment certain information that Marvell previously designated “Outside 

Attorney’s Eyes Only” pursuant to the Court’s Protective Order. See ECF No. 81. The document 

in question was originally produced by Marvell to the Federal Trade Commission as part of the 

Commission’s investigation of Qualcomm, and later to Qualcomm in response to its subpoena on 

Marvell. At all times, Marvell designated the information as “Outside Attorney’s Eyes Only” and 

required that Qualcomm maintain the information as such. 

4. On September 24, 2018, counsel for Marvell requested that Qualcomm confirm 

that any filings will be under seal. Counsel for Qualcomm confirmed that Marvell’s responses 

would be filed under seal and that Qualcomm would prepare any necessary requests. 

5. On September 24, 2018, Qualcomm filed a Request for Judicial Notice in Support 

of Opposition for Partial Summary Judgment on Qualcomm’s Standard Essential Patent 

Licensing Commitments. ECF No. 871. In that filing, Qualcomm requested the Court take 

judicial notice of certain confidential documents submitted by Marvell (“Marvell Exhibit”). Id. at 

7:21-8:2. 

Case 5:17-cv-00220-LHK Document 948 Filed 11/30/18 Page 3 of 5
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AMERICAS 96971081 

2 SUPPORTING DECL. I/SO/ ADMIN. MOTION 

 TO SEAL DOCUMENTS CASE NO: 5:17-cv-00220-LHK 

6. On November 21, 2018, this Court issued an order denying that the Marvell 

Exhibit be sealed. 

7. On November 28, 2018, Qualcomm filed a redacted version of its Opposition to 

Motion for Partial Summary Judgment on Qualcomm’s Standard Essential Patent Licensing 

Commitments, and included two references to Marvell and an unsealed version of the Marvell 

Exhibit. See ECF No. 937. 

8. Marvell is a non-party to this action. Disclosure of Marvell’s confidential business 

information would cause undue injury to Marvell and put Marvell at a competitive disadvantage 

by informing competitors about Marvell policies, practices, and strategies. Further, disclosure 

would harm Marvell’s relationships with third parties by revealing sensitive information about 

Marvell’s relationship with those third parties. 

9. Marvell requests the Court maintain under seal two separate references to Marvell 

made by Qualcomm in its filing. 

a. First, Marvell requests the Court maintain under seal (through redaction or 

otherwise) two references to Marvell by Defendant in their filing. See ECF No. 

937. 

b. Second, Marvell requests the Court maintain under seal the Marvell Exhibit to 

Qualcomm’s opposition discussing Marvell’s relationship with certain foreign 

governmental entities. See ECF No. 937. 

10. Both references to Marvell contain information that “reveals competitively 

sensitive business information,” which, “if published may harm [Marvell’s] competitive 

standing.” See ECF No. 935, at 4:11-12, 5:4-6. In particular, such references contain “confidential 

submissions to federal and international regulatory bodies.” see ECF No. 935, at 5:4-6. 

11. This is so for at least four reasons: 

a. First, Marvell originally shared the information with the foreign governmental 

entity on the representation by the governmental entity that information 

submitted “will be kept as confidential information and will not be used for 

any purpose other than enforcement of [the law of the foreign government].” 

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AMERICAS 96971081 

3 SUPPORTING DECL. I/SO/ ADMIN. MOTION 

 TO SEAL DOCUMENTS CASE NO: 5:17-cv-00220-LHK 

See ECF No. 937. 

b. The document in question was produced to Qualcomm as “HIGHLY 

CONFIDENTIAL – ATTORNEY’S EYES ONLY.” Counsel for Qualcomm 

confirmed that that confidentiality designation would apply to any production 

of the document at issue here. 

c. Third, Marvell requested of Qualcomm as early as September 24, 2018, that 

Qualcomm file the document in question under seal. 

d. Fourth, Qualcomm agreed that they if they filed the document in question, they 

would do so under seal. 

12. Marvell is the Designating Party for the Marvell Exhibit as defined in Local Rule 

79-5(e). 

I declare under penalty of perjury under the laws of the United States that the foregoing is true 

and correct. Dated this 30th day of November, 2018. 

/s/ Shamita Etienne-Cummings 

 Shamita Etienne-Cummings 

Case 5:17-cv-00220-LHK Document 948 Filed 11/30/18 Page 5 of 5