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Case No. 17-CV-0220-LHK

Joint Admin. Mot. to File Under Seal

FTC’s Opposition to Qualcomm’s MIL re: Huawei

Counsel Listed on Signature Page

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

FEDERAL TRADE COMMISSION,

Plaintiff,

vs.

QUALCOMM INCORPORATED, a 

Delaware corporation,

Defendant.

NO. 5:17-CV-00220-LHK

JOINT ADMINISTRATIVE MOTION 

TO FILE UNDER SEAL THE FTC’S 

OPPOSITION TO QUALCOMM’S 

MOTION IN LIMINE NO. 1 EXCLUDE 

TESTIMONY FROM HUAWEI 

WITNESSES

CTRM: COURTROOM 8

JUDGE: HON. LUCY H. KOH

Case 5:17-cv-00220-LHK Document 961 Filed 12/04/18 Page 1 of 6
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. 1

Case No. 17-CV-0220-LHK

Joint Admin. Mot. to File Under Seal

FTC’s Opposition to Qualcomm’s MIL re: Huawei

Pursuant to Civil Local Rules 7-11 and 79-5(d), and this Court’s September 5, 2018 Order 

(ECF No. 821), Defendant Qualcomm Incorporation (“Qualcomm”) and Plaintiff Federal Trade 

Commission (“FTC”) hereby jointly move the Court to issue an administrative order authorizing 

the filing under seal of the FTC’s Opposition to Qualcomm’s Motion in Limine No. 1 to Exclude 

Testimony from Huawei Witnesses and accompanying exhibits (the “Motion in limine

Opposition”). In accordance with the Court’s Local Rules, a public redacted version of the 

Motion in limine Opposition has been filed using the ECF system for the Northern District of 

California.

Civil Local Rule 79-5 provides that documents, or portions thereof, may be sealed if a 

party “establishes that the documents, or portions thereof, are privileged, protectable as a trade 

secret or otherwise entitled to protection under the law.” Civ. L.R. 79-5(b). A party seeking to 

seal a document must submit “narrowly tailor[ed]” requests, id., and overcome the “strong 

presumption in favor of access” that applies to court documents other than those that are 

traditionally kept secret. Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1099 (9th 

Cir.), cert. denied sub nom. FCA U.S. LLC v. Ctr. for Auto Safety, 137 S. Ct. 38, 196 L. Ed. 2d 26 

(2016). Because a motion in limine is “more than tangentially related to the underlying cause of 

action,” id.; see also Order on Motions to Seal, Nov. 21, 2018, ECF No. 936, at 4, the 

declarations must set forth the “compelling reasons supported by specific factual findings” which 

“outweigh the general history of access and the public policies favoring disclosure,” Kamakana v. 

City & Cty. of Honolulu, 447 F.3d 1172, 1178–79 (9th Cir. 2006) (citation omitted).

Subsection (e) of Civil Local Rule 79-5, as supplemented by this Court’s September 5, 

2018 Order (ECF No. 821), sets forth procedures that apply when a party seeks to file information 

designated as confidential by the opposing party or a non-party. Under subsection (e), the 

submitting party’s “declaration in support of the Administrative Motion to File Under Seal must 

identify the document or portions thereof which contain the designated confidential material and 

identify the party that has designated the material as confidential (‘the Designating Party’).”

Pursuant to this Court’s order, the parties must file all necessary declarations concurrently with 

this administrative motion, including third party declarations to the extent practicable. ECF No. 

Case 5:17-cv-00220-LHK Document 961 Filed 12/04/18 Page 2 of 6
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. 2

Case No. 17-CV-0220-LHK

Joint Admin. Mot. to File Under Seal

FTC’s Opposition to Qualcomm’s MIL re: Huawei

821. When this is not practicable with respect to non-parties, the parties’ declarations must 

provide the reasons. Id.

The Motion in limine Opposition contains information designated as confidential by 

Huawei under the governing Protective Orders in In re: Qualcomm Antitrust Litigation, No. 17-

md-02773-LHK-NMC (N.D. Cal.) (“MDL Action”); Federal Trade Commission v. Qualcomm 

Incorporated, No. 17-cv-00220-LHK-NMC (N.D. Cal.) (“FTC Action”); and Apple, Inc. v. 

Qualcomm Incorporated, No. 17-cv-0108-GPC-MDD (“S.D. Cal. Action”) (together, “Protective 

Orders”).

The FTC and Qualcomm respectfully move the Court to keep sealed portions of the 

Motion in limine Opposition, as described below. Filed concurrently herewith are declarations 

from counsel for the FTC attesting to compliance with the requirements of the Court’s 

September 5, 2018 Order regarding administrative motions to seal (ECF No. 821).

FTC’s Opposition to Qualcomm’s Motion in Limine No. 1 re: Huawei

The information identified below was previously designated highly confidential by 

Huawei, as to which Qualcomm and the FTC take no position:

ECF Document Page / Line #

953 Exhibit 1 to the 

Motion in limine

Opposition

Entire exhibit

* * *

The declarations of FTC lead counsel and Qualcomm lead counsel, as well as a proposed 

order granting the Joint Administrative Motion to File Under Seal, are submitted herewith.

Case 5:17-cv-00220-LHK Document 961 Filed 12/04/18 Page 3 of 6
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. 3

Case No. 17-CV-0220-LHK

Joint Admin. Mot. to File Under Seal

FTC’s Opposition to Qualcomm’s MIL re: Huawei

Dated: December 4, 2018 Respectfully Submitted,

/s/ Jennifer Milici 

Jennifer Milici

Joseph R. Baker

J. Alexander Ansaldo

Aaron Ross

Federal Trade Commission

600 Pennsylvania Avenue, N.W.

Washington, D.C. 20580

(202) 326-3695; (202) 326-3496 (fax)

jmilici@ftc.gov

Attorneys for Plaintiff

Federal Trade Commission

CRAVATH, SWAINE & MOORE LLP,

/s/ Gary A. Bornstein

Gary A. Bornstein

Yonatan Even

Worldwide Plaza

825 Eighth Avenue

New York, NY 10019

Tel: (212) 474-1000

Fax: (212) 474-3700

gbornstein@cravath.com

yeven@cravath.com

Robert A. Van Nest

Asim M. Bhansali 

Eugene M. Paige 

KEKER, VAN NEST & PETERS LLP

633 Battery Street

San Francisco, CA 94111-1809

Tel: (415) 391-5400

Fax: (415) 397-7188

rvannest@keker.com

abhansali@keker.com

epaige@keker.com

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. 4

Case No. 17-CV-0220-LHK

Joint Admin. Mot. to File Under Seal

FTC’s Opposition to Qualcomm’s MIL re: Huawei

Richard S. Taffet 

MORGAN, LEWIS & BOCKIUS LLP

101 Park Avenue

New York, NY 10178-0060

Tel: (212) 309-6000

Fax: (212) 309-6001

richard.taffet@morganlewis.com

Willard K. Tom

MORGAN, LEWIS & BOCKIUS LLP

1111 Pennsylvania Ave. NW

Washington, DC 20004-2541

Tel: (202) 739-3000

Fax: (202) 739 3001 

willard.tom@morganlewis.com

Geoffrey T. Holtz

MORGAN, LEWIS & BOCKIUS LLP

One Market, Spear Street Tower

San Francisco, CA 94105-1126

Tel: (415) 442-1000

Fax: (415) 442-1001

geoffrey.holtz@morganlewis.com

Attorneys for Qualcomm Incorporated

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. 5

Case No. 17-CV-0220-LHK

Joint Admin. Mot. to File Under Seal

FTC’s Opposition to Qualcomm’s MIL re: Huawei

FILER’S ATTESTATION

I, Jennifer Milici, am the ECF user whose identification and password are being used to 

make this filing. In compliance with Civil Local Rule 5-1(i)(3), I hereby attest that the signatories 

of these documents have concurred in this filing.

/s/ Jennifer Milici

Jennifer Milici

Case 5:17-cv-00220-LHK Document 961 Filed 12/04/18 Page 6 of 6