SMRH:4830-6735-2471.1 SAMSUNG’S MOTION TO MAINTAIN UNDER SEAL PREVIOUSLY-SEALED 

CONFIDENTIAL MATERIAL REFLECTED IN THE COURT’S FINDINGS

OF FACT AND CONCLUSIONS OF LAW

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SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

A Limited Liability Partnership 

Including Professional Corporations 

GARY L. HALLING, Cal. Bar No. 66087 

ghalling@sheppardmullin.com 

MICHAEL W. SCARBOROUGH, Cal. Bar No. 203524 

mscarborough@sheppardmullin.com 

MONA SOLOUKI, Cal. Bar No. 215145 

msolouki@sheppardmullin.com 

Four Embarcadero Center, 17th Floor 

San Francisco, California 94111-4109 

Telephone: 415.434.9100 

Facsimile: 415.434.3947 

Attorneys for Non-Parties 

SAMSUNG ELECTRONICS CO., LTD., 

SAMSUNG SEMICONDUCTOR, INC. and 

SAMSUNG ELECTRONICS AMERICA, INC. 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN JOSE DIVISION 

FEDERAL TRADE COMMISSION, 

Plaintiff, 

QUALCOMM INCORPORATED, 

Defendant. 

Case No. 5:17-cv-0220-LHK 

The Hon. Lucy H. Koh 

NONPARTY SAMSUNG’S

ADMINISTRATIVE MOTION TO 

MAINTAIN UNDER SEAL 

PREVIOUSLY-SEALED CONFIDENTIAL 

MATERIAL REFLECTED IN THE 

COURT’S FINDINGS OF FACT AND 

CONCLUSIONS OF LAW 

Case 5:17-cv-00220-LHK Document 1493 Filed 05/22/19 Page 1 of 3
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SMRH:4830-6735-2471.1 SAMSUNG’S MOTION TO MAINTAIN UNDER SEAL PREVIOUSLY-SEALED 

CONFIDENTIAL MATERIAL REFLECTED IN THE COURT’S FINDINGS

OF FACT AND CONCLUSIONS OF LAW

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 Pursuant to the Northern District of California’s Civil Local Rules 7-11 and 79-5, and 

consistent with this Court’s Orders regarding sealing, non-parties Samsung Electronics Co., Ltd., 

Samsung Semiconductor, Inc., and Samsung Electronics America, Inc. (collectively “Samsung”) 

move this Court for an order to seal and redact certain previously-sealed Samsung confidential 

material that appear to have been inadvertently disclosed in the Court’s Findings of Fact and 

Conclusions of Law, which was filed on May 21, 2019. 

The disclosed information reflects the highly sensitive and confidential settlement amount 

agreed to by Samsung and Qualcomm in the January 2018 settlement agreement, which the Court 

previously determined met the standards for sealing. See ECF 1174 at 3. The confidential 

settlement amount is reflected at the following pages and lines of the Court’s Findings of Fact and 

Conclusions of Law: page 61, line 7; page 219, line 10; and page 231, line 19. As the Court 

previously agreed, the public disclosure of the specific monetary value of the settlement between 

Qualcomm and Samsung to Samsung’s competitors, who have (or had) similar licensing disputes 

with Qualcomm, would irreparably harm Samsung’s business advantage, as such competitors 

could use that information in negotiations with Qualcomm to obtain the same or better settlement 

terms from Qualcomm. Moreover, this request is narrowly-tailored to only the settlement amount 

of the settlement agreement. Accordingly, Samsung respectfully moves this Court to issue an 

Order to seal the above-referenced portions of its Findings of Fact and Conclusions of Law. 

Samsung continues to study the Court’s Findings of Fact and Conclusions of Law, which 

spans more than 230 pages, to ensure that other previously-sealed confidential material has not 

been inadvertently disclosed which may need re-sealing. 

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SMRH:4830-6735-2471.1 SAMSUNG’S MOTION TO MAINTAIN UNDER SEAL PREVIOUSLY-SEALED 

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OF FACT AND CONCLUSIONS OF LAW

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Dated: May 22, 2019 

 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

 

By /s/ Gary L. Halling

 GARY L. HALLING 

Attorneys for Non-Parties 

Samsung Electronics Co., Ltd., 

Samsung Semiconductor, Inc., and 

Samsung Electronics America, Inc. 

Case 5:17-cv-00220-LHK Document 1493 Filed 05/22/19 Page 3 of 3