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Case No. 17-cv-00220-LHK

ORDER GRANTING IN PART AND DENYING IN PART SEALING MOTION RELATED TO MOTION TO 

EXCLUDE NEVO TESTIMONY

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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 SEALING 

MOTION RELATED TO MOTION TO 

EXCLUDE NEVO TESTIMONY

Re: Dkt. No. 1047

Before the Court is the joint administrative motion to seal the FTC’s motion to exclude 

Prof. Nevo’s expert testimony and Qualcomm’s opposition to the FTC’s motion. ECF No. 1047. 

Applying the compelling reasons standard, the Court orders as follows:

Document Page/Line Ruling

FTC Motion 2:4-5 GRANTED.

FTC Motion 2:18-28 GRANTED.

FTC Motion 3:3-4 GRANTED.

FTC Motion 4:6 DENIED.

FTC Motion 4:24-28 DENIED.

FTC Motion 5:18 GRANTED.

Case 5:17-cv-00220-LHK Document 1206 Filed 01/09/19 Page 1 of 4
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Case No. 17-cv-00220-LHK

ORDER GRANTING IN PART AND DENYING IN PART SEALING MOTION RELATED TO MOTION TO 

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United States District Court

Northern District of California

Document Page/Line Ruling

FTC Motion, Milici 

Declaration

2:15-16 GRANTED.

FTC Motion, Milici 

Declaration

2:20-21 GRANTED.

FTC Motion, Milici 

Declaration

2:24-25 GRANTED.

FTC Motion, Milici 

Declaration

3:2-3 DENIED.

FTC Motion, Milici 

Declaration

3:6-7 DENIED.

FTC Motion, Nevo 

Rebuttal Report

49, ¶ 94, selected portions GRANTED.

FTC Motion, Nevo 

Rebuttal Report

49, n. 179 GRANTED.

FTC Motion, Nevo 

Rebuttal Report

149, ¶ 292, selected portions GRANTED.

FTC Motion, Nevo 

Rebuttal Report

150, ¶ 296, selected portions GRANTED.

FTC Motion, Nevo 

Rebuttal Report

150, n. 513 GRANTED.

FTC Motion, Nevo 

Rebuttal Report

151, ¶ 299, selected portions GRANTED.

FTC Motion, Nevo 

Rebuttal Report

151, n. 517 GRANTED.

FTC Motion, Nevo 

deposition transcript

256:13 GRANTED.

FTC Motion, Nevo 

deposition transcript

256:16-17 DENIED.

FTC Motion, Nevo 

deposition transcript

257:1 DENIED.

FTC Motion, Nevo 

deposition transcript

257:9 DENIED.

FTC Motion, Nevo 

deposition transcript

257:14-15 GRANTED.

FTC Motion, Nevo

deposition transcript

257:18-19 DENIED.

FTC Motion, Exhibits 3 

to 7

Entire exhibits. GRANTED.

FTC Motion, Exhibit 8 Entire exhibit. DENIED.

Qualcomm Opposition 2:25-26 GRANTED.

Qualcomm Opposition 2:27-3:2 GRANTED.

Qualcomm Opposition 3:4 GRANTED.

Case 5:17-cv-00220-LHK Document 1206 Filed 01/09/19 Page 2 of 4
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Case No. 17-cv-00220-LHK

ORDER GRANTING IN PART AND DENYING IN PART SEALING MOTION RELATED TO MOTION TO 

EXCLUDE NEVO TESTIMONY

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United States District Court

Northern District of California

Document Page/Line Ruling

Qualcomm Opposition 3:5-8, selection before “license 

agreement”

DENIED.

Qualcomm Opposition 3:8, selection between “license 

agreement” through line 10

GRANTED.

Qualcomm Opposition 3:11-14 GRANTED.

Qualcomm Opposition 3:17 GRANTED.

Qualcomm Opposition 3:19 GRANTED.

Qualcomm Opposition 3:22-23 GRANTED.

Qualcomm Opposition 3:26-27 GRANTED.

Qualcomm Opposition 4:3-4 GRANTED.

Qualcomm Opposition 4:7 GRANTED.

Qualcomm Opposition 4:14-15 GRANTED.

Qualcomm Opposition 4:22 DENIED.

Qualcomm Opposition 5:9-11 GRANTED.

Qualcomm Opposition 6:13-14 GRANTED.

Qualcomm Opposition 8:1-2 DENIED.

Qualcomm Opposition 8:3-4 DENIED.

Qualcomm Opposition 8:5-6 GRANTED.

Qualcomm Opposition 8:8-9 DENIED.

Qualcomm Opposition 8:12 GRANTED.

Qualcomm Opposition 9:16 GRANTED.

Qualcomm Opposition, 

Byars Declaration

1:11-12 GRANTED.

Qualcomm Opposition, 

Byars Declaration

1:14-15 GRANTED.

Qualcomm Opposition, 

Gonell Declaration

1:8-10 GRANTED.

Qualcomm Opposition, 

Gonell Declaration

1:12-16 GRANTED.

Qualcomm Opposition, 

Gonell Declaration

1:17-20 GRANTED.

Qualcomm Opposition, 

Gonell Declaration

1:21-25 GRANTED.

Qualcomm Opposition, 

Gonell Declaration

2:1-4 GRANTED.

Qualcomm Opposition, 

Shapiro Expert Report

117-18, ¶ 314 GRANTED.

Qualcomm Opposition, 

Shapiro Expert Report

118, ¶ 315 DENIED.

Qualcomm Opposition, 

Shapiro Expert Report

118, notes 595-603 DENIED.

Qualcomm Opposition, 

Shapiro Rebuttal Report

39, ¶ 112 DENIED.

Case 5:17-cv-00220-LHK Document 1206 Filed 01/09/19 Page 3 of 4
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Case No. 17-cv-00220-LHK

ORDER GRANTING IN PART AND DENYING IN PART SEALING MOTION RELATED TO MOTION TO 

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United States District Court

Northern District of California

Document Page/Line Ruling

Qualcomm Opposition, 

Shapiro Rebuttal Report

39, note 118 DENIED.

The parties shall refile the above documents by January 11, 2019, consistent with the 

above sealing rulings.

IT IS SO ORDERED.

Dated: January 9, 2019

______________________________________

LUCY H. KOH

United States District Judge

Case 5:17-cv-00220-LHK Document 1206 Filed 01/09/19 Page 4 of 4