Trujillo v. Apple Computer, Inc. et al

Filing 111

MOTION by Defendant Apple Computer, Inc. for protective order Defendant Apple Inc.'s Agreed Motion for Entry of Stipulated Protective Order Governing the Production of Confidential Business Information (Attachments: # 1 {Proposed} Stipulated Protective Order Regarding the Disclosure of Confidential Information)(Stanton, Patrick)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION JOSE TRUJILLO, individually and on behalf of all others similarly situated, Case No. 07-CV-04946 Plaintiff, v. APPLE COMPUTER, INC., a California Corporation, and AT&T, INC., a Texas Corporation, Defendants. DEFENDANT APPLE INC.'S AGREED MOTION FOR ENTRY OF STIPULATED PROTECTIVE ORDER GOVERNING THE PRODUCTION OF CONFIDENTIAL BUSINESS INFORMATION Defendant Apple Inc. (formerly known as Apple Computer, Inc.) ("Apple") requests, pursuant to Federal Rule of Civil Procedure 26(c), that the Court enter the attached Proposed Stipulated Protective Order agreed upon by Plaintiff Jose Trujillo and Apple. The grounds in support of this motion are as follows: 1. This litigation relates to Apple's disclosures regarding the out-of-warranty battery replacement program for Apple's iPhone. The iPhone combines three products -- a mobile phone, an iPod, and an Internet communications device with email, web browsing, searching and maps. Apple began selling the iPhone on June 29, 2007. The iPhone has received a great deal of attention in the public press, and the market for both cellphones and portable music players is highly competitive. 2. 3. Discovery in this case may extend to confidential, proprietary and highly sensitive Pursuant to the Court's Case Management Procedures, Apple has identified the internal Apple documents related to the design and financial aspects of the iPhone. specific categories of highly sensitive documents which necessitate confidential treatment. The categories are described in paragraph 8(a) of the attached Stipulated Protective Order as design and engineering specifications and testing, and proprietary sales, financial, and marketing information. The disclosure of such information would likely cause unnecessary damage and injury, and therefore good cause exists to limit public disclosure of this information. 485765.1 054411-40509 Judge Kennelly 4. 5. These specific categories of information are not publicly disclosed by Apple, and Disclosure of design and engineering specifications and testing for the iPhone Apple also takes internal measure to ensure the confidentiality of these types of information. would impair Apple's ability to compete in the cellphone/portable music player market and to protect its proprietary design and technology. 6. Disclosure of proprietary sales, financial and marketing information would also harm Apple's position with respect to its competitors, suppliers and vendors. The proprietary marketing information encompassed by the Agreed Protective Order would include detailed positioning and marketing plans, not any public materials. 7. 8. The proposed protective order is reasonably required for the protection of the Plaintiff has agreed to the entry of the proposed protective order. Respectfully submitted, APPLE INC. By:/s/Patrick T. Stanton One of Its Attorneys Patrick T. Stanton (#6216899) Edward S. Weil (#6194191) Schwartz Cooper Chartered 180 North LaSalle Street, Suite 2700 Chicago, Illinois 60601 (312)346-1300 and Penelope A. Preovolos (admitted pro hac vice) Andrew D. Muhlbach Johanna W. Roberts (admitted pro hac vice) Morrison & Foerster LLP 425 Market Street San Francisco, California 94105 (415) 268-7000 business information described in paragraph 3. Dated: June 4, 2008 485765.1 054411-40509 -2-


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