RAMBUS’S BRIEF SUPPORTING IN PART SK HYNIX’S MOTION TO FILE UNDER SEAL
CASE NO. CV 00-20905 RMW
Pursuant to Local Rule 79-5(d), Rambus Inc. respectfully submits this brief and anaccompanying declaration supporting in part the Administrative Motion for Leave to FileDocuments Under Seal Pursuant to L.R. 7-11 and 79-5(d) and General Order No. 62, dated May20, 2013 (Dkt. 4248) (“Sealing Motion”), filed by SK hynix Inc., SK hynix America Inc., SK hynix U.K. Ltd., and SK hynix Deutschland GmbH (collectively, “SK hynix”). Rambusunderstands that SK hynix has lodged with the Court SK hynix’s Brief in Support of Its ProposedForm of Final Judgment, dated May 20, 2013 (“SK hynix Brief”), in three versions: theConfidential Version, which contains no annotations or redactions; the Annotated Version, whichcontains highlighting for sealable portions of the brief; and the Redacted Public Version, whichcontains redactions for those sealable portions.
SK hynix’s Sealing Motion seeks, among other relief,
to file under seal portions of the SK hynix Brief that contain information regarding “Rambus’s license agreements.”
Sealing Mot.at 1. SK hynix has identified those sealable portions in the Annotated Version and the RedactedPublic Version lodged with the Court. Rambus agrees that the Annotated Version and/or theConfidential Version should be filed under seal, because they contain confidential business andfinancial information regarding licenses between Rambus and certain DRAM manufacturers,specifically information that could reveal the Effective Royalty Rates (“ERRs”) calculated by SK hynix’s counsel. Rambus believes that the Redacted Public Version lodged by SK hynix can be publicly filed.
Local Rule 79-5(c) Commentary (“The Clerk will file any redacted version of the document in the public record.”). Rambus believes that the redactions proposed by SK hynixare narrowly tailored to seal only those portions of the SK hynix Brief that contain suchconfidential information.
The Redacted Public Version is attached to the Declaration of Susan Roeder in Support of Hynix’s Administrative Motion to File Under Seal Documents Pursuant to L.R. 7-11 and 79-5and General Order No. 62, dated May 20, 2013. Rambus understands that SK hynix has lodgedthat document with the Court.
Rambus takes no position on SK hynix’s request, made in the Sealing Motion, to file under sealthe Declaration of Roy Weinstein in Support of SK hynix’s Proposed Form of Judgment and theexhibits thereto.
Case5:00-cv-20905-RMW Document4251 Filed05/28/13 Page2 of 6