Shunock v. Apple, Inc.

S.D. New York

Shunock v. Apple, Inc.

District Court, S.D. New York·Decided January 6, 2025·No. 1:23-cv-08598·Unknown

Opinion

1290 Avenue of the Americas New York NY 10104 212.390.9000 Selendy | Gay sean Baldwin By no later than January 27, 2025, Plaintiff shall submit a Partner letter brief with the Court explaining why the sealing of Dkt. 212.390.9007 89-1 is justified under the standard set forth in Lugosch v. sbaldwin@selendygay.com Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). See, e.g., Rouviere v. Howmedica Osteonics Corp., 645 F. December 13, 2024 Supp. 3d 157, 163 n.3 (S.D.N.Y. 2022) ("A party seeking to : seal material subject to [a] protective order must . . . justify Via ECF : . Le oo why the presumption of public access over judicial Honorable Jennifer L. Rochon documents should be overcome." (citation omitted)). United States District Court Southern District of New York Dated: January 6, 2025 so ORDERED. 500 Pearl Street, Room 1920 New York, New York © he New York, NY 10007 NNIFER L. ROCHON United States District Judge Re: Shunock v. Apple Inc., No. 1:23-cv-08598-JLR-SLC Dear Judge Rochon, Plaintiff Dr. Michael Shunock writes pursuant to Rule 4.B.111 of Your Honor’s Individual Rules of Practice to request that the Court grant Plaintiff leave to file Exhibit 1, Plaintiff's Markman Hearing Presentation, which was presented to the Court during the Markman Hearing on December 12, 2024. On April 29, 2024, the Court signed and published the Parties’ Protective Order, ECF No. 35. Under the Protective Order, Plaintiff and Defendant agreed to file documents marked “CONFIDENTIAL” and “CONFIDENTIAL — ATTORNEYS’ EYES ONLY” under seal. Protective Order § 14. Because Exhibit 1 contains material designated by Defendant as “CONFIDENTIAL — ATTORNEYS’ EYES ONLY” and “CONFIDENTIAL”, Plaintiff respectfully requests that the Court grant Plaintiff leave to file the Exhibit under seal, and any such further relief that the Court deems just and proper. Plaintiff is also filing — unsealed — Exhibit 2, Supplemental Guidance for Examination of Design Patent Applications Related to Computer-generated Electronic Images, which was similarly presented to the Court during Plaintiff's December 12, 2024 Markman Hearing Presentation. Sincerely, □□□ Sean Baldwin Sean Baldwin Partner

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1290 Avenue of the Americas New York NY 10104 212.390.9000 Selendy | Gay sean Baldwin By no later than January 27, 2025, Plaintiff shall submit a Partner letter brief with the Court explaining why the sealing of Dkt. 212.390.9007 89-1 is justified under the standard set forth in Lugosch v. sbaldwin@selendygay.com Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). See, e.g., Rouviere v. Howmedica Osteonics Corp., 645 F. December 13, 2024 Supp. 3d 157, 163 n.3 (S.D.N.Y. 2022) ("A party seeking to : seal material subject to [a] protective order must . . . justify Via ECF : . Le oo why the presumption of public access over judicial Honorable Jennifer L. Rochon documents should be overcome." (citation omitted)). United States District Court Southern District of New York Dated: January 6, 2025 so ORDERED. 500 Pearl Street, Room 1920 New York, New York © he New York, NY 10007 NNIFER L. ROCHON United States District Judge Re: Shunock v. Apple Inc., No. 1:23-cv-08598-JLR-SLC Dear Judge Rochon, Plaintiff Dr. Michael Shunock writes pursuant to Rule 4.B.111 of Your Honor’s Individual Rules of Practice to request that the Court grant Plaintiff leave to file Exhibit 1, Plaintiff's Markman Hearing Presentation, which was presented to the Court during the Markman Hearing on December 12, 2024. On April 29, 2024, the Court signed and published the Parties’ Protective Order, ECF No. 35. Under the Protective Order, Plaintiff and Defendant agreed to file documents marked “CONFIDENTIAL” and “CONFIDENTIAL — ATTORNEYS’ EYES ONLY” under seal. Protective Order § 14. Because Exhibit 1 contains material designated by Defendant as “CONFIDENTIAL — ATTORNEYS’ EYES ONLY” and “CONFIDENTIAL”, Plaintiff respectfully requests that the Court grant Plaintiff leave to file the Exhibit under seal, and any such further relief that the Court deems just and proper. Plaintiff is also filing — unsealed — Exhibit 2, Supplemental Guidance for Examination of Design Patent Applications Related to Computer-generated Electronic Images, which was similarly presented to the Court during Plaintiff's December 12, 2024 Markman Hearing Presentation. Sincerely, □□□ Sean Baldwin Sean Baldwin Partner

Shunock v. Apple, Inc., (S.D.N.Y. 2025).

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