Case: 12-1600 Document: 39-2 Page: 1 Filed: 09/18/2012
NOTE: This order is nonprecedential.
Wniteb ~tates Court of ~peaIs
for tbe jfeberaI ([ircuit
APPLE INC.,
Plaintiff-Appellant,
v.
SAMSUNG ELECTRONICS CO., LTD., SAMSUNG
ELECTRONICS AMERICA, INC., AND SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC,
Defendants-Cross Appellants.
2012-1600, -1606
Appeals from the United States District Court for the
Northern District of California in case no. 11-CV-1846,
Judge Lucy H. Koh.
ON MOTION
PER CURIAM.
ORDER
First Amendment Coalition (FAC) moves to intervene,
to reform the caption, and to set an expedited briefing
schedule. Apple Inc. and Samsung Electronics Co., Ltd. et
al. (Samsung) oppose the motions.
Case: 12-1600 Document: 39-2 Page: 2 Filed: 09/18/2012
APPLE INC. V SAMSUNG ELECTRONICS CO., LTD. 2
Both Samsung and Apple have appealed from orders
partially denying motions to seal the record. FAC, which
was not a party to the action and did not seek to partici-
pate below, now moves to intervene.
A party that has not moved to intervene at the trial
court must satisfy a more exacting standard to justify
intervention on appeal. See Landreth Timber Co. v.
Landreth, 731 F.2d 1348, 1353 (9th Cir. 1984) ("A court of
appeals may permit intervention where none was sought
in district court 'only in an exceptional case for imperative
reasons[.]'" (citation omitted); Spring Constr. Co., Inc. v.
Harris, 614 F.2d 374, 377 n.1 (4th Cir. 1980) ("[M]ost
cases have held that intervention on appeal will be
granted only under exceptional circumstances.").
Here, we cannot say that standard has been met. We
therefore deny FAC's motion to intervene. FAC, however,
may move to file a brief amicus curiae as set forth below.
Because FAC is not a party to this appeal, we deny its
other motions.
Accordingly,
IT Is ORDERED THAT:
(1) FAC's motions are denied.
(2) FAC may move for leave to file a brief amicus cu-
riae with the brief attached no later than 14 days after
Samsung's brief is filed.
FOR THE COURT
SEP 18 2012 lsI Jan Horbaly
Date Jan Horbaly
Clerk
cc: Kathleen M. Sullivan, Esq.
William F. Lee, Esq.
William R. Stein, Esq. FILED
U.S. COURT OF APPEALS FOR
s19 THE FEDER!..' ,.r~CUIT
SEP 18 ZU1Z
JAN HORBAlY
CLERK