Apple Inc. v. Samsung Electronics Co., Ltd. et al

Filing 211

Declaration of CYNDI WHEELER in Support of 195 Administrative Motion to File Under Seal Watson Declaration ISO Samsung's PI Opp. 115 and Exhibits filed byApple Inc.. (Attachments: # 1 Proposed Order)(Related document(s) 195 ) (Lyon, Hervey) (Filed on 6/8/2012)

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JOSH A. KREVITT (CA SBN 208552) jkrevitt@gibsondunn.com H. MARK LYON (CA SBN 162061) mlyon@gibsondunn.com GIBSON, DUNN & CRUTCHER LLP 1881 Page Mill Road Palo Alto, CA 94304-1211 Telephone: (650) 849-5300 Facsimile: (650) 849-5333 WILLIAM F. LEE (pro hac vice) william.lee@wilmerhale.com WILMER CUTLER PICKERING HALE AND DORR LLP 60 State Street Boston, Massachusetts 02109 Telephone: (617) 526-6000 Facsimile: (617) 526-5000 MICHAEL A. JACOBS (CA SBN 111664) mjacobs@mofo.com RICHARD S.J. HUNG (CA SBN 197425) rhung@mofo.com MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: (415) 268-7000 Facsimile: (415) 268-7522 MARK D. SELWYN (CA SBN 244180) mark.selwyn@wilmerhale.com WILMER CUTLER PICKERING HALE AND DORR LLP 950 Page Mill Road Palo Alto, CA 94304 Telephone: (650) 858-6000 Facsimile: (650) 858-6100 Attorneys for Plaintiff and Counterclaim-Defendant Apple Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION APPLE INC., a California corporation, v. Plaintiff, SAMSUNG ELECTRONICS CO., LTD., a Korean corporation; SAMSUNG ELECTRONICS AMERICA, INC., a New York corporation; and SAMSUNG TELECOMMUNICATIONS AMERICA, LLC, a Delaware limited liability company, CASE NO. 12-cv-00630-LHK (PSG) DECLARATION OF CYNDI WHEELER REGARDING SAMSUNG’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL (DECLARATION OF SCOTT L. WATSON IN SUPPORT OF SAMSUNG’S OPPOSITION TO APPLE’S MOTION FOR PRELIMINARY INJUNCTION) Defendants. SAMSUNG ELECTRONICS CO., LTD., a Korean corporation; SAMSUNG ELECTRONICS AMERICA, INC., a New York corporation, and SAMSUNG TELECOMMUNICATIONS AMERICA, LLC, a Delaware limited liability company, v. Counterclaim-Plaintiffs, APPLE INC., a California corporation, Counterclaim-Defendant. WHEELER DECLARATION RE SAMSUNG’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL 12-CV-00630-LHK (PSG) I, Cyndi Wheeler, declare and state as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Gibson, Dunn & Crutcher LLP 1. I am an attorney at Apple Inc. (“Apple”). Pursuant to Local Rules 7-11 and 79-5, I submit this Declaration in connection with Defendants Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC’s (collectively, “Samsung”) Administrative Motion to file Documents Under Seal to confirm that certain supporting Exhibits to the Declaration of Scott L. Watson In Support of Samsung’s Opposition to Apple’s Motion for Preliminary Injunction (the “Watson Declaration”), are confidential and sealable. I have personal knowledge of the facts set forth in this Declaration and, if called as a witness, could and would competently testify to them under oath. 2. The requested relief is necessarily and narrowly tailored to protect the confidentiality of the information contained in the following exhibits to the Watson Declaration. 3. Exhibits B, C, and D to the Watson Declaration contain or otherwise reflect confidential, proprietary market research and analysis prepared by or for Apple, as well as internal analysis of such market research and analysis. Apple designated each of these documents as “HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY” under the Protective Order. These documents reflect Apple’s confidential business and marketing strategy, including information pertaining to confidential Apple customer surveys and the competitive landscape for mobile devices. Furthermore, these documents, and Exhibits C and D in particular, reveal Apple’s internal choices of what market research upon which it will rely or otherwise use, as well as its conclusions regarding the significance of such information. The business information contained in each of Exhibits B, C, and D was created at significant cost to Apple and could be used by Apple’s competitors to its disadvantage, particularly as it discusses Apple’s marketing strategy. It is Apple’s practice and policy to maintain the confidentiality of this information; Apple does not disclose or comment on even speculation about its business practices and market analysis. 4. Exhibit F to the Watson Declaration contains Apple’s confidential information about its sales and revenues regarding its iPhone products. Apple designated this document as “HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY” under the Protective Order, as it provides detailed, commercially sensitive, internal data regarding such sales and revenues. It is Apple’s practice and policy to maintain the confidentiality of the business information contained in Exhibit F, as it could WHEELER DECLARATION RE SAMSUNG’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL 12-cv-00630-LHK (PSG) 2 be used by Apple’s competitors to its disadvantage, particularly to the extent that such data reflects 1 2 3 4 5 Apple’s internal strategy regarding its product releases. 5. Exhibits B, C, D, and F to the Watson Declaration thus should remain under seal for the reasons articulated above. I declare under the penalty of perjury under the laws of the United States of America that the forgoing is true and correct to the best of my knowledge. 6 7 8 Dated: June 8, 2012 By: /s/ Cyndi Wheeler Cyndi Wheeler 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Gibson, Dunn & Crutcher LLP WHEELER DECLARATION RE SAMSUNG’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL 12-cv-00630-LHK (PSG) 3 1 2 3 4 5 6 7 8 9 CERTIFICATE OF SERVICE The undersigned hereby certifies that the foregoing document was filed electronically in compliance with Civil 5 Local Rule 5.4, and will be served on all counsel for Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC who have consented to electronic service in accordance with Civil Local Rule 5.4 via the Court's ECF system. Date: June 8, 2012 By: /s/ Mark Lyon H. Mark Lyon 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Gibson, Dunn & Crutcher LLP WHEELER DECLARATION RE SAMSUNG’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL 12-cv-00630-LHK (PSG)