Elan Microelectronics Corporation v. Apple, Inc.

Filing 240

Administrative Motion to File Under Seal Apple Inc.'s Opposition to Elan Microelectronics Corp.'s Motion to Compel Apple Inc. to Produce Testing Tool filed by Apple, Inc.. (Attachments: # 1 Declaration, # 2 Proposed Order)(Greenblatt, Nathan) (Filed on 6/3/2011)

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MATTHEW D. POWERS (Bar No. 104795)
[e-mail]
JARED BOBROW (Bar No. 133712)
[e-mail]
SONAL N. MEHTA (Bar No. 222086)
[e-mail]
DEREK C. WALTER (Bar. No. 246322)
[e-mail]
NATHAN GREENBLATT (Bar No. 262279)
[e-mail]
WEIL, GOTSHAL & MANGES LLP
Silicon Valley Office
201 Redwood Shores Parkway
Redwood Shores, CA 94065
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant and Counterclaim Plaintiff
Apple Inc.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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ELAN MICROELECTRONICS
CORPORATION,

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Plaintiff and Counterclaim
Defendant,

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v.
APPLE INC.,
Defendant and Counterclaim
Plaintiff.

Case No. C-09-01531 RS (PSG)
DECLARATION OF NATHAN
GREENBLATT IN SUPPORT OF
ADMINISTRATIVE MOTION TO
FILE APPLE INC.’S OPPOSITION TO
ELAN MICROELECTRONICS
CORP.’S MOTION TO COMPEL
APPLE INC. TO PRODUCE TESTING
TOOL
JUDGE: Hon. Paul Singh Grewal

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DECLARATION OF NATHAN GREENBLATT IN SUPPORT
OF ADMINISTRATIVE MOTION TO FILE UNDER SEAL

Case No. C-09-01531 RS (PSG)

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I, Nathan Greenblatt, declare:

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I am an attorney with the law firm of Weil, Gotshal & Manges LLP, counsel of

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record for Defendant and Counter-Claimant Apple Inc. (“Apple”) in the above-captioned matter.

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I submit this declaration based on personal knowledge and following a reasonable investigation.

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If called upon as a witness, I could competently testify to the truth of each statement herein.

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1.

I have developed an understanding of the confidential nature of Apple’s testing

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tool at issue based on review of the Declaration of Dr. Wayne Westerman in Support of Apple’s

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Opposition to Elan Microelectronics Corp.’s Motion to Compel Apple Inc. to Produce Testing

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Tool, information received from Apple in-house counsel, and my experience as counsel for

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Apple.
2.

I prepared the redacted version of Apple Inc.’s Opposition to Elan

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Microelectronics Corp.’s Motion to Compel Apple Inc. to Produce Testing Tool (“Apple’s

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Opposition”).

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information regarding the operation of Apple’s products and Apple’s testing tool, as well as

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internal codenames, which could harm Apple if publicly disclosed.

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3.

Based on my review, the redacted portions contain confidential technical

I prepared the redacted version of the Declaration of Adrian Percer in Support of

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Apple Inc.’s Opposition to Elan Microelectronics Corp.’s Motion to Compel Apple Inc. to

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Produce Testing Tool (“Percer Declaration”). Based on my review, the redacted portions contain

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confidential information regarding the operation of Apple’s testing tool and the tool’s confidential

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name, which could harm Apple if publicly disclosed.

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4.

I have reviewed the Declaration of Wayne Westerman in Support of Apple Inc.’s

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Opposition to Elan Microelectronics Corp.’s Motion to Compel Apple Inc. to Produce Testing

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Tool (“Westerman Declaration”). Based on my review, the Westerman Declaration consists

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predominantly of confidential technical information regarding the operation of Apple’s testing

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tool and the tool’s confidential name which could harm Apple if publicly disclosed.

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5.

I have reviewed Exhibit 3 [April 29, 2011 ITC Final ID] to the Declaration of

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Derek Walter in Support of Apple Inc.’s Opposition to Elan Microelectronics Corp.’s Motion to

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Compel Apple Inc. to Produce Testing Tool (“Walter Declaration”). Based on my review, the
DECLARATION OF NATHAN GREENBLATT IN SUPPORT
OF ADMINISTRATIVE MOTION TO FILE UNDER SEAL

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Case No. C-09-01531 RS (PSG)

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exhibit consists predominantly of confidential technical information regarding the operation of

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Apple’s products which could harm Apple if publicly disclosed.

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6.

I have reviewed Exhibit 4 [Elan’s ITC Petition for Review] to the Walter

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Declaration Based on my review, the exhibit consists predominantly of confidential technical

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information regarding the operation of Apple’s products which could harm Apple if publicly

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disclosed.

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7.

I have reviewed Exhibit 5 [Mar. 4, 2011 Apple ITC Posthearing Br.] to the

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Declaration of Derek Walter in Support of Apple Inc.’s Opposition to Elan Microelectronics

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Corp.’s Motion to Compel Apple Inc. to Produce Testing Tool (“Walter Declaration”). Based on

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my review, the redacted portions contain confidential technical information regarding the

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operation of Apple’s products which could harm Apple if publicly disclosed.

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8.

I have reviewed Exhibit 6 [Mar. 18, 2011 Elan ITC Posthearing Reply Br.] to the

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Walter Declaration. Based on my review, the exhibit consists predominantly of confidential

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technical information regarding the operation of Apple’s products which could harm Apple if

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publicly disclosed.

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9.

I have reviewed Exhibit 7 [ITC Trial Transcript] to the Walter Declaration. Based

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on my review, the exhibit consists predominantly of confidential technical information regarding

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the operation of Apple’s products which could harm Apple if publicly disclosed.

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10.

I have reviewed Exhibit 8 [Mar. 4, 2011 Elan ITC Posthearing Br.] to the Walter

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Declaration. Based on my review, the exhibit consists predominantly of confidential technical

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information regarding the operation of Apple’s products which could harm Apple if publicly

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disclosed.

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11.

I have reviewed Exhibit 9 [APEL0397519] to the Walter Declaration. Based on

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my review, the exhibit consists predominantly of confidential technical information regarding the

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operation of Apple’s products which could harm Apple if publicly disclosed.

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12.

I have reviewed Exhibit 10 [APEL0399166] to the Walter Declaration. Based on

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my review, the exhibit consists predominantly of confidential technical information regarding the

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operation of Apple’s products which could harm Apple if publicly disclosed.
DECLARATION OF NATHAN GREENBLATT IN SUPPORT
OF ADMINISTRATIVE MOTION TO FILE UNDER SEAL

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Case No. C-09-01531 RS (PSG)

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13.

I have reviewed Exhibit 11 [APEL1164016] to the Walter Declaration. Based on

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my review, the exhibit consists predominantly of confidential technical information regarding the

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operation of Apple’s products and Apple’s testing tool which could harm Apple if publicly

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disclosed.

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14.

I have reviewed Exhibit 12 [APEL1164012] to the Walter Declaration. Based on

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my review, the exhibit consists predominantly of confidential names of Apple’s testing tool

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which could harm Apple if publicly disclosed.

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I have reviewed Exhibit 13 [APEL1164014] to the Walter Declaration. Based on

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my review, the exhibit consists predominantly of confidential technical information regarding the

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operation of names of Apple’s products, and the confidential name of Apple’s testing tool which

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could harm Apple if publicly disclosed.

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I declare under the penalty of perjury under the laws of the United States of
America that the foregoing is true and correct.
Executed on June 3, 2011, at Redwood Shores, California.

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/s/ Nathan Greenblatt
Nathan Greenblatt

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DECLARATION OF NATHAN GREENBLATT IN SUPPORT
OF ADMINISTRATIVE MOTION TO FILE UNDER SEAL

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Case No. C-09-01531 RS (PSG)