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

Filing 1008

Declaration of Ketan Patel in Support of #1007 Samsung's Administrative Motion to File Under Seal Its Opposition to Apple's Motion for Summary Judgment and Documents in Support Thereto filed by Samsung Electronics America, Inc.. (Maroulis, Victoria) (Filed on 6/1/2012) Modified on 6/4/2012 linking entry to document #1007 (dhm, COURT STAFF).

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Bar No. 170151)
2 [e-mail]
50 California Street, 22nd Floor
3 San Francisco, California 94111
Telephone: [phone]
4 Facsimile: [phone]
5 Kevin P.B. Johnson (Bar No. 177129)
[e-mail]
6 Victoria F. Maroulis (Bar No. 202603)
[e-mail]
555 Twin Dolphin Drive, 5th Floor
7
Redwood Shores, California 94065-2139
8 Telephone: [phone]
Facsimile: [phone]
9
Michael T. Zeller (Bar No. 196417)
10 [e-mail]
865 S. Figueroa St., 10th Floor
11 Los Angeles, California 90017
Telephone: [phone]
12 Facsimile: [phone]
13 Attorneys for SAMSUNG ELECTRONICS CO.,
LTD., SAMSUNG ELECTRONICS AMERICA,
14 INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

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19 APPLE INC., a California corporation,

CASE NO. 11-cv-01846-LHK

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DECLARATION OF KETAN PATEL IN
SUPPORT OF SAMSUNG’S
ADMINISTRATIVE MOTION TO FILE
DOCUMENTS UNDER SEAL,
PURSUANT TO LOCAL RULE 79-5(d)

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Plaintiff,
vs.

22 SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity; SAMSUNG
23 ELECTRONICS AMERICA, INC., a New
York corporation; SAMSUNG
24 TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,
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Defendants.
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02198.51845/4784109.1

Case No. 11-cv-01846-LHK
DECLARATION OF KETAN PATEL IN SUPPORT OF SAMSUNG’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS UNDER SEAL

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Pursuant to Civil L.R. 79-5(d), Defendants Samsung Electronics Co., Ltd., Samsung

2 Electronics America, Inc., and Samsung Telecommunications America, LLC (collectively,
3 “Samsung”) submit the appended declaration of Ketan Patel in Support of Apple’s Administrative
4 Motion to File Documents Under Seal to establish that the following are sealable:
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•

The confidential, unredacted version of Samsung’s Opposition to Apple’s Motion For

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Summary Judgment of Non-Infringement of U.S. Patent Number 7,362,867 and

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Invalidity of U.S. Patent Numbers 7,456,893 and 7,577,460;

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•

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The confidential, unredacted version of the Declaration of Richard D. Wesel, Ph.D. in
Support of Samsung’s Opposition to Apple Apple’s Motion For Summary Judgment of

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Non-Infringement of U.S. Patent Number 7,362,867 and Invalidity of U.S. Patent

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Numbers 7,456,893 and 7,577,460;

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•

Exhibits I-K and M-O to the Wesel Declaration.

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DECLARATION OF KETAN PATEL

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I, Ketan Patel, do hereby declare as follows:

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1.

I am an associate at Quinn Emanuel Urquhart & Sullivan LLP, counsel for

16 Samsung. I submit this Declaration in support of Samsung’s Administrative Motion to File
17 Documents Under Seal. I have personal knowledge of the facts set forth in this Declaration and, if
18 called as a witness, could and would competently testify to them.
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2.

The Wesel Declaration has been designated HIGHLY CONFIDENTIAL —

20 ATTORNEYS’ EYES ONLY and contains confidential information of third parties, such as Intel
21 Corporation, including references to product specification for and source code implemented in
22 Intel’s X-GOLDTM 608 and 61X broadband processors and the confidential depositions of Dr.
23 Richard D. Wesel, Ph.D. and Dr. Wayne Stark, Ph.D. This information is confidential and
24 proprietary, and could be used by competitors to the detriment of third parties if not filed under
25 seal.
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3.

Exhibit I to the Wesel Declaration is a copy of the Product Specification for the

27 Intel/Infineon X-GOLDTM 61X broadband processor. This document, which has been designated
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02198.51845/4784109.1

Case No. 11-cv-01846-LHK
-2DECLARATION OF KETAN PATEL IN SUPPORT OF SAMSUNG’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS UNDER SEAL

1 HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY, contains confidential information
2 of third parties, such as Intel Corporation, which were produced by Intel pursuant to the protective
3 order in this litigation. This information is confidential and proprietary, and could be used by
4 competitors to the detriment of third parties if not filed under seal.
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4.

Exhibit J to the Wesel Declaration is a copy of the Product Specification for the

6 Intel/Infineon X-GOLDTM 608 HEDGE Baseband Chip. This document, which has been
7 designated HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY, contains confidential
8 information of third parties, such as Intel Corporation, which were produced by Intel pursuant to
9 the protective order in this litigation. This information is confidential and proprietary, and could
10 be used by competitors to the detriment of third parties if not filed under seal.
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5.

Exhibit K to the Wesel Declaration is a copy of an Intel/Infineon document entitled

12 “3G Scrambling Codes (25.211)” describing Intel’s analysis of the 3GPP Standard. This
13 document, which has been designated HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES
14 ONLY, contains confidential information of third parties, such as Intel Corporation, which were
15 produced by Intel pursuant to the protective order in this litigation. This information is
16 confidential and proprietary, and could be used by competitors to the detriment of third parties if
17 not filed under seal.
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6.

Exhibit M to the Wesel Declaration is an excerpt of the deposition transcript of

19 Jason Shi. This document, which has been designated HIGHLY CONFIDENTIAL —
20 ATTORNEYS’ EYES ONLY, contains sensitive commercial information regarding the operation
21 of the accused Apple products’ baseband processors, as well as software installed on the accused
22 products. This information is confidential and proprietary, and could be used by competitors to
23 the detriment of Apple and third parties if not filed under seal.
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7.

Exhibit N to the Wesel Declaration is an excerpt of the deposition transcript of

25 Markus Paltian. This document, which has been designated HIGHLY CONFIDENTIAL —
26 ATTORNEYS’ EYES ONLY, contains confidential information of third parties, such as Intel
27 Corporation, which was produced by Intel pursuant to the protective order in this litigation. This
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02198.51845/4784109.1

Case No. 11-cv-01846-LHK
-3DECLARATION OF KETAN PATEL IN SUPPORT OF SAMSUNG’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS UNDER SEAL

1 document also contains sensitive commercial information regarding the operation of Intel’s
2 baseband processors, as well as software installed on the accused products. This information is
3 confidential and proprietary, and could be used by competitors to the detriment of third parties if
4 not filed under seal.
5

8.

Exhibit O to the Wesel Declaration is an excerpt of the deposition transcript of

6 Andre Zorn. This document, which has been designated HIGHLY CONFIDENTIAL —
7 ATTORNEYS’ EYES ONLY, contains confidential information of third parties, such as Intel
8 Corporation, which was produced by Intel pursuant to the protective order in this litigation. This
9 document also contains sensitive commercial information regarding the operation of Intel’s
10 baseband processors, as well as software installed on the accused products. This information is
11 confidential and proprietary, and could be used by competitors to the detriment of third parties if
12 not filed under seal.
13

9.

Samsung’s Opposition to Apple’s Motion For Summary Judgment summarizes,

14 describes and/or directly cites to the confidential Wesel Declaration and the confidential exhibits
15 discussed in paragraphs 2 through 8 above. Therefore, the Motion should remain under seal for
16 the same reasons articulated above.
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10.

The requested relief is necessary and narrowly tailored to protect this confidential

18 information.
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I declare under penalty of perjury that the forgoing is true and correct to the best of my

21 knowledge.
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Executed this 31st day of May, 2012, in New York, NY.

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/s/ Ketan Patel
Ketan Patel

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02198.51845/4784109.1

Case No. 11-cv-01846-LHK
-4DECLARATION OF KETAN PATEL IN SUPPORT OF SAMSUNG’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS UNDER SEAL

1 General Order 45 Attestation
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I, Victoria F. Maroulis, am the EF user whose ID and password are being used to file this

3 Declaration. In compliance with General Order 45(X)(B), I hereby attest that Ketan Patel has
4 concurred in this filing.
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/s/ Victoria Maroulis
Victoria Maroulis

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02198.51845/4784109.1

Case No. 11-cv-01846-LHK
-5DECLARATION OF KETAN PATEL IN SUPPORT OF SAMSUNG’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS UNDER SEAL