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

Filing 1016

Declaration in Support of #999 Administrative Motion to File Under Seal Declaration of Hankil Kang In Support of Samsung's Administrative Motion to File Documents Under Seal filed bySamsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Related document(s) #999 ) (Maroulis, Victoria) (Filed on 6/1/2012)

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1 QUINN EMANUEL URQUHART & SULLIVAN, LLP Charles K. Verhoeven (Cal. Bar No. 170151)  charlesverhoeven@quinnemanuel.com 50 California Street, 22nd Floor  San Francisco, California 94111 Telephone: (415) 875-6600  Facsimile: (415) 875-6700  Kevin P.B. Johnson (Cal. Bar No. 177129) kevinjohnson@quinnemanuel.com  Victoria F. Maroulis (Cal. Bar No. 202603) victoriamaroulis@quinnemanuel.com  555 Twin Dolphin Drive 5th Floor Redwood Shores, California 94065  Telephone: (650) 801-5000 Facsimile: (650) 801-5100  Michael T. Zeller (Cal. Bar No. 196417)  michaelzeller@quinnemanuel.com 865 S. Figueroa St., 10th Floor  Los Angeles, California 90017 Telephone: (213) 443-3000  Facsimile: (213) 443-3100  Attorneys for SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS  AMERICA, INC. and SAMSUNG TELECOMMUNICATIONS AMERICA, LLC   UNITED STATES DISTRICT COURT  NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION  APPLE INC., a California corporation, CASE NO. 11-cv-01846-LHK  DECLARATION OF HANKIL KANG IN SUPPORT OF SAMSUNG'S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL  Plaintiff, vs.  SAMSUNG ELECTRONICS CO., LTD., a Korean business entity; SAMSUNG  ELECTRONICS AMERICA, INC., a New York corporation; SAMSUNG  TELECOMMUNICATIONS AMERICA, LLC, a Delaware limited liability company,  Defendants.      Case No. 11-cv-01846-LHK SAMSUNG’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL 1 I Hankil Kang, declare: 2 1. I am Legal Counsel at Samsung Electronics Co., Ltd. ("SEC"). I submit 3 this declaration in support of Samsung's Administrative Motion to File Documents Under Seal, 4 filed by SEC, Samsung Electronics America, Inc. ("SEA") and Samsung Telecommunications 5 America, LLC ("STA") (collectively, "Samsung"). 6 2. The requested relief is necessary to protect the confidentiality of 7 information contained in Samsung's Oppositions to (1) Apple's Motion to Exclude Expert 8 Testimony of Samsung's Experts ("Motion to Exclude") and (2) Apple's Motion to Strike Portions 9 of Samsung's Expert Reports. ("Motion to Strike"), and associated documents, declarations and 10 exhibits. 11 3. Exhibit D to Joby Martin's Declaration in Support of Samsung's Opposition 12 to Apple's Motion to Exclude is the Expert Report of Sam Lucente. This document contains 13 confidential business research that underlies Samsung's user interface designs and could have 14 applications to future products. This information could be used to Samsung's detriment if it is 15 made public. 16 4. Exhibit E to Joby Martin's Declaration in Support of Samsung's Opposition 17 to Apple's Motion to Exclude is the deposition transcript of Sam Lucente. This document contains 18 confidential business research that underlies Samsung's user interface designs and could have 19 applications to future products. This information could be used to Samsung's detriment if it is 20 made public. 21 5. Exhibit F to Joby Martin's Declaration in Support of Samsung's Opposition 22 to Apple's Motion to Exclude is the Corrected Rebuttal Report of Sam Lucente. This document 23 contains confidential business research that underlies Samsung's user interface designs and could 24 have applications to future products. This information could be used to Samsung's detriment if it 25 is made public. 26 6. On April 27, 2012, Samsung took the deposition of Dr. Susan Kare in this 27 case. The transcript of that deposition is Exhibit G to Joby Martin's Declaration in Support of 28 Samsung's Opposition to Apple's Motion to Exclude. The deposition transcript references Case No. 11-cv-01846-LHK -1SAMSUNG’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL 1 Samsung's user interface, and the Expert Report of Sam Lucente and therefore contains 2 confidential business research that underlies Samsung's user interface designs and could have 3 applications to future products. This information could be used to Samsung's detriment if it is 4 made public. 5 7. Exhibit O to Joby Martin's Declaration in Support of Samsung's Opposition 6 to Apple's Motion to Exclude is the Expert Report of Michael J. Wagner. This document 7 contains non-public, confidential financial information and describes Samsung's profits and losses. 8 Samsung's financial information is highly confidential to it and could be used by competitors to 9 Samsung's disadvantage if it is made public. 10 8. Exhibit Q to Joby Martin's Declaration in Support of Samsung's Opposition 11 to Apple's Motion to Exclude is a copy of excerpts from "J.D. Power and Associates: 2011 12 Wireless Smartphone Satisfaction Study(SM) – Management Report" bearing Bates 13 SAMNDCA10246338, and SAMNDCA10246383-90. This document contains non-public 14 competition research that could be used by Samsung's competitors to Samsung's detriment. It has 15 been marked HIGHLY CONFIDENTIAL – ATTORNEY'S EYES ONLY, and should be sealed. 16 9. Exhibit B to James Ward's Declaration in Support of Samsung's Opposition 17 to Apple's Motion to Strike is a copy of the Expert Report of Stephen Gray Regarding Invalidity of 18 U.S. Patent Nos. 7,884,915 and 7,864,163. This document, which has been designated HIGHLY 19 CONFIDENTIAL — ATTORNEYS’ EYES ONLY, contains confidential information of third 20 parties, such as Mitsubishi Electronics Research Laboratories, including the source code 21 implemented in the DiamondTouch System. This information is confidential and proprietary, 22 and could be used by competitors to the detriment of third parties if not filed under seal. 23 10. On March 9, 2012, Apple took the deposition of Adam Bogue in the case of 24 In the Matter of Certain Portable Electronic Devices and Related Software Inv. No. 337-TA-797. 25 The transcript of that deposition is Exhibit C to James Ward's Declaration in Support of Samsung's 26 Opposition to Apple's Motion to Strike. The deposition transcript contains highly sensitive 27 commercial information concerning the design and development of MERL products. This 28 Case No. 11-cv-01846-LHK -2SAMSUNG’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL 1 information is confidential and proprietary to MERL and could be used to its disadvantage if it 2 were not filed under seal. 3 11. On March 8, 2012, Apple took the deposition of Clifton Forlines in the case 4 of In the Matter of Certain Portable Electronic Devices and Related Software Inv. No. 337-TA5 797. The transcript of that deposition is Exhibit D to James Ward's Declaration in Support of 6 Samsung's Opposition to Apple's Motion to Strike. The deposition transcript contains highly 7 sensitive commercial information concerning the design and development of HTC products. 8 This information is confidential and proprietary to HTC and could be used to its disadvantage if it 9 were not filed under seal. 10 12. Exhibit E to James Ward's Declaration in Support of Samsung's Opposition 11 to Apple's Motion to Strike is MERL's non-public confidential source code. This information is 12 highly sensitive and could be used to MERL's disadvantage if it were not filed under seal. 13 13. Exhibit M to James Ward's Declaration in Support of Samsung's Opposition 14 to Apple's Motion to Strike is the Expert Report of Jeffrey Johnson. This document contains 15 confidential Samsung and third-party information concerning how the firmware operates on the 16 accused Samsung devices. This information is highly sensitive and could be used to the 17 disadvantage of Samsung and third parties if it were not filed under seal. 18 14. On April 26, 2012 Apple took the deposition of Dr. Jeffery Johnson in this 19 case. The transcript of that deposition is Exhibit Q to James Ward's Declaration in Support of 20 Samsung's Opposition to Apple's Motion to Strike. The transcript contains information regarding 21 the internal operation of Samsung's gallery application, internal operation of Samsung's design – 22 arounds and confidential emails created during the design and development of the accused 23 products. This information could be used to Samsung's disadvantage if it were not filed under 24 seal. 25 15. Ex. S to James Ward's Declaration in Support of Samsung's Opposition to 26 Apple's Motion to Strike is the Rebuttal Expert Report of Mr. Stephen Gray. This document, 27 which has been designated HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY, 28 contains confidential information of third parties, such as Mitsubishi Electronics Research Case No. 11-cv-01846-LHK -3SAMSUNG’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL 1 Laboratories, including the source code implemented in the DiamondTouch System. This 2 information is confidential and proprietary, and could be used by competitors to the detriment of 3 third parties if not filed under seal. 4 16. Exhibit U to James Ward's Declaration in Support of Samsung's Opposition 5 to Apple's Motion to Strike is the Rebuttal Expert Report of Stephen Gray. This report discusses 6 the operation of highly confidential Samsung source code and contains excerpts from testimony 7 discussing the same. This information could be used to Samsung's disadvantage if it were not 8 filed under seal. 9 17. Exhibit BB to James Ward's Declaration in Support of Samsung's 10 Opposition to Apple's Motion to Strike is the Expert Report of Dr. Tim A. Williams. This 11 document contains Apple confidential information, and has been marked HIGHLY 12 CONFIDENTIAL – ATTORNEY'S EYES ONLY. Samsung expects Apple will file the 13 declaration required by Local Rule 79-5(d) to establish this document as sealable. 14 18. Exhibit DD to James Ward's Declaration in Support of Samsung's 15 Opposition to Apple's Motion to Strike is a copy of excerpts from the May 12, 2012 deposition of 16 Michael J. Wagner. This document contains non-public, confidential financial information and 17 describes Samsung's profits and losses. Samsung's financial information is highly confidential to 18 it and could be used by competitors to Samsung's disadvantage if it is made public. 19 19. Exhibit EE to James Ward's Declaration in Support of Samsung's 20 Opposition to Apple's Motion to Strike is the Expert Report of Michael J. Wagner. This 21 document contains non-public, confidential financial information and describes Samsung's profits 22 and losses. Samsung's financial information is highly confidential to it and could be used by 23 competitors to Samsung's disadvantage if it is made public. 24 20. Exhibit FF to James Ward's Declaration in Support of Samsung's 25 Opposition to Apple' Motion to Strike is the Expert Report of Terry L. Musika. This document 26 contains non-public, confidential financial information and describes Samsung's profits and losses. 27 Samsung's financial information is highly confidential to it and could be used by competitors to 28 Samsung's disadvantage if it is made public. Case No. 11-cv-01846-LHK -4SAMSUNG’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL 1 21. Exhibit 1 to Joby Martin's Declaration in Support of Samsung's Opposition 2 to Apple's Motion to Strike is a March 11, 2012 letter from Apple's counsel to Samsung's counsel. 3 This document contains sensitive commercial information regarding Samsung's financial 4 documents, the internal structure and organization of Samsung groups and departments, and the 5 development of the accused products. It has been marked HIGHLY CONFIDENTIAL – 6 ATTORNEY'S EYES ONLY, and should be sealed. 7 22. Exhibit 3 to Joby Martin's Declaration in Support of Samsung's Opposition 8 to Apple's Motion to Strike is Respondent Samsung Electronics Co., Ltd.'s Eighth Set of 9 Supplemental Responses to Complainant's First Set of Interrogatories. This document contains 10 Apple confidential business information, and has been marked HIGHLY CONFIDENTIAL – 11 ATTORNEY'S EYES ONLY. Samsung expects Apple will file the declaration required by 12 Local Rule 79-5(d) to establish this document as sealable. 13 23. Exhibit 4 to Joby Martin's Declaration in Support of Samsung's Opposition 14 to Apple's Motion to Strike is Samsungs Amended and Supplemental Initial Disclosures Pursuant 15 to Fed R. Civ. P 26(a)(1). 16 numerous employees. This document contains the identity of Samsung's custodians and This information reflects the design and development of Samsung's 17 internal, confidential, business organization, practices and procedures and could be used to 18 Samsung's detriment if made public. It has been marked HIGHLY CONFIDENTIAL – 19 ATTORNEY'S EYES ONLY, and should be sealed. 20 24. Exhibit 5 to Joby Martin's Declaration in Support of Samsung's Opposition 21 to Apple's Motion to Strike is Samsung's Initial Disclosures Pursuant to Red. R. Civ. P. 26(a)(1). 22 This document contains the identity of Samsung's custodians and numerous employees. This 23 information reflects the design and development of Samsung's internal, confidential, business 24 organization, practices and procedures and could be used to Samsung's detriment if made public. 25 25. Exhibit 6 to Joby Martin's Declaration in Support of Samsung's Opposition 26 to Apple's Motion to Strike is a copy of excerpts from the February 29, 2012 deposition transcript 27 of Hyoung-Shin Park. This document contains sensitive commercial information regarding the 28 design and development of Samsung products, and could be used to Samsung's detriment if made Case No. 11-cv-01846-LHK -5SAMSUNG’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL 1 public. It has been marked HIGHLY CONFIDENTIAL – ATTORNEY'S EYES ONLY, and 2 should be sealed.. 3 26. Exhibit 7 to Joby Martin's Declaration in Support of Samsung's Opposition 4 to Apple's Motion to Strike is a November 1, 2011 letter from Samsung's counsel to Apple's 5 counsel. This letter quotes from documents that Apple has marked HIGHLY CONFIDENTIAL 6 – ATTORNEY'S EYES ONLY. Samsung expects Apple will file the declaration required by 7 Local Rule 79-5(d) to establish this document as sealable. 8 27. Exhibit 8 to Joby Martin's Declaration in Support of Samsung's Opposition 9 to Apple's Motion to Strike is a November 8, 2011 letter from Samsung's counsel to Apple's 10 counsel. This letter quotes from documents that Apple has marked HIGHLY CONFIDENTIAL 11 – ATTORNEY'S EYES ONLY. Samsung expects Apple will file the declaration required by 12 Local Rule 79-5(d) to establish this document as sealable. 13 I declare under penalty of perjury that the foregoing is true and correct. Executed 14 in Seoul, Korea May 31, 2012. 15 16 17 18 QUINN EMANUEL URQUHART & SULLIVAN, LLP 19 20 By /s/ Hankil Kang Hankil Kang 21 22 23 24 25 26 27 28 Case No. 11-cv-01846-LHK -6SAMSUNG’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL

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