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

Filing 1029

Declaration of Cyndi Wheeler in Support of #977 Administrative Motion to File Under Seal filed byApple Inc.(a California corporation). (Attachments: #1 Proposed Order [Proposed] Order Granting Samsung's Administrative Motion to File Documents Under Seal re Samsung's Opposition to Apple's Motion for Entry of Preliminary Injunction)(Related document(s) #977 ) (Bartlett, Jason) (Filed on 6/1/2012)

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HAROLD J. MCELHINNY (CA SBN 66781)
[e-mail]
MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
JENNIFER LEE TAYLOR (CA SBN 161368)
[e-mail]
ALISON M. TUCHER (CA SBN 171363)
[e-mail]
RICHARD S.J. HUNG (CA SBN 197425)
[e-mail]
JASON R. BARTLETT (CA SBN 214530)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: [phone]

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WILLIAM F. LEE
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Telephone: [phone]
Facsimile: [phone]
MARK D. SELWYN (SBN 244180)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]

Attorneys for Plaintiff and
Counterclaim-Defendant APPLE INC.

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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APPLE INC., a California corporation,
Plaintiff,

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v.
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,

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Case No. 11-cv-01846-LHK
DECLARATION OF CYNDI WHEELER IN
SUPPORT OF SAMSUNG’S
ADMINISTRATIVE MOTION TO FILE
DOCUMENTS UNDER SEAL RE
SAMSUNG’S OPPOSITION TO APPLE’S
MOTION FOR ENTRY OF PRELIMINARY
INJUNCTION

Defendants.

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DECLARATION OF CYNDI WHEELER IN SUPPORT OF SAMSUNG’S MOTION TO FILE UNDER SEAL
CASE NO. 11-CV-01846-LHK
sf-3153036

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I, Cyndi Wheeler, hereby declare as follows:

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1.

I am an attorney for Apple Inc. (“Apple”). I submit this declaration in support of

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Samsung’s Administrative Motion to File Under Seal (Dkt. No. 977) pursuant to Local Rules 7-

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11 and 79-5. I have personal knowledge of the matters set forth below. If called as a witness I

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could and would competently testify as follows.

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2.

Samsung’s Opposition to Apple’s Motion Pursuant to Rule 62(c) for Entry of

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Preliminary Injunction Without Further Hearing (the “Opposition”) and Exhibits 1 and 2 to the

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Declaration of Carl Anderson in Support of the Opposition contain Apple-confidential

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information.

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3.

Exhibit 1 contains the confidential analysis of Apple’s expert Terry Musika and

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includes information from other highly confidential documents, including third party competitive

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market research studies. Exhibit 2 consists of highly confidential competitive market research

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information. These exhibits should be sealed in their entirety.

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4.

The Opposition refers to specific information from these documents, in particular

in the final sentence of footnote 4 on page 8, and should be redacted to that extent.
5.

It is Apple’s policy not to disclose or describe its confidential financial

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information, business practices, or competitive research to third parties. The above information is

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indicative of the way that Apple manages its business affairs and reveals highly confidential

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information on the competitive marketplace. If disclosed, the information in the materials

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described above could be used by Apple’s competitors to Apple’s disadvantage. The requested

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relief is necessary and narrowly tailored to protect the confidentiality of this information.

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I declare under penalty of perjury under the laws of the United States of America that the

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foregoing is true and correct to the best of my knowledge. Executed this 1st day of June, 2012, in

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Cupertino, California.

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/s/ Cyndi Wheeler
Cyndi Wheeler

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DECLARATION OF CYNDI WHEELER IN SUPPORT OF SAMSUNG’S MOTION TO FILE UNDER SEAL
CASE NO. 11-CV-01846-LHK
sf-3153036

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ATTESTATION OF E-FILED SIGNATURE
I, Jason R. Bartlett, am the ECF User whose ID and password are being used to file this

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Declaration. In compliance with General Order 45, X.B., I hereby attest that Cyndi Wheeler has

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concurred in this filing.

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Dated: June 1, 2012

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By:

/s/ Jason R. Bartlett
Jason R. Bartlett

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DECLARATION OF CYNDI WHEELER IN SUPPORT OF SAMSUNG’S MOTION TO FILE UNDER SEAL
CASE NO. 11-CV-01846-LHK
sf-3153036

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