Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
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Declaration of Cyndi Wheeler in Support of #978 Administrative Motion to File Under Seal filed byApple Inc.(a California corporation). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Proposed Order)(Related document(s) #978 ) (Bartlett, Jason) (Filed on 6/4/2012)
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HAROLD J. MCELHINNY (CA SBN 66781)
hmcelhinny@mofo.com
MICHAEL A. JACOBS (CA SBN 111664)
mjacobs@mofo.com
JENNIFER LEE TAYLOR (CA SBN 161368)
jtaylor@mofo.com
ALISON M. TUCHER (CA SBN 171363)
atucher@mofo.com
RICHARD S.J. HUNG (CA SBN 197425)
rhung@mofo.com
JASON R. BARTLETT (CA SBN 214530)
jasonbartlett@mofo.com
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: (415) 268-7000
Facsimile: (415) 268-7522
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WILLIAM F. LEE
william.lee@wilmerhale.com
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Telephone: (617) 526-6000
Facsimile: (617) 526-5000
MARK D. SELWYN (SBN 244180)
mark.selwyn@wilmerhale.com
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, California 94304
Telephone: (650) 858-6000
Facsimile: (650) 858-6100
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 MOTION FOR LEAVE TO
SEEK RECONSIDERATION
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-3153627
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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. 978) 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 Motion for Leave to Seek Reconsideration of the Court’s May 21, 2012
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Order (the “Motion”) and Exhibits 1, 3, 6-10, 12-14, and 16 to the Declaration of Thomas Watson
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in Support of the Motion (“Watson Declaration”) contain Apple-confidential information.
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Specifically:
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3.
Exhibit 1 to the Watson Declaration contains the confidential analysis of Apple’s
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expert Terry Musika and includes information from other highly confidential documents,
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including third party competitive market research studies. This exhibit should be sealed in its
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entirety.
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4.
Exhibit 3 to the Watson Declaration is an excerpt from the November 4, 2011
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deposition of Christopher Stringer. Mr. Stringer discusses specific details of an internal design
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model that is highly confidential and not available to the public. A proposed redacted version is
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attached as Exhibit 1.
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5.
Exhibits 6-9 to the Watson Declaration depict highly detailed photographs of
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Apple’s internal design model with scale and comparison information, none of which is available
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to the public. Proposed redacted versions of Exhibits 6, 7, and 8 to the Watson Declaration are
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attached as Exhibits 2, 3, and 4, respectively. Exhibit 9 consists of an extreme closeup providing
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considerably more detail than has been disclosed to the public, and should be sealed in its
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entirety. The Court previously addressed this issue (see, e.g., Order re Discovery Motions [Dkt.
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No. 673] at 25) and confirmed that Apple may maintain the confidentiality of photographs
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depicting details of mockups not disclosed in patent filings, including scale information, and the
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attached proposed redacted versions are consistent with de-designated versions of these same
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photographs that Apple has produced to Samsung under the Bates range APLNDC-X0000007496
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to 7527.
DECLARATION OF CYNDI WHEELER IN SUPPORT OF SAMSUNG’S MOTION TO FILE UNDER SEAL
CASE NO. 11-CV-01846-LHK
sf-3153627
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6.
Exhibit 10 to the Watson Declaration is an excerpt from the October 21, 2011
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deposition of Daniele de Iuliis. Mr. de Iuliis discusses and describes an internal Apple design
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model and specific details of that model that are not available to the public. A proposed redacted
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version is attached as Exhibit 5.
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7.
Exhibits 12 to 14 to the Watson Declaration are portions of unpublished patent
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applications. Unpublished patent applications are so highly confidential that courts recognize a
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heightened relevancy standard for their production, as the Court has acknowledged. (See, e.g.,
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Order Granting-in-Part Samsung’s Motions to Compel and to Enforce [Dkt No. 867] at 4-5)
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(discussing “clear congressional determination that a design patent application is entitled to a
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period of confidentiality” and “significant risk of competitive harm that could result from
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disclosure of [Apple’s] pending design patents). These exhibits should be sealed in their entirety.
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8.
Exhibit 16 to the Watson Declaration consists of the report of Apple’s expert Dr.
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Kent Van Liere. This is a survey-related report. The parties have stipulated that survey-related
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expert reports would be filed under seal in full and not on the public record. These documents
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contain confidential, proprietary research and analysis. This business information was created at
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a significant cost to Apple, and could be used by Apple's competitors to its disadvantage and
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should be under seal in its entirety.
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9.
The Motion should be sealed to the extent it refers to the exhibits above for the
same reasons.
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It is Apple’s policy not to disclose or describe its confidential business practices,
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design and development information, or confidential consumer research to third parties. The
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above information is indicative of the way that Apple manages its business affairs and reveals
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highly confidential information on its design process. If disclosed, the information in the
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materials described above could be used by Apple’s competitors to Apple’s disadvantage. The
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requested relief is necessary and narrowly tailored to protect the confidentiality of this
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information.
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11.
Apple does not maintain a claim of confidentiality on Exhibits 4, 5, 11, or 15 to the
Watson Declaration.
DECLARATION OF CYNDI WHEELER IN SUPPORT OF SAMSUNG’S MOTION TO FILE UNDER SEAL
CASE NO. 11-CV-01846-LHK
sf-3153627
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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 4th 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-3153627
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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 4, 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-3153627
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