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

Filing 1037

Declaration of CYNDI WHEELER in Support of #987 Administrative Motion to File Under Seal filed byApple Inc.. (Related document(s) #987 ) (Jacobs, Michael) (Filed on 6/5/2012)

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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]

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]

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Attorneys for Plaintiff and
Counterclaim-Defendant APPLE INC.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
APPLE INC., a California corporation,

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Plaintiff,
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,

Case No. 11-cv-01846-LHK (PSG)
DECLARATION OF CYNDI WHEELER
IN SUPPORT OF SAMSUNGS’S
ADMINISTRATIVE MOTION TO FILE
DOCUMENTS UNDER SEAL RE
SAMSUNG’S OPPOSITION TO
APPLE’S MOTION FOR ADVERSE
INFERENCE

Defendants.

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WHEELER DECL. ISO SAMSUNG’S MOT. TO FILE UNDER SEAL
CASE NO. 11-CV-01846-LHK (PSG)
sf-3154796

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I, CYNDI WHEELER, do 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 Documents Under Seal (Dkt. No. 987) pursuant to

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Local Rules 7-11 and 79-5. I have personal knowledge of the matters set forth below. If called as

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a witness I could and would testify competently as follows.

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2.

Exhibits 2 and 3 to the Declaration of Alex Binder in Support of Samsung’s

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Opposition to Apple’s Motion for Adverse Inference Jury Instruction (Dkt. No. 987-39) (“Binder

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Declaration”) are excerpts from Apple’s identifications of custodians, search terms, and document

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retention notices. These documents contain non-public Apple confidential information relating to

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Apple’s products, internal servers, the components in Apple’s products, Apple’s document

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collection and preservation procedures, and the individual employees involved with the claims at

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issue and Apple’s document collection efforts. This information could be used to Apple’s

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disadvantage by competitors if it were not filed under seal. These exhibits should be sealed in

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their entirety.

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3.

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

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processes, product development information, or confidential information about the structure of its

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internal corporate computer infrastructure. The above information is indicative of the way that

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Apple manages its business affairs and reveals highly confidential information regarding its

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business practices. If disclosed, the information in the materials described above could be used

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by Apple’s competitors to Apple’s disadvantage. The requested relief is necessary and narrowly

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tailored to protect the confidentiality of this information.

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I declare under penalty of perjury under the laws of the State of California that the

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foregoing is true and correct and that this Declaration was executed this 5th day of June, 2012 at

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Cupertino, California.

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/s/ Cyndi Wheeler
CYNDI WHEELER

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WHEELER DECL. ISO SAMSUNG’S MOT. TO FILE UNDER SEAL
CASE NO. 11-CV-01846-LHK (PSG)
sf-3154796

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ATTESTATION OF E-FILED SIGNATURE

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I, Michael A. Jacobs, 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 5, 2012

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WHEELER DECL. ISO SAMSUNG’S MOT. TO FILE UNDER SEAL
CASE NO. 11-CV-01846-LHK (PSG)
sf-3154796

/s/ Michael A. Jacobs
Michael A. Jacobs