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

Filing 1045

Declaration of Rosa Kim in Support of #1044 Administrative Motion to File Under Seal Samsung's Reply In Support of Motion For Clarification of May 4, 2012 Order, #986 Administrative Motion to File Under Seal filed bySamsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Attachments: #1 Proposed Order Granting Administrative Motions to File Documents Under Seal)(Related document(s) #1044 , #986 ) (Maroulis, Victoria) (Filed on 6/5/2012)

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Cal. Bar No. 170151)
 [e-mail]
50 California Street, 22nd Floor
 San Francisco, California 94111
Telephone: [phone]
 Facsimile: [phone]
 Kevin P.B. Johnson (Cal. Bar No. 177129)
[e-mail]
 Victoria F. Maroulis (Cal. Bar No. 202603)
[e-mail]
 555 Twin Dolphin Drive 5th Floor
Redwood Shores, California 94065
 Telephone: [phone]
Facsimile: [phone]

Michael T. Zeller (Cal. Bar No. 196417)
 [e-mail]
865 S. Figueroa St., 10th Floor
 Los Angeles, California 90017
Telephone: [phone]
 Facsimile: [phone]
 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 ROSA KIM 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.






02198.51855/4755965.1

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

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I, Rosa Kim, declare:

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1.

I am Legal Counsel at Samsung Electronics Co., Ltd.

I submit this Declaration in

3 support of Samsung's Administrative Motion to File Documents Under Seal, as well as Apple’s
4 Administrative Motion to File Under Seal (Dkt. No. 986).

I have personal knowledge of the facts

5 set forth in this Declaration and, if called as a witness, could and would competently testify to
6 them.
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2.

The requested relief is necessary to protect the confidentiality of information

8 contained in Exhibit A to the Declaration of Marc J. Pernick In Support of Apple's Opposition to
9 Samsung's Motion For Clarification ("Pernick Declaration"), Samsung's Reply In Support of
10 Motion For Clarification Regarding the Court's May 4, 2012 Order, as well as the supporting
11 declarations of Dr. Jeffrey Johnson ("Johnson Declaration") and Mark Tung ("Tung Declaration")
12 and exhibits thereto.
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3.

Exhibit A to the Pernick Declaration consists of excerpts from the expert report of

14 Dr. Ravin Balakrishnan.

This document contains discussion of Samsung source code, as well as

15 confidential business information regarding the operation of the accused Samsung devices. This
16 information is confidential and proprietary to Samsung, and could be used to its disadvantage by
17 competitors if it were not filed under seal.
18

4.

Exhibit 4 to the Tung Declaration consists of excerpts from the April 20, 2012

19 deposition transcript of Apple's infringement expert, Dr. Ravin Balakrishnan, which is designated
20 as HIGHLY CONFIDENTIAL — ATTORNEY'S EYES ONLY.

This document contains

21 discussion of Samsung source code, as well as confidential business information regarding the
22 operation of the accused Samsung devices. This information is confidential and proprietary to
23 Samsung, and could be used to its disadvantage by competitors if it were not filed under seal.
24

5.

The Johnson Declaration contains discussion of Samsung source code, as well as

25 confidential business information regarding the operation of the accused Samsung devices. This
26 information is confidential and proprietary to Samsung, and could be used to its disadvantage by
27 competitors if it were not filed under seal.
28

02198.51855/4755965.1

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

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I declare under penalty of perjury that the foregoing is true and correct. Executed in San
Francisco, California on June 5, 2012.
/s/ Rosa Ki4_.--Rosa Kim

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02198.51855/47559a

Case No. I I -cv-01846-LHK
-3DECLARATION OF ROSA KIM IN SUPPORT OF SAMSUNG'S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS UNDER SEAL