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

Filing 1064

Declaration of Joby Martin in Support of #997 Administrative Motion to File Under Seal Document Under Seal Re Apples Opposition To Samsungs Motion For Summary Judgment, #1004 Administrative Motion to File Under Seal Documents Under Seal Re Apples Opposition To Samsungs Motion For Summary Judgment, #991 Administrative Motion to File Under Seal Documents Re Apples Opposition To Samsungs Motion To Exclude Opinions Of Certain Of Apple Experts, #1035 Administrative Motion to File Under Seal CORRECTION OF DOCKET #1033 , #1033 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 Apple's Administrative Motion to File Documents Under Seal)(Related document(s) #997 , #1004 , #991 , #1035 , #1033 ) (Maroulis, Victoria) (Filed on 6/8/2012)

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Bar No. 170151)
 [e-mail]
50 California Street, 22nd Floor
 San Francisco, California 94111
Telephone: [phone]
 Facsimile: [phone]
 Kevin P.B. Johnson (Bar No. 177129)
[e-mail]
 Victoria F. Maroulis (Bar No. 202603)
[e-mail]
th
 555 Twin Dolphin Drive, 5 Floor
Redwood Shores, California 94065-2139
 Telephone: [phone]
Facsimile: [phone]

Michael T. Zeller (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 JOBY MARTIN IN
SUPPORT OF APPLE'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,

Defendant.





Case No. 11-cv-01846-LHK
DECLARATION OF JOBY MARTIN

1

Pursuant to Civil L.R. 79-5(d), Defendants Samsung Electronics Co., Ltd., Samsung

 Electronics America, Inc., and Samsung Telecommunications America, LLC (collectively
 “Samsung”) submit the appended declaration of Joby Martin in support of Apple's Administrative
 Motions to File Documents Under Seal (Dkt. Nos. 991, 997, 1004 and 1035), to establish that the
 following are sealable:


•

Exhibits C – J, N – R, V, and X to the Declaration of Terry L. Musika, CPA in Support



of Apple’s Opposition to Samsung’s Motion to Exclude Opinions of Certain of Apple’s



Experts (“Musika Declaration”);



•

Exhibits H, and I to the Declaration of Mia Mazza in Support of Apple’s Opposition to



Samsung’s Motion to Exclude Opinions of Certain of Apple’s Experts (“Mazza



Declaration”);



•




Summary Judgment;
•




The confidential, unredacted version of Apple's Opposition to Samsung's Motion For

Exhibit A to the Declaration of Janusz A. Ordover, Ph.D. in Support of Apple’s
Opposition to Samsung’s Motion for Summary Judgment (“Ordover Declaration”); and

•



The confidential, unredacted version of Apple’s Opposition to Samsung’s Motion for
Leave to File Motion for Reconsideration.



DECLARATION OF JOBY MARTIN



I, Joby Martin, do hereby declare as follows:



1.

I am an associate in the law firm of Quinn Emanuel Urquhart & Sullivan, LLP,

 counsel for Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung
 Telecommunications America, LLC (collectively, “Samsung”). I submit this declaration in
 support of Apple's Administrative Motions to File Documents Under Seal. I have personal
 knowledge of the facts set forth in this declaration and, if called upon as a witness, I could and
 would testify to such facts under oath.


2.

Exhibits C, D and E to the Musika Declaration consists of excerpts from the

 deposition transcripts of Samsung executives Justin Denison, Todd Pendleton, and Dale Sohn.
 These documents, which have been designated HIGHLY CONFIDENTIAL-ATTORNEYS’


Case No. 11-cv-01846-LHK
DECLARATION OF JOBY MARTIN

1 EYES ONLY under the protective order, contain sensitive commercial information regarding
2 Samsung's sales and marketing strategies in the United States, Samsung's market share and sales
3 performance, and discuss the contents of confidential financial documents generated internally at
4 Samsung. This information is confidential and proprietary to Samsung, and could be used to its
5 disadvantage by competitors if these documents were not filed under seal.
6

3.

Exhibit F to the Musika Declaration is a document produced by Samsung in this

7 litigation bearing Bates label SAMNDCA11547401. This document, which has been designated
8 HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY under the protective order, contains
9 confidential business information concerning Samsung's competitive situation in the United States
10 smartphone market, and Samsung's internal evaluation of developments in that market. This
11 information is confidential and proprietary to Samsung, and could be used to its disadvantage by
12 competitors if this document was not filed under seal.
13

4.

Exhibit G to the Musika Declaration is a document produced by Samsung in this

14 litigation bearing Bates label SAMNDCA10375640. This document, which has been designated
15 HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY under the protective order, contains
16 confidential business information concerning Samsung's marketing and sales strategies in the
17 United States, business planning, product planning and market sensing. This information is
18 confidential and proprietary to Samsung, and could be used to its disadvantage by competitors if
19 this document was not filed under seal.
20

5.

Exhibit H to the Musika Declaration is a document produced by Samsung in this

21 litigation bearing Bates label SAMNDCA11513944. This document, which has been designated
22 HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY under the protective order, contains
23 confidential business information concerning Samsung's sales targets and marketing goals for
24 2012, and discusses products which have not yet been released in the United States. This
25 information is confidential and proprietary to Samsung, and could be used to its disadvantage by
26 competitors if this document was not filed under seal.
27

6.

Exhibit I to the Musika Declaration is a translated copy of a document produced by

28 Samsung in this litigation bearing Bates label SAMNDCA00401905. This document, which has
-2-

Case No. 11-cv-01846-LHK
DECLARATION OF JOBY MARTIN

1 been designated HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY under the protective
2 order, contains confidential business information concerning Samsung's sales targets for 2012,
3 product planning and design goals, and strategies for emerging markets. This information is
4 confidential and proprietary to Samsung, and could be used to its disadvantage by competitors if
5 this document was not filed under seal.
6

7.

Exhibit J to the Musika Declaration is document produced by Samsung in this

7 litigation bearing Bates label SAMNDCA11547521. This document, which has been designated
8 HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY under the protective order, contains
9 confidential business information concerning Samsung's ongoing relationship with AT&T, pricing
10 and profitability issues, and advertising strategies. This information is confidential and
11 proprietary to Samsung, and could be used to its disadvantage by competitors if this document was
12 not filed under seal.
13

8.

Exhibit N to the Musika Declaration is document produced by Samsung in this

14 litigation bearing Bates label SAMNDCA00191811. This document, which has been designated
15 HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY under the protective order, contains
16 confidential business information concerning consumer studies and market research conducted on
17 behalf of Samsung. This information is confidential and proprietary to Samsung, and could be
18 used to its disadvantage by competitors if this document was not filed under seal.
19

9.

Exhibit O to the Musika Declaration is document produced by Samsung in this

20 litigation bearing Bates label SAMNDCA11104115. This document, which has been designated
21 HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY under the protective order, contains
22 confidential business information concerning consumer studies and market research conducted by
23 Samsung, and plans for how to implement this information in Samsung's product development
24 processes. This information is confidential and proprietary to Samsung, and could be used to its
25 disadvantage by competitors if this document was not filed under seal.
26

10.

Exhibit P to the Musika Declaration is document produced by Samsung in this

27 litigation bearing Bates label SAMNDCA00525347. This document, which has been designated
28 HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY under the protective order, contains
-3-

Case No. 11-cv-01846-LHK
DECLARATION OF JOBY MARTIN

1 confidential business information concerning the development and operation of certain features of
2 Samsung's products. This information is confidential and proprietary to Samsung, and could be
3 used to its disadvantage by competitors if this document was not filed under seal.
4

11.

Exhibit Q to the Musika Declaration is document produced by Samsung in this

5 litigation bearing Bates label SAMNDCA10249770. This document, which has been designated
6 HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY under the protective order, contains
7 confidential business information concerning the design and development of Samsung's products
8 and certain changes to Samsung's products that were considered during the development process.
9 This information is confidential and proprietary to Samsung, and could be used to its disadvantage
10 by competitors if this document was not filed under seal.
11

12.

Exhibit R to the Musika Declaration is document produced by Samsung in this

12 litigation bearing Bates label SAMNDCA10247373. This document, which has been designated
13 HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY under the protective order, contains
14 confidential business information concerning the design goals for Samsung's user experience,
15 feedback from carriers received by Samsung regarding its products, and Samsung's competitive
16 focus. This information is confidential and proprietary to Samsung, and could be used to its
17 disadvantage by competitors if this document was not filed under seal.
18

13.

Exhibit V to the Musika Declaration is document produced by Samsung in this

19 litigation bearing Bates label SAMNDCA10246338. This document, which has been designated
20 HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY under the protective order, contains
21 confidential business information concerning consumer research conducted on behalf of Samsung,
22 and the metrics used by Samsung in conducting consumer research. This information is
23 confidential and proprietary to Samsung, and could be used to its disadvantage by competitors if
24 this document was not filed under seal.
25

14.

Exhibit X to the Musika Declaration is document produced by Samsung in this

26 litigation bearing Bates label SAMNDCA10807316. This document, which has been designated
27 HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY under the protective order, contains
28 confidential business information concerning consumer research and market sensing conducted on
-4-

Case No. 11-cv-01846-LHK
DECLARATION OF JOBY MARTIN

1 behalf of Samsung, and the metrics used by Samsung in conducting consumer research. This
2 information is confidential and proprietary to Samsung, and could be used to its disadvantage by
3 competitors if this document was not filed under seal.
4

15.

Exhibit H to the Mazza Declaration consists of excerpts from the March 6, 2012

5 deposition transcript of Junwon Lee. This document, which has been designated HIGHLY
6 CONFIDENTIAL-ATTORNEYS’ EYES ONLY under the protective order, contains confidential
7 information concerning Samsung's internal practices and strategies regarding its participation in
8 standards-setting organizations and procuring patent protection. This information is confidential
9 and proprietary to Samsung, and could be used to its disadvantage by competitors if this document
10 was not filed under seal.
11

16.

Exhibit I to the Mazza Declaration consists of excerpts from the May 2, 2012

12 deposition transcript of Richard L. Donaldson. This document, which has been designated
13 HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY under the protective order, contains
14 sensitive commercial information concerning Samsung's agreements with Intel Corporation
15 ("Intel"), which are subject to a nondisclosure agreement, and the respective business practices of
16 Samsung and Intel. This information is confidential and proprietary to Samsung, and would cause
17 substantial harm to Samsung and its ongoing relationship with third party Intel Corporation if not
18 filed under seal.
19

17.

The confidential, unredacted version of Apple's Opposition to Samsung's Motion

20 For Summary Judgment discusses, references or cites to Samsung source code, documents from
21 the files of Samsung's employees concerning the design and development process of the accused
22 products, and certain consumer studies conducted by or on behalf of Samsung. This information
23 is confidential and proprietary to Samsung, and could be used to its disadvantage by competitors if
24 this document was not filed under seal.
25

18.

Exhibit A to the Ordover Declaration is a copy of the Expert Report of Dr. Janusz

26 A. Ordover. This document, which has been designated HIGHLY CONFIDENTIAL27 ATTORNEYS’ EYES ONLY under the protective order, contains sensitive commercial
28 information concerning Samsung's internal strategies and practices in participating in standards-5-

Case No. 11-cv-01846-LHK
DECLARATION OF JOBY MARTIN

1 setting organizations and procuring patent protection, valuations of Samsung's patent portfolio,
2 confidential license negotiations between Samsung and Apple, and Samsung's licenses with third
3 parties, the terms of which are subject to non-disclosure agreements. This information is
4 confidential and proprietary to Samsung, and could be used to its disadvantage by competitors if
5 this document was not filed under seal.
6

19.

The confidential, unredacted version of Apple's Opposition to Samsung's Motion

7 for Leave to File Motion for Reconsideration contains sensitive commercial information
8 concerning Samsung's sales and inventories for the Galaxy Tab 10.1, Samsung's market share
9 consumer studies conducted by or on behalf of Samsung. This information is confidential and
10 proprietary to Samsung, and could be used to its disadvantage by competitors if this document was
11 not filed under seal.
12
13

I declare under penalty of perjury that the forgoing is true and correct to the best of my

14 knowledge.
15

Executed this 7th day of June, 2012, in San Francisco, California.

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/s/ Joby Martin
Joby Martin

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Case No. 11-cv-01846-LHK
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General Order 45 Attestation
I, Victoria F. Maroulis, am the ECF user whose ID and password are being used to file this

3 Declaration. In compliance with General Order 45(X)(B), I hereby attest that Joby Martin has
4 concurred in this filing.
5 /s/ Victoria Maroulis
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Case No. 11-cv-01846-LHK
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