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

Filing 1071

Declaration of Bill Trac in Support of #1060 Administrative Motion to File Under Seal , #1061 Administrative Motion to File Under Seal Samsung's Reply In Support of Motion To Exclude Opinions of Certain of Apple's Experts, #1069 Administrative Motion to File Under Seal Exhibits to Trac Declaration in Support of Reply to Samsung's Motion for Summary Judgment, #1067 Administrative Motion to File Under Seal , #1063 Administrative Motion to File Under Seal Samsung's Reply in Support of Samsung's Motion for Summary Judgment filed bySamsung Electronics Co. Ltd.. (Related document(s) #1060 , #1061 , #1069 , #1067 , #1063 ) (Maroulis, Victoria) (Filed on 6/8/2012)

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1 QUINN EMANUEL URQUHART & SULLIVAN, LLP Charles K. Verhoeven (Cal. Bar No. 170151)  charlesverhoeven@quinnemanuel.com 50 California Street, 22nd Floor  San Francisco, California 94111 Telephone: (415) 875-6600  Facsimile: (415) 875-6700  Kevin P.B. Johnson (Cal. Bar No. 177129) kevinjohnson@quinnemanuel.com  Victoria F. Maroulis (Cal. Bar No. 202603) victoriamaroulis@quinnemanuel.com  555 Twin Dolphin Drive 5th Floor Redwood Shores, California 94065  Telephone: (650) 801-5000 Facsimile: (650) 801-5100  Michael T. Zeller (Cal. Bar No. 196417)  michaelzeller@quinnemanuel.com 865 S. Figueroa St., 10th Floor  Los Angeles, California 90017 Telephone: (213) 443-3000  Facsimile: (213) 443-3100  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 BILL TRAC IN SUPPORT OF SAMSUNG’S ADMINISTRATIVE MOTIONS 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.     02198.51855/4798820.2 Case No. 11-cv-01846-LHK DECLARATION OF BILL TRAC IN SUPPORT OF SAMSUNG’S ADMINISTRATIVE MOTIONS TO FILE DOCUMENTS UNDER SEAL 1 I, Bill Trac, declare: 2 1. I am an associate in the law firm of Quinn Emanuel Urquhart & Sullivan, LLP, 3 counsel for Samsung Electronics Co., Ltd., Samsung Electronics America, Inc. and Samsung 4 Telecommunications America, LLC (collectively, “Samsung”). I submit this Declaration in 5 support of Samsung's Administrative Motions to File Documents Under Seal (Dkt. Nos. 1060, 6 1061, 1063, 1067 and 1069). I have personal knowledge of the facts set forth in this Declaration 7 and, if called as a witness, could and would competently testify to them. 8 2. The requested relief is necessary to protect the confidentiality of information 9 contained in the following documents: 11 The confidential, unredacted version of Samsung’s Reply in Support of Motion to Strike Expert Testimony Based on Undisclosed Facts and Theories (Dkt Nos. 1060, 1067) 12 i. 10 a. 13 The confidential, unredacted version of the Declaration of Michael J. Wagner in Support of the Reply (“Wagner Declaration”); 14 (1) Exhibits B and C to the Wagner Declaration; ii. Exhibits 1-6, 13, 20-21, and 29-30 to the Declaration of Christopher E. Price in Support of the Reply (“Price Declaration”); iii. 18 The confidential, unredacted version of the Declaration of Brian von Herzen in Support of Samsung's Reply in Support of Motion to Strike Expert Testimony Based on Undisclosed Facts and Theories (“von Herzen Dec.”); and 19 (1) 15 16 17 20 b. Exhibits 4-6 to the von Herzen Dec; 21 The confidential, unredacted version of Samsung's Reply In Support of Motion To Exclude Opinions of Certain of Apple's Experts; and 22 i. Exhibits 1 and 4-7 to the Reply Declaration of Joby Martin In Support of Samsung's Motion to Exclude ("Martin Declaration"); 23 24 c. The confidential, unredacted version of Samsung’s Reply in Support of Motion for Summary Judgment; 25 i. The confidential, unredacted version of the Declaration of Bill Trac in Support of the Motion (“Trac Declaration”); 26 (1) Exhibits 1-2, 8-10, 14-28 to the Trac Declaration 27 28 02198.51855/4798820.2 Case No. 11-cv-01846-LHK -2DECLARATION OF BILL TRAC IN SUPPORT OF SAMSUNG’S ADMINISTRATIVE MOTIONS TO FILE DOCUMENTS UNDER SEAL 1 ii. The confidential, unredacted version of the Supplemental Declaration of Adam Bogue; and 2 (1) Exhibits 1-3 to the Supplemental Bogue Declaration 3 3. Exhibit 7 to the Martin Declaration consists of excerpts from the May 2, 2012 4 deposition transcript of Michael Walker. Apple has designated this document HIGHLY 5 CONFIDENTIAL — ATTORNEY'S EYES ONLY. This document contains sensitive 6 commercial information concerning Samsung technology as it relates to 3GPP standards, 7 Samsung's internal strategy regarding participation in 3GPP and ETSI, Samsung's patent 8 prosecution strategies, and Samsung's positions on the licensing of standards-essential patents. 9 This information is confidential and proprietary to Samsung, and could be used to its disadvantage 10 by competitors if it were not filed under seal. To the extent that this document contains Apple 11 confidential information, Samsung trusts that Apple will file the declaration required by Civ. L. R. 12 79-5(d) establishing this document as sealable. 13 4. The unredacted version of Samsung's Reply In Support of Motion To Exclude 14 Opinions of Certain of Apple's Experts contains sensitive commercial information relating to the 15 Samsung's financial data. This information is confidential and proprietary to Samsung, and could 16 be used to its disadvantage by competitors if it were not filed under seal. This document also 17 references or cites to the confidential materials discussed in paragraph 3, and should therefore be 18 sealed for all of the reasons described above. 19 5. Exhibit B to the Wagner Declaration is a copy of Volume I of the April 20, 2012 20 Corrected Expert Report of Michael J. Wagner. Portions of the Report contains sensitive 21 commercial information relating to Samsung’s financial data. The information is confidential 22 and proprietary to Samsung and could be used to its disadvantage by competitors if it is not filed 23 under seal. 24 6. Exhibit 25 to the Declaration of Bill Trac is a screenshot containing sensitive 25 proprietary business information regarding Mitsubishi Electric Research Laboratories (MERL), a 26 third-party in this case. In addition, the Trac Declaration describes the contents of this 27 28 02198.51855/4798820.2 Case No. 11-cv-01846-LHK -3DECLARATION OF BILL TRAC IN SUPPORT OF SAMSUNG’S ADMINISTRATIVE MOTIONS TO FILE DOCUMENTS UNDER SEAL 1 screenshot. This information is confidential and proprietary to MERL and could be used to its 2 disadvantage by competitors if it is not filed under seal. 3 7. Exhibits 1-3 to the Supplemental Declaration of Adam Bogue are documents 4 containing sensitive marketing, financial, and technical information relating to Mitsubishi Electric 5 Research Laboratories (MERL), a third-party in this case. In addition, the Supplemental Bogue 6 Declaration describes the contents of these documents. This information is confidential and 7 proprietary to MERL and could be used to its disadvantage by competitors if it is not filed under 8 seal. 9 8. The remaining items are documents that have been designated by Apple as Highly 10 Confidential – Attorneys’ Eyes Only under the interim protective order, or reference other 11 12 information that may be Apple confidential. Samsung expects that, pursuant to Local Rule 79-5, Apple will file a declaration establishing that the information therein is sealable. 13 14 15 16 I declare under penalty of perjury that the foregoing is true and correct. Executed in Redwood Shores, California on June 8, 2012. 17 18 /s/ Bill Trac 19 20 21 22 23 24 25 26 27 28 02198.51855/4798820.2 Case No. 11-cv-01846-LHK -4DECLARATION OF BILL TRAC IN SUPPORT OF SAMSUNG’S ADMINISTRATIVE MOTIONS TO FILE DOCUMENTS UNDER SEAL 1 2 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 Bill Trac has 4 concurred in this filing. 5 /s/ Victoria Maroulis 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 02198.51855/4798820.2 Case No. 11-cv-01846-LHK -5DECLARATION OF BILL TRAC IN SUPPORT OF SAMSUNG’S ADMINISTRATIVE MOTIONS TO FILE DOCUMENTS UNDER SEAL

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