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

Filing 1083

Declaration of CYNDI WHEELER in Support of #1044 Administrative Motion to File Under Seal Samsung's Reply In Support of Motion For Clarification of May 4, 2012 Order filed byApple Inc.. (Attachments: #1 Exhibit A, #2 Proposed Order)(Related document(s) #1044 ) (Jacobs, Michael) (Filed on 6/12/2012)

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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]

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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]

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,

Case No. 11-cv-01846-LHK (PSG)
DECLARATION OF CYNDI WHEELER IN
SUPPORT OF SAMSUNG’S
ADMINISTRATIVE MOTION TO FILE
DOCUMENTS UNDER SEAL

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 (PSG)
sf-3157890

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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. 1044) pursuant to Local

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

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witness I could and would competently testify as follows.

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2.

Exhibit 5 to the Declaration of Mark Tung in support of Samsung’s Reply In

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Support of Samsung’s Motion for Clarification of May 4th Order (“Tung Declaration”) (Dkt.

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No. 1044-4) is an excerpt of the Expert Report of Karan Singh, Ph.D. It contains highly

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confidential and commercially sensitive information relating to Apple’s utility patents and source

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code. It is Apple’s policy not to disclose non-public information regarding its product

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development, intellectual property, and source code. The above information could be used to

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Apple’s disadvantage by competitors if it were not filed under seal. The requested relief is

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necessary and narrowly tailored to protect the confidentiality of this information. A proposed

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redacted version is submitted herewith as Exhibit A.

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3.

Samsung’s Reply In Support of Motion for Clarification of May 4th Order (Dkt.

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No. 1044-1) also should be sealed to the extent it refers to or discusses the exhibit above for the

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same reasons.

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4.

Apple does not maintain a claim of confidentiality on Exhibit 4 to the Tung

Declaration.
I declare under penalty of perjury that the foregoing is true and correct to the best of my
knowledge. Executed this 12th day of June, 2012, in 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 (PSG)
sf-3157890

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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 12, 2012

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/s/ Michael A. Jacobs
Michael A. Jacobs

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DECLARATION OF CYNDI WHEELER IN SUPPORT OF SAMSUNG’S MOTION TO FILE UNDER SEAL
CASE NO. 11-CV-01846-LHK (PSG)
sf-3157890

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