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

Filing 1100

Declaration of Bill Trac in Support of #1056 Administrative Motion to File Under Seal Reply Declaration of Marc J. Pernick in Support of Apple's Motion to Strike Portions of Samsung's Expert Reports, #1052 Administrative Motion to File Under Seal Apple's Reply Brief in Support of Its Motion for Summary Judgment, #1059 Administrative Motion to File Under Seal Apply's Reply to Samsung's Opposition to Apple's Motion to Exclude Opinions of Certain of Samsung's Experts filed bySamsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Related document(s) #1056 , #1052 , #1059 ) (Maroulis, Victoria) (Filed on 6/14/2012)

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Bar No. 170151)
[e-mail]
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50 California Street, 22nd Floor
3 San Francisco, California 94111
Telephone: [phone]
4 Facsimile: [phone]
Kevin P.B. Johnson (Bar No. 177129
[e-mail]
Victoria F. Maroulis (Bar No. 202603)
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[e-mail]
555 Twin Dolphin Drive, 5th Floor
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Redwood Shores, California 94065-2139
[phone]
8 Telephone:
Facsimile:
[phone]
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Michael T. Zeller (Bar No. 196417)
[e-mail]
865 S. Figueroa St., 10th Floor
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Los Angeles, California 90017
12 Telephone: [phone]
Facsimile: [phone]
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14 Attorneys for SAMSUNG ELECTRONICS CO.,
LTD., SAMSUNG ELECTRONICS AMERICA,
15 INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

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20 APPLE INC., a California corporation,
Plaintiff,

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vs.

23 SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity; SAMSUNG
24 ELECTRONICS AMERICA, INC., a New
York corporation; SAMSUNG
25 TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,
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Defendant.
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CASE NO. 11-cv-01846-LHK
DECLARATION OF BILL TRAC IN
SUPPORT OF APPLE'S
ADMINISTRATIVE MOTIONS TO FILE
DOCUMENTS UNDER SEAL

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02198.51855/4812640.1

Case No. 11-cv-01846-LHK
DECLARATION OF BILL TRAC IN SUPPORT OF APPLE'S ADMINISTRATIVE MOTIONS TO FILE
DOCUMENTS UNDER SEAL

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I, Bill Trac, declare:

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1.

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

3 counsel for Samsung Electronics Co., Ltd., Samsung Telecommunications America, LLC, and
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Samsung Electronics America, Inc. (collectively “Samsung”). I submit this declaration in support

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of Apple Inc.’s (“Apple’s”) Administrative Motions to File Documents Under Seal (Dkt. Nos.
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1052, 1056, and 1059). I have personal knowledge of the facts set forth in this declaration, except
as otherwise noted, and, if called as a witness, could and would testify to those facts under oath.
2.

The requested relief is necessary to protect the confidentiality of information

10 contained in Apple’s Reply in Support of its Motion for Summary Judgment (“MSJ Reply”) (Dkt.
11 1052), the Reply Declaration of Marc Pernick in Support of Apple’s Motion to Strike Portions of
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Samsung’s Expert Reports (“Pernick Declaration”) (Dkt. 1056), and Apple’s Reply in Support of

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its Motion to Exclude Testimony of Samsung’s Experts (“Daubert Reply”) (Dkt. 1059).
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3.

The May 24, 2012 Declarations of Joby Martin in Support of Apple’s

Administrative Motions to File Documents Under Seal (“May 24 Samsung Declarations”) (Dkt.

17 Nos. 975, 976), and the June 1 Declarations of Ketan Patel and Hankil Kang in Support of
18 Samsung’s Administrative Motions to File Under Seal (“June 1 Samsung Declarations”) (Dkt.
19 Nos. 1008, 1016) in connection with Apple’s motions and Samsung’s oppositions are incorporated
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by reference as if fully set out herein.

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4.

It is Samsung’s policy not to disclose or describe the design or development of

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products that it releases. This information is confidential to Samsung. Such information may used

24 by Samsung’s competitors to Samsung’s disadvantage.
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5.

The confidential, unredacted version of Apple’s MSJ Reply (Dkt. 1052) discusses

26 and/or references the information described in the May 24 Samsung Declarations and the June 1
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Samsung Declarations and should be sealed for the same reasons.

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02198.51855/4812640.1

Case No. 11-cv-01846-LHK
DECLARATION OF BILL TRAC IN SUPPORT OF APPLE'S ADMINISTRATIVE MOTIONS TO FILE
DOCUMENTS UNDER SEAL

6.

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Exhibits 10 and 11 to the Pernick Declaration consist of tables prepared by Apple’s

2 experts based on highly confidential documents produced by Samsung. The tables reflect
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Samsung’s internal, confidential financial data and could be used to Samsung’s detriment by its
competitors. The documents containing Samsung’s financial data were marked HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY. Exhibits 10 and 11 should therefore be
sealed.
7.

The confidential, unredacted version of the Pernick Declaration consists of

9 information describe in paragraph 6 above and should be sealed for the same reason.
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8.

The confidential, unredacted version of Apple’s Daubert Reply (Dkt. 1059)

discusses and/or references the information described in the May 24 Samsung Declarations and

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the June 1 Samsung Declarations and should be sealed for the same reasons.
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I declare under penalty of perjury that the foregoing is true and correct. Executed in San

16 Francisco, California on June 14, 2012.
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_/s/ Bill Trac_________________
Bill Trac

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02198.51855/4812640.1

Case No. 11-cv-01846-LHK
DECLARATION OF BILL TRAC IN SUPPORT OF APPLE'S ADMINISTRATIVE MOTIONS TO FILE
DOCUMENTS UNDER SEAL

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GENERAL ORDER ATTESTATION
I, Victoria Maroulis, am the ECF user whose ID and password are being used to file the

3 foregoing Declaration. I hereby attest pursuant to General Order 45.X.B. that concurrence in the
4 electronic filing of this document has been obtained from Bill Trac.
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Date: June 14, 2012

/s/ Victoria Maroulis

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02198.51855/4812640.1

Case No. 11-cv-01846-LHK
DECLARATION OF BILL TRAC IN SUPPORT OF APPLE'S ADMINISTRATIVE MOTIONS TO FILE
DOCUMENTS UNDER SEAL

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