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

Filing 1108

Declaration of Cyndi Wheeler in Support of #1088 Administrative Motion to File Under Seal , #1090 Administrative Motion to File Under Seal filed byApple Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 [Proposed] Order Granting Samsungs Administrative Motion To File Documents Under Seal Re Samsungs Opening Memorandum Regarding Claim Construction, #5 [Proposed] Order Granting Samsungs Administrative Motion To File Documents Under Seal Re Samsungs Reply In Support Of Motion For Sanctions)(Related document(s) #1088 , #1090 ) (Jacobs, Michael) (Filed on 6/19/2012)

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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.

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

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,
Defendants.

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DECLARATION OF CYNDI WHEELER IN SUPPORT OF SAMSUNG’S MOTIONS TO FILE UNDER SEAL
CASE NO. 11-CV-01846-LHK (PSG)
sf-3160777

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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 Motions to File Under Seal (Dkt. Nos. 1088 and 1090) pursuant to

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

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a witness I could and would competently testify as follows.

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Declaration of Adam S. Cashman in Support of Samsung’s Opening Memorandum
Regarding Claim Construction (“Cashman Declaration”) (Dkt. No. 1091)
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Exhibit 4 to the Cashman Declaration is a copy of an excerpt of the transcript of

the March 27, 2012 deposition of David Bungo. Exhibit 4 contains trade secret information

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reflecting: Apple’s product design process, specifics regarding the iPad design project, and the

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inner workings of Apple’s industrial design group. This exhibit also contains discussion of

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documents marked as HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY as well as

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extensive references to confidential internal code names. This information is highly sensitive and

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could be used by Apple’s competitors to Apple’s disadvantage. It should be sealed in its entirety.

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3.

Exhibit 17 to the Cashman Declaration is a copy of an excerpt of the transcript of

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the October 21, 2011 deposition of Daniele De Iuliis. Exhibit 17 contains trade secret

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information reflecting: Apple’s product design process, specifics regarding the iPad design

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project, and the inner workings of Apple’s industrial design group. This information is highly

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sensitive and could be used by Apple’s competitors to Apple’s disadvantage. Exhibit 17 should

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be partially sealed, and a proposed redacted version is attached as Exhibit A.

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4.

Exhibit 18 to the Cashman Declaration is a copy of an excerpt of the transcript of

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the November 4, 2011 deposition of Christopher Stringer. Exhibit 18 contains trade secret

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information reflecting: Apple’s product design process, specifics regarding the iPad design

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project, and the inner workings of Apple’s industrial design group. This information is highly

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sensitive and could be used by Apple’s competitors to Apple’s disadvantage. It should be sealed

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in its entirety. Exhibit 18 should be partially sealed, and a proposed redacted version is attached

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as Exhibit B.

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DECLARATION OF CYNDI WHEELER IN SUPPORT OF SAMSUNG’S MOTIONS TO FILE UNDER SEAL
CASE NO. 11-CV-01846-LHK (PSG)
sf-3160777

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5.

Apple does not maintain a claim of confidentiality over Exhibits 14, 15, 19, 20, 29,

or 63-66 to the Cashman Declaration.
Reply Declaration of Diane C. Hutnyan in Support of Samsung’s Motion for Rule 37
Sanctions (“Hutnyan Declaration”) (Dkt. No. 1088-3)
6.

Exhibit 10 to the Hutnyan Declaration is a copy of an excerpt of the transcript of

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the February 22, 2012 deposition of Daniele De Iuliis in the ITC-796 case. Exhibit 10 contains

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trade secret information reflecting Apple’s product design process, specifics regarding the iPhone

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design project, and the inner workings of Apple’s industrial design group. This information is

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highly sensitive and could be used by Apple’s competitors to Apple’s disadvantage. Exhibit 10

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should be partially sealed, and a proposed redacted version is attached as Exhibit C.
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Apple does not maintain a claim of confidentiality over Exhibits 7-9 or 11-13 to

the Hutnyan Declaration.

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*** *** ***
8.

Samsung’s Opening Memorandum Regarding Claim Construction and Reply in

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Support of Motion for Rule 37 Sanctions should be sealed to the extent they refer to or discuss the

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exhibits above for the same reasons.

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9.

It is Apple’s policy not to disclose or describe its non-public industrial design

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information, business practices, development information, or internal code names to third parties.

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The above-described documents reveal highly confidential information that, if disclosed, could be

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used by Apple’s competitors to Apple’s disadvantage. The requested relief is necessary and

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narrowly tailored to protect the confidentiality of this information.

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I declare under penalty of perjury that the foregoing is true and correct. Executed this
19th day of June, 2012 at Cupertino, California.

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/s/ Cyndi Wheeler
Cyndi Wheeler

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DECLARATION OF CYNDI WHEELER IN SUPPORT OF SAMSUNG’S MOTIONS TO FILE UNDER SEAL
CASE NO. 11-CV-01846-LHK (PSG)
sf-3160777

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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 19, 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 MOTIONS TO FILE UNDER SEAL
CASE NO. 11-CV-01846-LHK (PSG)
sf-3160777

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