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

Filing 1109

MOTION TO STAY ORDER DENYING ADMINISTRATIVE MOTIONS TO FILE UNDER SEAL, FOR EXTENSION OF TIME, AND TO SEAL DOCUMENTS filed by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). Responses due by 7/5/2012. Replies due by 7/12/2012. (Attachments: #1 Declaration of Anthony Alden, #2 Declaration of Hankil Kang, #3 Proposed Order)(Maroulis, Victoria) (Filed on 6/20/2012)

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 HANKIL KANG IN
SUPPORT OF APPLE'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.





Case No. 11-cv-01846-LHK
DECLARATION OF HANKIL KANG IN SUPPORT OF APPLE’S ADMINISTRATIVE MOTIONS TO FILE
DOCUMENTS UNDER SEAL

1

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

2 Electronics America, Inc., and Samsung Telecommunications America, LLC (collectively,
3 “Samsung”) submit the appended declaration of Hankil Kang in Support of Apple’s
4 Administrative Motions to File Documents Under Seal (Dkt. Nos. 769, 799, 822, 824, and 845), to
5 establish that the following are sealable:
6



37(b)(2) Sanctions for Samsung’s Violation of Two Discovery Orders (Dkt. No. 769);

7
8



The confidential, unredacted version of the Reply Declaration of Minn Chung in
Support of Apple’s Motion for Rule 37(b)(2) Sanctions for Samsung’s Violation of

9

Two Discovery Orders(“Chung Declaration”), and Exhibits A – S thereto;

10
11

The confidential, unredacted version of Apple’s Reply in Support of Motion for Rule



Exhibit to 2 to the Reply Declaration of Eric J. Olson in Support of Apple’s Motion for

12

Rule 37(b)(2) Sanctions for Samsung’s Violation of Two Discovery Orders (“Olson

13

Declaration”);

14



The confidential, unredacted version of Apple’s Combined Reply in Support of Its

15

Motion to Compel Depositions of Samsung’s Purported “Apex” Witnesses and

16

Opposition to Samsung’s Motion for a Protective Order (“Apple’s Apex Reply”) (Dkt.

17

No. 799);

18



The confidential, unredacted version of the Declaration of Mia Mazza in Support of

19

Apple’s Apex Reply (“Mazza Apex Declaration”), and Exhibits 5-32, 34, 35, and 38-

20

40 thereto;

21



The confidential, unredacted version of Apple’s Reply Brief in Support of Rule

22

37(b)(2) Motion Re: Samsung’s Violation of January 27, 2012 Damages Discovery

23

Order (“Apple’s Damages Sanctions Reply”) (Dkt. No. 822);

24



The confidential, unredacted version of the Declaration of Erik J. Olson in Support of

25

Apple’s Damages Sanctions Reply (“Olson Damages Declaration”), and Exhibits A, D

26

and I thereto;

27
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1



The confidential, unredacted version of the Declaration of Eric R. Roberts in Support

2

of Apple’s Damages Sanctions Reply (“Roberts Declaration”), and Exhibits A - C

3

thereto;

4



5
6

Exhibits 10 and 13-18 to the Declaration of Grant Kim in Support of Apple’s Damages
Sanctions Reply; and



Exhibit D to the Reply Declaration of Marc J. Pernick in Support of Apple’s Rule

7

37(b)(2) Motion Based on Samsung’s Violation of the Court’s December 22, 2011

8

Order Regarding Source Code (“Pernick Declaration”) (Dkt. No. 845).

9

DECLARATION OF HANKIL KANG

10

I, Hankil Kang, do hereby declare as follows:

11

1.

I am Legal Counsel at Samsung Electronics Co., Ltd. I submit this Declaration in

12 support of Apple’s Administrative Motions to File Documents Under Seal (Dkt. Nos. 769, 799,
13 822, 824, and 845). I have personal knowledge of the facts set forth in this Declaration and, if
14 called as a witness, could and would competently testify to them.
15

Docket No. 769

16

2.

The originals of Exhibits A-S of the Reply Declaration of Minn Chung in Support

17 of Apple’s Motion for Rule 37(b)(2) Sanctions for Samsung’s Violation of Two Discovery Orders
18 are documents which were produced by Samsung in this matter with the designation HIGHLY
19 CONFIDENTIAL-ATTORNEYS’ EYES ONLY. These documents and their translations reveal
20 Samsung’s strategies regarding design, product development and engineering, consumer research
21 and marketing strategies, product evaluation and competitive analyses. These documents contain
22 highly confidential and commercially sensitive business information, including confidential
23 information from the files of Samsung’s designers and other employees relating to the design and
24 development of Samsung’s products, as well as confidential information regarding strategies for
25 marketing, evaluating, improving, and reviewing Samsung’s and competitive products. This
26 information is confidential and proprietary to Samsung, and could be used to its disadvantage by
27 competitors if it were not filed under seal.
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1

3.

The original of Exhibit A to the Chung Declaration is a document which was

2 produced by Samsung in this matter with the designation HIGHLY CONFIDENTIAL3 ATTORNEYS’ EYES ONLY. This document and its translation reveal Samsung’s strategies
4 regarding design, competitive analysis, and suggested improvements of its product. This
5 document contains highly confidential and commercially sensitive business information, including
6 confidential information from the files of Samsung’s designer relating to the design of Samsung’s
7 products. This information is confidential and proprietary to Samsung, and could be used to its
8 disadvantage by competitors if it were not filed under seal.
9

4.

The original of Exhibit B to the Chung Declaration is an email which was produced

10 by Samsung in this matter with the designation HIGHLY CONFIDENTIAL-ATTORNEYS’
11 EYES ONLY. This document and its translation reveal Samsung’s strategies regarding design,
12 the development of its products, and strategies relating to its competitive analysis of other
13 products. This document contains highly confidential and commercially sensitive business
14 information, including confidential information from the files of Samsung’s designers, developers,
15 and business operations relating to the development and competitive evaluation of Samsung’s
16 products. This information is confidential and proprietary to Samsung, and could be used to its
17 disadvantage by competitors if it were not filed under seal.
18

5.

The originals of Exhibits C-E to the Chung Declaration are emails which were

19 produced by Samsung in this matter with the designation HIGHLY CONFIDENTIAL20 ATTORNEYS’ EYES ONLY. These documents and their translations reveal strategies and
21 proposals regarding the design and development of technical features of Samsung’s products.
22 These documents contains highly confidential and commercially sensitive business information,
23 including confidential information from the files of Samsung’s engineers or information
24 exchanged between Samsung’s employees and its business consultants relating to the design of
25 Samsung’s products. This information is confidential and proprietary to Samsung, and could be
26 used to its disadvantage by competitors if it were not filed under seal.
27
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1

6.

The originals of Exhibits F and H to the Chung Declaration are emails which were

2 produced by Samsung in this matter with the designation HIGHLY CONFIDENTIAL3 ATTORNEYS’ EYES ONLY. These documents and their translations reveal Samsung’s
4 strategies regarding design, the development of its products, and strategies relating to its
5 competitive analysis of various features of other products. These documents contain highly
6 confidential and commercially sensitive business information, including confidential information
7 from the files of Samsung’s designers, developers, and business operations relating to the
8 development and competitive evaluation of Samsung’s products. This information is confidential
9 and proprietary to Samsung, and could be used to its disadvantage by competitors if it were not
10 filed under seal.
11

7.

The original of Exhibit G to the Chung Declaration is a document which was

12 produced by Samsung in this matter with the designation HIGHLY CONFIDENTIAL13 ATTORNEYS’ EYES ONLY. This document and its translation reveal Samsung’s strategies
14 regarding design, the development of its products, timelines and business plans, and strategies
15 relating to its competitive analysis of other products. This document contains highly confidential
16 and commercially sensitive business information, including confidential information from the files
17 of Samsung’s management and business operations relating to the development and competitive
18 evaluation of Samsung’s products. This information is confidential and proprietary to Samsung,
19 and could be used to its disadvantage by competitors if it were not filed under seal.
20

8.

The originals of Exhibits I and L to the Chung Declaration are documents which

21 were produced by Samsung in this matter with the designation HIGHLY CONFIDENTIAL22 ATTORNEYS’ EYES ONLY. These documents and their translations reveal Samsung’s analysis
23 of products from one of its competitors. These documents contain highly confidential and
24 commercially sensitive business information, including confidential information from the files of
25 Samsung’s business operations relating to the competitive evaluation of mobile phone products,
26 internal suggestions and proposals for marketing strategies, and internal research relating to the
27
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1 mobile phone market. This information is confidential and proprietary to Samsung, and could be
2 used to its disadvantage by competitors if it were not filed under seal.
3

9.

The originals of Exhibits J and K to the Chung Declaration are emails which were

4 produced by Samsung in this matter with the designation HIGHLY CONFIDENTIAL5 ATTORNEYS’ EYES ONLY. These documents and their translations reveal Samsung’s
6 strategies for business organization, marketing and launch regions, and comparative or
7 competitive analysis of various features of other products. These documents contain highly
8 confidential and commercially sensitive business information, including confidential information
9 from the files of Samsung’s designers, developers, and business operations relating to the
10 development and competitive evaluation of Samsung’s products. This information is confidential
11 and proprietary to Samsung, and could be used to its disadvantage by competitors if it were not
12 filed under seal.
13

10.

The original of Exhibit M to the Chung Declaration is a document which was

14 produced by Samsung in this matter with the designation HIGHLY CONFIDENTIAL15 ATTORNEYS’ EYES ONLY. This document and its translation reveal Samsung’s strategies
16 regarding design and user experience, as well as Samsung’s internal competitive analysis of other
17 products. This document contains highly confidential and commercially sensitive business
18 information, including confidential information from the files of Samsung’s management and
19 business operations relating to the development and competitive evaluation of Samsung’s
20 products. This information is confidential and proprietary to Samsung, and could be used to its
21 disadvantage by competitors if it were not filed under seal.
22

11.

The original of Exhibit N to the Chung Declaration is a document which was

23 produced by Samsung in this matter with the designation HIGHLY CONFIDENTIAL24 ATTORNEYS’ EYES ONLY. This document and its translation reveal Samsung’s strategies
25 regarding the review of competitive products. This document contains highly confidential and
26 commercially sensitive business information, including confidential information from the files of
27 Samsung’s management and business operations relating to the competitive evaluation of
28
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1 Samsung’s products. This information is confidential and proprietary to Samsung, and could be
2 used to its disadvantage by competitors if it were not filed under seal.
3

12.

The original of Exhibit O to the Chung Declaration is a document which was

4 produced by Samsung in this matter with the designation HIGHLY CONFIDENTIAL5 ATTORNEYS’ EYES ONLY. This document and its translation reveal Samsung’s strategies
6 regarding its internal business organization, innovative business structure and planning, and the
7 development of its products. This document contains highly confidential and commercially
8 sensitive business information, including confidential information from the files of Samsung’s
9 management and business operations relating to the strategy for Samsung’s product development.
10 This information is confidential and proprietary to Samsung, and could be used to its disadvantage
11 by competitors if it were not filed under seal.
12

13.

The original of Exhibit P to the Chung Declaration is a document which was

13 produced by Samsung in this matter with the designation HIGHLY CONFIDENTIAL14 ATTORNEYS’ EYES ONLY. This document and its translation reveal Samsung’s internal
15 review of a competitive product. This document contains highly confidential and commercially
16 sensitive business information, including confidential information from the files of Samsung’s
17 management, marketing or design team relating to the competitive evaluation of Samsung’s
18 products. This information is confidential and proprietary to Samsung, and could be used to its
19 disadvantage by competitors if it were not filed under seal.
20

14.

The original of Exhibit Q of the Chung Declaration is a document that reflects

21 information which has been designated HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES
22 ONLY. This document lists Samsung’s designers whose identities and information regarding their
23 roles and responsibilities at Samsung have been provided in confidential discovery responses.
24 This document contains highly confidential and commercially sensitive business information,
25 including confidential information regarding Samsung’s business and design organization. This
26 information is confidential and proprietary to Samsung, and could be used to its disadvantage by
27 competitors if it were not filed under seal.
28
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1

15.

The original of Exhibit R of the Chung Declaration is an excerpt from a document

2 which was produced by Samsung in this matter with the designation HIGHLY CONFIDENTIAL3 ATTORNEYS’ EYES ONLY. This document reveals Samsung’s internal evaluation and the
4 results of consumer research relating to Samsung’s product and a competitive product. This
5 document contains highly confidential and commercially sensitive business information, including
6 confidential information relating to Samsung’s consumer research and marketing strategies. This
7 information is confidential and proprietary to Samsung, and could be used to its disadvantage by
8 competitors if it were not filed under seal.
9

16.

The original of Exhibit S to the Chung Declaration is an excerpt from a document

10 which was produced by Samsung in this matter with the designation HIGHLY CONFIDENTIAL11 ATTORNEYS’ EYES ONLY. This document reveals Samsung’s internal evaluation and the
12 results of its internal evaluation relating to various competitive mobile products. This document
13 contains highly confidential and commercially sensitive business information, including
14 confidential information relating to Samsung’s internal review and evaluation strategies. This
15 information is confidential and proprietary to Samsung, and could be used to its disadvantage by
16 competitors if it were not filed under seal.
17

17.

The Reply Declaration of Minn Chung in Support of Apple’s Motion for Rule

18 37(b)(2) Sanctions for Samsung’s Violation of Two Discovery Orders summarizes and describes
19 the contents of Exhibits A-S, which are Samsung documents designated HIGHLY
20 CONFIDENTIAL – ATTORNEYS’ EYES ONLY and discussed in paragraphs 2 – 16 above. The
21 Declaration therefore contains highly confidential and commercially sensitive business
22 information, including confidential information from the files of Samsung’s designers, marketing
23 representatives, engineers, and management relating to the design of Samsung’s products,
24 confidential information regarding the technical development of features of Samsung’s products,
25 and confidential information regarding Samsung’s strategies regarding design, customer research,
26 marketing, product evaluation and competitive analysis. This information is confidential and
27
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1 proprietary to Samsung, and could be used to its disadvantage by competitors if it were not filed
2 under seal.
3

18.

The original of Exhibit 2 of the Reply Declaration of Erik J. Olson in Support of

4 Apple’s Motion for Rule 37(b)(2) Sanctions for Samsung’s Violation of Two Discovery Orders
5 appears to be an excerpt from a document which was produced by Samsung in this matter with the
6 designation HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY. This document reveals
7 the results of Samsung’s consumer research relating to Samsung’s products and/or competitive
8 products. This document contains highly confidential and commercially sensitive business
9 information, including confidential information relating to Samsung’s consumer research and
10 marketing and survey strategies. This information is confidential and proprietary to Samsung, and
11 could be used to its disadvantage by competitors if it were not filed under seal.
12

19.

Apple’s Reply in Support of its Motion for Rule 37(b)(2) Sanctions for Samsung’s

13 Violation of Two Discovery Orders summarizes, describes and/or directly cites to the confidential
14 Chung Declaration and the confidential exhibits discussed in paragraphs 2 to 18 above. Therefore,
15 this document should remain under seal for the same reasons as articulated above.
16

Docket No. 799

17

20.

The original of Exhibit 5 to the Mazza Apex Declaration includes slides from a

18 presentation made by Samsung to one of its carrier partners. It contains Samsung’s confidential
19 business information, including regarding the design and development of products (see, e.g.,
20 SAMNDCA10202846-57, 72, 74), financial data (see, e.g., SAMNDCA10202831, 34, 36),
21 internal organizational structure (see, e.g., SAMNDCA10202832-33), and the nature of
22 Samsung’s relationship with a partner (see, e.g., SAMNDCA10202873). This information is
23 confidential and proprietary, and could be used by competitors to the detriment of Samsung, its
24 suppliers, and/or its carrier partners. Accordingly, Samsung has designated the document
25 HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY under the Protective Order, and it
26 should be sealed.
27
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1

21.

The original of Exhibit 6 to the Mazza Apex Declaration is an excerpt from the

2 transcript of the February 29, 2012 deposition of Seogguen Kim. It contains Samsung’s
3 confidential business information, including regarding the design and development of products
4 (see, e.g., Tr. at 34:3-11) and internal organizational structure (see, e.g., Tr. at 8:4-9:14; 36:95 37:20; 40:13-41:19). This information is confidential and proprietary, and could be used by
6 competitors to the detriment of Samsung, its suppliers, and/or its carrier partners. Accordingly,
7 Samsung has designated this testimony HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
8 ONLY under the Protective Order, and it should be sealed.
9

22.

The original of Exhibit 7 to the Mazza Apex Declaration is an excerpt from the

10 transcript of the February 17, 2012 deposition of Don Joo Lee. It contains Samsung’s confidential
11 business information, including regarding marketing strategy (see, e.g., Tr. at 47:12-48:7) and
12 internal organizational structure (see, e.g., Tr. at 15:7-17:2; 52:12-21). This information is
13 confidential and proprietary, and could be used by competitors to the detriment of Samsung, its
14 suppliers, and/or its carrier partners. Accordingly, Samsung has designated this testimony
15 HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY under the Protective Order, and it
16 should be sealed.
17

23.

The original of Exhibit 8 to the Mazza Apex Declaration is a Korean-language

18 document and what Apple claims to be its English translation. They contain Samsung’s
19 confidential business information regarding the design and development of products (see, e.g.,
20 SAMNDCA10249771). This information is confidential and proprietary, and could be used by
21 competitors to the detriment of Samsung, its suppliers, and/or its carrier partners. Accordingly,
22 Samsung has designated the document HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
23 ONLY under the Protective Order, and it should be sealed.
24

24.

The original of Exhibit 9 to the Mazza Apex Declaration is an email chain between

25 various Samsung employees. It contains Samsung’s confidential business information, including
26 regarding the design and development of products (see, e.g., SAMNDCA10885548-49),
27 Samsung’s relationships with carrier partners (see, e.g., SAMNDCA10885538-40), and pricing
28
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1 strategy (see, e.g., SAMNDCA10885541). This information is confidential and proprietary, and
2 could be used by competitors to the detriment of Samsung, its suppliers, and/or its carrier partners.
3 Accordingly, Samsung has designated the document HIGHLY CONFIDENTIAL –
4 ATTORNEYS’ EYES ONLY under the Protective Order, and it should be sealed.
5

25.

The original of Exhibit 10 to the Mazza Apex Declaration is a Korean-language

6 email chain and what Apple claims to be its English translation. They contain Samsung’s
7 confidential business information regarding the design and development of products (see
8 SAMNDCA10907801-02). This information is confidential and proprietary, and could be used by
9 competitors to the detriment of Samsung, its suppliers, and/or its carrier partners. Accordingly,
10 Samsung has designated the document HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
11 ONLY under the Protective Order, and it should be sealed.
12

26.

The original of Exhibit 11 to the Mazza Apex Declaration is a Korean-language

13 document and what Apple claims to be its English translation. They contain Samsung’s
14 confidential business information regarding the design and development of products and internal
15 organizational structure (see SAMNDCA10422392-93). This information is confidential and
16 proprietary, and could be used by competitors to the detriment of Samsung, its suppliers, and/or its
17 carrier partners. Accordingly, Samsung has designated the document HIGHLY CONFIDENTIAL
18 – ATTORNEYS’ EYES ONLY under the Protective Order, and it should be sealed.
19

27.

The original of Exhibit 12 to the Mazza Apex Declaration is a Korean-language

20 document and what Apple claims to be its English translation. They contain Samsung’s
21 confidential business information, including regarding the design and development of products
22 (see SAMNDCA00196657-59) and internal organizational structure (see SAMNDCA00196651).
23 This information is confidential and proprietary, and could be used by competitors to the detriment
24 of Samsung, its suppliers, and/or its carrier partners. Accordingly, Samsung has designated the
25 document HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY under the Protective
26 Order, and it should be sealed.
27
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1

28.

The original of Exhibit 13 to the Mazza Apex Declaration is a Korean-language

2 email chain and what Apple claims to be its English translation. They contain Samsung’s
3 confidential business information, including regarding the design and development of products,
4 relationships with carrier partners, pricing strategy, and internal organizational structure (see
5 SAMNDCA10774544-50). This information is confidential and proprietary, and could be used by
6 competitors to the detriment of Samsung, its suppliers, and/or its carrier partners. Accordingly,
7 Samsung has designated the document HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
8 ONLY under the Protective Order, and it should be sealed.
9

29.

The original of Exhibit 14 to the Mazza Apex Declaration is a Korean-language

10 email chain and what Apple claims to be its English translation. They contain Samsung’s
11 confidential business information, including regarding the design and development of products
12 and internal organizational structure (see SAMNDCA10775880-82). This information is
13 confidential and proprietary, and could be used by competitors to the detriment of Samsung, its
14 suppliers, and/or its carrier partners. Accordingly, Samsung has designated the document
15 HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY under the Protective Order, and it
16 should be sealed.
17

30.

The original of Exhibit 15 to the Mazza Apex Declaration is a Korean-language

18 email chain and what Apple claims to be its English translation. They contain Samsung’s
19 confidential business information, including regarding marketplace analysis (see
20 SAMNDCA10911067, 69-70), financial data (see SAMNDCA10911070), and internal
21 organizational structure (see SAMNDCA10911067-69). This information is confidential and
22 proprietary, and could be used by competitors to the detriment of Samsung, its suppliers, and/or its
23 carrier partners. Accordingly, Samsung has designated the document HIGHLY CONFIDENTIAL
24 – ATTORNEYS’ EYES ONLY under the Protective Order, and it should be sealed.
25

31.

The original of Exhibit 16 to the Mazza Apex Declaration is a Korean-language

26 email chain and what Apple claims to be its English translation. They contain Samsung’s
27 confidential business information, including regarding the design and development of products
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1 (see, e.g., SAMNDCA10771080-83), relationship with a carrier partner (see, e.g., id.), and internal
2 organizational structure (see, e.g., SAMNDCA10771078-79). This information is confidential and
3 proprietary, and could be used by competitors to the detriment of Samsung, its suppliers, and/or its
4 carrier partners. Accordingly, Samsung has designated the document HIGHLY CONFIDENTIAL
5 – ATTORNEYS’ EYES ONLY under the Protective Order, and it should be sealed.
6

32.

The original of Exhibit 17 to the Mazza Apex Declaration is a Korean-language

7 email chain and what Apple claims to be its English translation. They contain Samsung’s
8 confidential business information, including regarding the design and development of products
9 (see SAMNDCA10764503-08), relationship with a carrier partner (see id.), and internal
10 organizational structure (see, e.g., SAMNDCA10764503). This information is confidential and
11 proprietary, and could be used by competitors to the detriment of Samsung, its suppliers, and/or its
12 carrier partners. Accordingly, Samsung has designated the document HIGHLY CONFIDENTIAL
13 – ATTORNEYS’ EYES ONLY under the Protective Order, and it should be sealed.
14

33.

The original of Exhibit 18 to the Mazza Apex Declaration is an excerpt from the

15 transcript of the February 3, 2012 deposition of Jinsoo Kim. It contains Samsung’s confidential
16 business information, including regarding the design and development of products (see, e.g., Tr. at
17 39:22-40:9) and internal organizational structure (see, e.g., Tr. at 34:2-36:7). This information is
18 confidential and proprietary, and could be used by competitors to the detriment of Samsung, its
19 suppliers, and/or its carrier partners. Accordingly, Samsung has designated this testimony
20 HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY under the Protective Order, and it
21 should be sealed.
22

34.

The original of Exhibit 19 to the Mazza Apex Declaration is a document containing

23 slides. It contains Samsung’s confidential business information regarding the results of a market
24 survey (see, e.g., SAMNDCA00533134-39). This information is confidential and proprietary, and
25 could be used by competitors to the detriment of Samsung, its suppliers, and/or its carrier partners.
26 Accordingly, Samsung has designated the document HIGHLY CONFIDENTIAL –
27 ATTORNEYS’ EYES ONLY under the Protective Order, and it should be sealed.
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1

35.

The original of Exhibit 20 to the Mazza Apex Declaration is a Korean-language

2 email chain and what Apple claims to be its English translation. They contain Samsung’s
3 confidential business information, including regarding the design and development of products
4 (see, e.g. SAMNDCA11115224-26), relationship with a carrier partner (see
5 SAMNDCA11115224-29), and internal organizational structure (SAMNDCA11115223). This
6 information is confidential and proprietary, and could be used by competitors to the detriment of
7 Samsung, its suppliers, and/or its carrier partners. Accordingly, Samsung has designated the
8 document HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY under the Protective
9 Order, and it should be sealed.
10

36.

The original of Exhibit 21 to the Mazza Apex Declaration is a Korean-language

11 email chain and what Apple claims to be its English translation. They contain Samsung’s
12 confidential business information, including regarding the design and development of products
13 (see SAMNDCA10185356-64), relationship with carrier partners (see id.), and internal
14 organizational structure (see, e.g., SAMNDCA10185256). This information is confidential and
15 proprietary, and could be used by competitors to the detriment of Samsung, its suppliers, and/or its
16 carrier partners. Accordingly, Samsung has designated the document HIGHLY CONFIDENTIAL
17 – ATTORNEYS’ EYES ONLY under the Protective Order, and it should be sealed.
18

37.

The original of Exhibit 22 to the Mazza Apex Declaration is a Korean-language

19 email chain and what Apple claims to be its English translation. They contain Samsung’s
20 confidential business information, including regarding the design and development of products
21 (see SAMNDCA10172484-86) and internal organizational structure (see id.). This information is
22 confidential and proprietary, and could be used by competitors to the detriment of Samsung, its
23 suppliers, and/or its carrier partners. Accordingly, Samsung has designated the document
24 HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY under the Protective Order, and it
25 should be sealed.
26

38.

The original of Exhibit 23 to the Mazza Apex Declaration is a Korean-language

27 email chain and what Apple claims to be its English translation. They contain Samsung’s
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1 confidential business information, including regarding the design and development of products
2 (see SAMNDCA10167858-65) and internal organizational structure (see id.). This information is
3 confidential and proprietary, and could be used by competitors to the detriment of Samsung, its
4 suppliers, and/or its carrier partners. Accordingly, Samsung has designated the document
5 HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY under the Protective Order, and it
6 should be sealed.
7

39.

The original of Exhibit 24 to the Mazza Apex Declaration is a Korean-language

8 email and what Apple claims to be its English translation. They contain Samsung’s confidential
9 business information, including regarding the design and development of products (see
10 SAMNDCA10181789-93), relationships with carrier partners (see, e.g., SAMNDCA1018179011 01), and pricing strategy (see, e.g., SAMNDCA10181790). This information is confidential and
12 proprietary, and could be used by competitors to the detriment of Samsung, its suppliers, and/or its
13 carrier partners. Accordingly, Samsung has designated the document HIGHLY CONFIDENTIAL
14 – ATTORNEYS’ EYES ONLY under the Protective Order, and it should be sealed.
15

40.

The original of Exhibit 25 to the Mazza Apex Declaration is a Korean-language

16 email chain and what Apple claims to be its English translation. They contain Samsung’s
17 confidential business information, including regarding the design and development of products
18 (see SAMNDCA10247568-70) and internal organizational structure (see id.). This information is
19 confidential and proprietary, and could be used by competitors to the detriment of Samsung, its
20 suppliers, and/or its carrier partners. Accordingly, Samsung has designated the document
21 HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY under the Protective Order, and it
22 should be sealed.
23

41.

The original of Exhibit 26 to the Mazza Apex Declaration is a Korean-language

24 email chain and what Apple claims to be its English translation. They contain Samsung’s
25 confidential business information, including regarding the design and development of products
26 (see SAMNDCA11023144-61), relationship with a carrier partner (see id.), and internal
27 organizational structure (see id.). This information is confidential and proprietary, and could be
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1 used by competitors to the detriment of Samsung, its suppliers, and/or its carrier partners.
2 Accordingly, Samsung has designated the document HIGHLY CONFIDENTIAL –
3 ATTORNEYS’ EYES ONLY under the Protective Order, and it should be sealed.
4

42.

The original of Exhibit 27 to the Mazza Apex Declaration is a Korean-language

5 email chain and what Apple claims to be its English translation. They contain Samsung’s
6 confidential business information regarding the design and development of products (see
7 SAMNDCA10320161-62). This information is confidential and proprietary, and could be used by
8 competitors to the detriment of Samsung, its suppliers, and/or its carrier partners. Accordingly,
9 Samsung has designated the document HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
10 ONLY under the Protective Order, and it should be sealed.
11

43.

The original of Exhibit 28 to the Mazza Apex Declaration is a Korean-language

12 email chain and what Apple claims to be its English translation. They contain Samsung’s
13 confidential business information, including regarding the design and development of products
14 (see SAMNDCA0053256063) and internal organizational structure (see id.). This information is
15 confidential and proprietary, and could be used by competitors to the detriment of Samsung, its
16 suppliers, and/or its carrier partners. Accordingly, Samsung has designated the document
17 HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY under the Protective Order, and it
18 should be sealed.
19

44.

The original of Exhibit 29 to the Mazza Apex Declaration is an email chain. It

20 contains Samsung’s confidential business information, including regarding Samsung financial
21 data, internal organizational structure, and business strategy (see S-ITC-500000322). This
22 information is confidential and proprietary, and could be used by competitors to the detriment of
23 Samsung, its suppliers, and/or its carrier partners. Accordingly, Samsung has designated the
24 document HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY under the Protective
25 Order, and it should be sealed.
26

45.

The original of Exhibit 30 to the Mazza Apex Declaration is a Korean-language

27 email chain and what Apple claims to be its English translation. They contain Samsung’s
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1 confidential business information, including regarding financial data (see, e.g., S-ITC-5000436092 10), relationships with carrier partners (see, e.g., id.), and product strategy (see, e.g., S-ITC3 500043608). This information is confidential and proprietary, and could be used by competitors
4 to the detriment of Samsung, its suppliers, and/or its carrier partners. Accordingly, Samsung has
5 designated the document HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY under the
6 Protective Order, and it should be sealed.
7

46.

The original of Exhibit 31 to the Mazza Apex Declaration is a Korean-language

8 email chain and what Apple claims to be its English translation. They contain Samsung’s
9 confidential business information, including regarding the design and development of products
10 (see SAMNDCA10248549-51) and internal organizational structure (see id.). This information is
11 confidential and proprietary, and could be used by competitors to the detriment of Samsung, its
12 suppliers, and/or its carrier partners. Accordingly, Samsung has designated the document
13 HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY under the Protective Order, and it
14 should be sealed.
15

47.

The original of Exhibit 32 to the Mazza Apex Declaration is an excerpt from the

16 transcript of the February 29, 2012 deposition of Heonseok Lee. It contains Samsung’s
17 confidential business information, including regarding the design and development of products
18 (see, e.g., Tr. at 24:3-29:4) and internal organizational structure (see, e.g., Tr. at 8:17-9:4). This
19 information is confidential and proprietary, and could be used by competitors to the detriment of
20 Samsung, its suppliers, and/or its carrier partners. Accordingly, Samsung has designated this
21 testimony HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY under the Protective
22 Order, and it should be sealed.
23

48.

The original of Exhibit 34 to the Mazza Apex Declaration is a letter from counsel

24 for Apple to counsel for Samsung. The letter discusses various documents and a deposition. It
25 contains Samsung’s confidential business information, including regarding the design and
26 development of products (see pp. 2-5), and it should be sealed.
27
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1

49.

The original of Exhibit 35 to the Mazza Apex Declaration is an excerpt from the

2 transcript of the March 7, 2012 deposition of Seong Hee Hwang. It contains Samsung’s
3 confidential business information, including regarding the design and development of products
4 (see, e.g., Tr. at 27:16-28:2; 31:10-14; 48:4-7). This information is confidential and proprietary,
5 and could be used by competitors to the detriment of Samsung, its suppliers, and/or its carrier
6 partners. Accordingly, Samsung has designated this testimony HIGHLY CONFIDENTIAL –
7 ATTORNEYS’ EYES ONLY under the Protective Order, and it should be sealed.
8

50.

The original of Exhibit 38 to the Mazza Apex Declaration is an excerpt from the

9 transcript of the March 8, 2012 deposition of Kiwon Lee. It contains Samsung’s confidential
10 business information, including regarding the design and development of products and internal
11 organizational structure (see, e.g., Tr. at 5:24-25; 22:1-20; 23:13-25:1). This information is
12 confidential and proprietary, and could be used by competitors to the detriment of Samsung, its
13 suppliers, and/or its carrier partners. Accordingly, Samsung has designated this testimony
14 HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY under the Protective Order, and it
15 should be sealed.
16

51.

The original of Exhibit 39 to the Mazza Apex Declaration is an excerpt from the

17 transcript of the March 1, 2012 deposition of Sungsik Lee. It contains Samsung’s confidential
18 business information regarding the design and development of products (see, e.g., Tr. at 64:10-13;
19 65:7-66:2) and internal organizational structure (see, e.g., Tr. at 9:11-12). This information is
20 confidential and proprietary, and could be used by competitors to the detriment of Samsung, its
21 suppliers, and/or its carrier partners. Accordingly, Samsung has designated this testimony
22 HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY under the Protective Order, and it
23 should be sealed.
24

52.

The original of Exhibit 40 to the Mazza Apex Declaration is an excerpt from the

25 transcript of the March 7, 2012 deposition of Dong Hoon Chang. It contains Samsung’s
26 confidential business information, including regarding product strategy (see, e.g., Tr. at 79:2427 80:2; 83:10-89:11; 91:4-93:13; 117:1-10) and internal organizational structure (see, e.g., Tr. at
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1 89:14-91:3; 117:12-118:1). This information is confidential and proprietary, and could be used by
2 competitors to the detriment of Samsung, its suppliers, and/or its carrier partners. Accordingly,
3 Samsung has designated this testimony HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
4 ONLY under the Protective Order, and it should be sealed.
5

53.

The confidential, unredacted version of the Mazza Apex Declaration discusses

6 and/or refers to information described in paragraphs 20 to 52 above, and therefore should be
7 sealed for the same reasons.
8

54.

The confidential, unredacted version of Apple’s Apex Reply discusses and/or refers

9 to information described in paragraphs 20 to 53 above, paragraphs 3-15 of the Declaration of
10 Hankil Kang in Support of Samsung’s Administrative Motion to File Documents Under Seal (Dkt.
11 754-1); paragraphs 2-3 of the Declaration of Hankil Kang in Support of Samsung’s Administrative
12 Motion to File Documents Under Seal (Dkt. 773-2), and/or paragraphs 2-30 of the Declaration of
13 Melissa Chan in Support of Apple’s Administrative Motion to File Documents Under Seal (Dkt.
14 791), and should be sealed for the same reasons.
15

Docket Nos. 822 and 824

16

55.

The original of Exhibit A to the Olson Declaration is a copy of a document

17 produced by Samsung in ITC Investigation No. 337-TA-796 (“796 Investigation”) bearing Bates
18 label S-ITC-500005400. This document, which Samsung has designated CONFIDENTIAL
19 BUSINESS INFORMATION under the Protective Order in the 796 Investigation, contains highly
20 sensitive financial information concerning Samsung’s methodology for inventory forecasting, the
21 accuracy of that methodology and ways to improve it. This document also contains information
22 relating to the value of Samsung’s inventories, Samsung’s production planning and means of
23 procurement, lead times for procurement, Samsung’s weekly sales data, and bills of materials for
24 certain Samsung products. This information is confidential and proprietary to Samsung, and could
25 be used by competitors to its detriment if not filed under seal.
26

56.

The original of Exhibit D to the Olson Declaration consists of excerpts from the

27 March 10, 2012 deposition transcript of JaeHwang Sim, a vice president in the Management
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1 Support Team of Samsung Electronics Co., Ltd. (“SEC”). This document, which Samsung has
2 designated HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY under the Protective
3 Order, contains sensitive information relating to the accounting and financial methods or
4 conventions followed by Samsung in the ordinary course of business, Samsung’s Samsung’s
5 record keeping and its financial data. This information is confidential and proprietary to Samsung,
6 and could be used by competitors to its detriment if not filed under seal.
7

57.

The original of Exhibit I to the Olson Declaration, filed on March 20, 2012 as

8 Docket No. 822-7, consists of excerpts from the February 29, 2012 deposition transcript of
9 Timothy Sheppard, Vice President of Finance and Operations at Samsung Telecommunications
10 America, LLC (“STA”). This document, which Samsung has designated HIGHLY
11 CONFIDENTIAL – ATTORNEY’S EYES ONLY under the Protective Order, contains sensitive
12 information relating financial documents prepared by Samsung in the ordinary course of business,
13 Samsung’s recordkeeping, as well as Samsung’s revenues, unit sales, profits, and costs of goods
14 sold. This information is confidential and proprietary to Samsung, and could be used by
15 competitors to the detriment of Samsung if not filed under seal.
16

58.

The confidential, unredacted version of the Olson Declaration discusses numerous

17 documents produced by Samsung in this litigation and designated HIGHLY CONFIDENTIAL –
18 ATTORNEY’S EYES ONLY under the Protective Order. The Olson Declaration reveals the
19 contents of these sensitive financial documents, which include financial statements, market
20 analyses, and profit and loss statements. Examples of the documents discussed in the Olson
21 Declaration were previously filed under seal, and therefore the Olson Declaration should be filed
22 under seal for the reasons set forth in paragraphs 3 – 6, 9 and 10 of the Declaration of Joby Martin
23 in Support of Samsung’s Administrative Motion to File Documents Under Seal (Dkt. No. 801-1).
24

59.

The original of Exhibit A to the Roberts Declaration is a translated copy of a

25 document produced by Samsung in this litigation, bearing Bates label SAMNDCA10198194.
26 This document, which Samsung has designated HIGHLY CONFIDENTIAL – ATTORNEY’S
27 EYES ONLY under the Protective Order, contains detailed information concerning Samsung’s
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1 unit sales, profit and loss, and average selling prices. This document further contains information
2 relating to Samsung’s financial goals for its U.S. operations and planned responses to market
3 developments. This information is confidential and proprietary to Samsung, and could be used by
4 competitors to the detriment of Samsung if not filed under seal.
5

60.

The original of Exhibit B to the Roberts Declaration is a copy of a document

6 produced by Samsung in this litigation, bearing Bates label SAMNDCA00322209. This
7 document, which Samsung has designated HIGHLY CONFIDENTIAL – ATTORNEY’S EYES
8 ONLY under the Protective Order, contains sensitive commercial information concerning
9 Samsung’s accounting methods, as well as statements of STA's financial position, assets, income,
10 revenues, costs of goods sold, profit and operating expenses. This information is confidential and
11 proprietary to Samsung, and could be used by competitors to the detriment of Samsung if not filed
12 under seal.
13

61.

The original of Exhibit C to the Roberts Declaration is a copy of a document

14 produced by Samsung in the ITC 796 Investigation, bearing Bates label SAMNDCA00322209.
15 This document, which Samsung has designated CONFIDENTIAL BUSINESS INFORMATION
16 under the Protective Order in the 796 Investigation, contains highly sensitive information
17 concerning the components of Samsung’s products, the price Samsung pays for those components.
18 This information is confidential and proprietary, and could be used by competitors to the detriment
19 of Samsung and its suppliers if not filed under seal.
20

62.

The confidential, unredacted version of the Roberts Declaration reveals the

21 contents of financial spreadsheets produced by Samsung in this litigation, as well as the manner in
22 which Samsung maintains its financial database. This information is confidential and proprietary
23 to Samsung, and could be used by competitors to the detriment of Samsung if not filed under seal.
24

63.

The original of Exhibit 9 to the Kim Declaration is a copy of Apple Inc.’s

25 Objections and Responses to Samsung Electronics Co. Ltd.’s First Set of Interrogatories to Apple
26 Inc. This document, which has been designated HIGHLY CONFIDENTIAL – ATTORNEY’S
27 EYES ONLY under the Protective Order, contains information relating to confidential
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1 negotiations between the parties and Apple’s claims for damages. This information is confidential
2 and proprietary to Samsung, and could be used by competitors to the detriment of Samsung if not
3 filed under seal.
4

64.

The original of Exhibit 16 to the Kim Declaration is a copy of a document

5 produced by Samsung in this litigation, bearing Bates label SAMNDCA00315873. This
6 document, which has been designated HIGHLY CONFIDENTIAL – ATTORNEY’S EYES
7 ONLY under the Protective Order, contains information concerning Samsung’s public relations
8 campaign prior to the launch of Samsung’s Galaxy S II Epic 4G Touch product, and reveals
9 Samsung’s marketing strategies, advertising budgets, and sales targets. This information is
10 confidential and proprietary to Samsung, and could be used by competitors to the detriment of
11 Samsung if not filed under seal.
12

65.

The original of Exhibit 17 to the Kim Declaration is a copy of a document

13 produced by Samsung in this litigation, bearing Bates label SAMNDCA11120929. This
14 document, which has been designated HIGHLY CONFIDENTIAL – ATTORNEY’S EYES
15 ONLY under the Protective Order, contains sensitive information concerning the design and
16 development process leading to the launch of Samsung’s Galaxy S II Skyrocket product and the
17 operation of Samsung’s TouchWiz interface. This information is confidential and proprietary to
18 Samsung, and could be used by competitors to the detriment of Samsung if not filed under seal.
19

66.

The original of Exhibit 18 to the Kim Declaration is a copy of a document

20 produced by Samsung in this litigation, bearing Bates label SAMNDCA00522001. This
21 document, which has been designated HIGHLY CONFIDENTIAL – ATTORNEY’S EYES
22 ONLY under the Protective Order, contains sensitive information concerning Samsung’s Galaxy
23 Tab 10.1 LTE product, namely Samsung’s product planning efforts, specifications, material costs,
24 marketing strategies and sales targets. This information is confidential and proprietary to
25 Samsung, and could be used by competitors to the detriment of Samsung if not filed under seal.
26

67.

The confidential, unredacted version of Apple’s Damages Sanctions Reply

27 summarizes, describes, or directly cites to the confidential Olson Declaration, the confidential
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1 Roberts Declaration, and the confidential exhibits discussed in paragraphs 55 to 66. Therefore,
2 this document should remain under seal for the same reasons articulated above.
3

Docket No. 845

4

68.

Exhibit D to the Pernick Declaration is a copy of a document produced by Samsung

5 in this litigation, bearing Bates label SAMNDCA00324067. This document contains sensitive
6 information concerning changes and updates made to the source code of the accused products, and
7 directly cites Samsung source code. This information is confidential and proprietary to Samsung,
8 and could be used by competitors to the detriment of Samsung if not filed under seal.
9
10

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

11 knowledge.
12

Executed this 20th day of June, 2012, in Suwon, South Korea.

13
14
15
16
17

Hankil Kang

18
19
20
21
22
23
24
25
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