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

Filing 1129

MOTION for Reconsideration re 1115 Order on Motion for Miscellaneous Relief,,,,,, #1105 Order on Administrative Motion to File Under Seal,,,,,,,,, filed by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Attachments: #1 Exhibit to Samsung's Motion, #2 Declaration of Hankil Kang in Support of Samsung's Motion, #3 Exhibit 1 to the Kang Declaration, #4 Exhibit 2 to the Kang Declaration, #5 Exhibit 3 to the Kang Declaration, #6 Exhibit 4 to the Kang Declaration, #7 Exhibit 5 to the Kang Declaration, #8 Exhibit 6 to the Kang Declaration, #9 Exhibit 7 to the Kang Declaration, #10 Exhibit 8 to the Kang Declaration, #11 Exhibit 9 to the Kang Declaration, #12 Exhibit 10 to the Kang Declaration, #13 Exhibit 11 to the Kang Declaration, #14 Exhibit 12 to the Kang Declaration, #15 Exhibit 13 to the Kang Declaration, #16 Exhibit 14 to the Kang Declaration, #17 Exhibit 15 to the Kang Declaration, #18 Exhibit 16 to the Kang Declaration, #19 Exhibit 17 to the Kang Declaration, #20 Proposed Order Granting Samsung's Motion for Reconsideration)(Maroulis, Victoria) (Filed on 6/25/2012)

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Bar No. 170151)
2 [e-mail]
50 California Street, 22nd Floor
3 San Francisco, California 94111
Telephone: [phone]
4 Facsimile: [phone]
5 Kevin P.B. Johnson (Bar No. 177129)
[e-mail]
6 Victoria F. Maroulis (Bar No. 202603)
[e-mail]
th
7 555 Twin Dolphin Drive, 5 Floor
Redwood Shores, California 94065-2139
8 Telephone: [phone]
Facsimile: [phone]
9
Michael T. Zeller (Bar No. 196417)
10 [e-mail]
865 S. Figueroa St., 10th Floor
11 Los Angeles, California 90017
Telephone: [phone]
12 Facsimile: [phone]
13 Attorneys for SAMSUNG ELECTRONICS CO.,
LTD., SAMSUNG ELECTRONICS AMERICA,
14 INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC
15
16

UNITED STATES DISTRICT COURT

17

NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

18
19 APPLE INC., a California corporation,
Plaintiff,

20
21

vs.

22 SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity; SAMSUNG
23 ELECTRONICS AMERICA, INC., a New
York corporation; SAMSUNG
24 TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,
25
Defendants.
26

CASE NO. 11-cv-01846-LHK (PSG)
DECLARATION OF HANKIL KANG IN
SUPPORT OF SAMSUNG’S MOTION
FOR RECONSIDERATION AND
APPLE’S MOTIONS TO FILE UNDER
SEAL (DKT. NOS. 769, 799, 822, 824, AND
845)
Judge: The Hon. Paul S. Grewal
Courtroom: 5, 4th Floor

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Case No. 11-cv-01846-LHK
KANG DECLARATION IN SUPPORT OF SAMSUNG’S MOTION FOR RECONSIDERATION & APPLE’S
MOTIONS TO 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 Samsung’s Motion for
4 Reconsideration of the Court’s June 21, 2012 Order (Dkt. No. 1115) and Apple’s Administrative
5 Motions to File Documents Under Seal (Dkt. Nos. 769, 799, 822, 824, and 845), to establish that
6 the following are sealable:
7

•

Portions of Exhibits C, D, and E to the Reply Declaration of Minn Chung in Support of

8

Apple’s Motion for Rule 37(b)(2) Sanctions for Samsung’s Violation of Two

9

Discovery Orders (“Chung Declaration”) (Dkt. No. 769);

10

•

Portions of Exhibit Nos. 26, 30, 35, and 38 to the Declaration of Mia Mazza in Support

11

of Apple’s Combined Reply in Support of its Motion to Compel Depositions of

12

Samsung’s Purported “Apex” Witnesses and Opposition to Samsung’s Motion for a

13

Protective Order (“Mazza Declaration”) (Dkt. No. 799);

14

•

Portions of the unredacted version of Apple’s Reply Brief in Support of Rule 37(b)(2)

15

Motion Re: Samsung’s Violation of January 27, 2012 Damages Discovery Order

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

17

•

18
19

Portions of Exhibits A and I to the Declaration of Erik J. Olson in Support of Apple’s
Damages Sanctions Reply (“Olson Damages Declaration”) (Dkt. No. 822);

•

Portions of the unredacted version of the Declaration of Eric R. Roberts in Support of

20

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

21

- C thereto (Dkt. No. 822);

22

•

23
24

Portions of Exhibits 16 and 18 to the Declaration of Grant Kim in Support of Apple’s
Damages Sanctions Reply (“Kim Declaration”) (Dkt. No. 822); and

•

Portions of Exhibit D to the Reply Declaration of Marc J. Pernick in Support of

25

Apple’s Rule 37(b)(2) Motion Based on Samsung’s Violation of the Court’s December

26

22, 2011 Order Regarding Source Code (“Pernick Declaration”) (Dkt. No. 845).

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Case No. 11-cv-01846-LHK
KANG DECLARATION IN SUPPORT OF SAMSUNG’S MOTION FOR RECONSIDERATION & APPLE’S
MOTIONS TO SEAL

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1

DECLARATION OF HANKIL KANG

2

I, Hankil Kang, do hereby declare as follows:

3

1.

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

4 support of Samsung’s Motion for Reconsideration of the Court’s June 21, 2012 Order (Dkt. No.
5 1115) and Apple’s Administrative Motions to File Documents Under Seal (Dkt. Nos. 769, 799,
6 822, 824, and 845). I have personal knowledge of the facts set forth in this Declaration and, if
7 called as a witness, could and would competently testify to them.
8

2.

Exhibits C, D and E to the Chung Declaration are emails which were produced by

9 Samsung in this matter with the designation HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
10 ONLY. The portions of these documents, and their translations, that Samsung requests be sealed
11 reveal strategies and proposals regarding the design and development of technical features of
12 Samsung’s products, as well as the specific source code files and algorithms used to implement
13 those features. This information is confidential and proprietary to Samsung, and could be used to
14 its disadvantage by competitors if it were not filed under seal. The reasons why each portion of
15 each document should be sealed are explained in the table below and proposed redacted versions
16 of these documents are attached as Exhibits 1, 2, and 3.
17

3.

Exhibit Nos. 26 and 30 to the Mazza Declaration are emails which were produced

18 by Samsung in this matter with the designation HIGHLY CONFIDENTIAL – ATTORNEYS’
19 EYES ONLY. The portions of these documents, and their translations, that Samsung requests be
20 sealed reveal strategies and proposals regarding the design and development of technical features
21 of Samsung’s products, as well as the specific source code files and algorithms used to implement
22 those features. This information is confidential and proprietary to Samsung, and could be used to
23 its disadvantage by competitors if it were not filed under seal. The reasons why each portion of
24 each document should be sealed are explained in the table below and proposed redacted versions
25 of these documents are attached as Exhibits 4 and 5.
26

4.

Exhibit Nos. 35 and 38 to the Mazza Declaration are excerpts from the transcripts

27 of the March 7, 2012 deposition of Seong Hee Hwang and the March 8, 2012 deposition of Kiwon
28
Case No. 11-cv-01846-LHK
KANG DECLARATION IN SUPPORT OF SAMSUNG’S MOTION FOR RECONSIDERATION & APPLE’S
MOTIONS TO SEAL

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1 Lee, respectively. These transcripts have been designated HIGHLY CONFIDENTIAL –
2 ATTORNEYS’ EYES ONLY by Samsung. The portions of the excerpts that Samsung requests be
3 sealed reveal strategies and proposals regarding the design and development of technical features
4 of Samsung’s products, as well as the specific source code files and algorithms used to implement
5 those features. This information is confidential and proprietary to Samsung, and could be used to
6 its disadvantage by competitors if it were not filed under seal. The reasons why each portion of
7 each excerpt should be sealed are explained in the table below and proposed redacted versions of
8 these excerpts are attached as Exhibits 6 and 7.
9

5.

The limited portions of Apple’s Damages Sanctions Reply that Samsung requests

10 be sealed contain Samsung’s highly confidential financial data. This information was derived by
11 Apple from documents produced by Samsung in this matter with the designation HIGHLY
12 CONFIDENTIAL – ATTORNEYS’ EYES ONLY. The financial data, including specific
13 information about Samsung’s profits, is confidential and proprietary to Samsung, and could be
14 used to its disadvantage by competitors if it were not filed under seal. The reasons why each
15 portion of the document should be sealed are explained in the table below and a proposed redacted
16 version of the document is attached as Exhibit 8.
17

6.

Exhibit A to the Olson Damages Declaration is a document produced by Samsung

18 in a related investigation before the International Trade Commission (“ITC”) with the designation
19 CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER. The
20 portions of the document that Samsung requests be sealed reveal information about Samsung’s
21 supply chain, inventory management, and confidential financial data, including past performance
22 and future projections related to Samsung’s inventory management, and specific financial
23 information about material costs. This information is confidential and proprietary to Samsung,
24 and could be used to its disadvantage by competitors if it were not filed under seal. The reasons
25 why each portion of the document should be sealed are explained in the table below and a
26 proposed redacted version of the document is attached as Exhibit 9.
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Case No. 11-cv-01846-LHK
KANG DECLARATION IN SUPPORT OF SAMSUNG’S MOTION FOR RECONSIDERATION & APPLE’S
MOTIONS TO SEAL

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1

7.

Exhibit I to the Olson Damages Declaration is an excerpt from the transcript of the

2 February 29, 2012 deposition of Timothy Sheppard. This transcript has been designated HIGHLY
3 CONFIDENTIAL-ATTORNEYS’ EYES ONLY by Samsung. The portions of the excerpt that
4 Samsung requests be sealed contain highly confidential and commercially sensitive Samsung
5 business information, including specific information about Samsung’s profits. This information is
6 confidential and proprietary to Samsung, and could be used to its disadvantage by competitors if it
7 were not filed under seal. The reasons why each portion of the excerpt should be sealed are
8 explained in the table below and a proposed redacted version of the excerpt is attached as Exhibit
9 10.
10

8.

The limited portions of the Roberts Declaration that Samsung requests be sealed

11 contain Samsung’s highly confidential financial data. This information was derived by Apple
12 from documents produced by Samsung in this matter with the designation HIGHLY13 CONFIDENTIAL ATTORNEYS’ EYES ONLY. The financial data, including specific
14 information about Samsung’s profits, is confidential and proprietary to Samsung, and could be
15 used to its disadvantage by competitors if it were not filed under seal. The reasons why each
16 portion of the document should be sealed are explained in the table below and a proposed redacted
17 version of the document is attached as Exhibit 11.
18

9.

Exhibits A-C to the Roberts Declaration are documents produced by Samsung in

19 this matter and in a related investigation before the ITC with the designation HIGHLY
20 CONFIDENTIAL – ATTORNEYS’ EYES ONLY and CONFIDENTIAL BUSINESS
21 INFORMATION, SUBJECT TO PROTECTIVE ORDER. The portions of the documents that
22 Samsung requests be sealed reveal Samsung’s financial data. This information is confidential and
23 proprietary to Samsung, and could be used to its disadvantage by competitors if it were not filed
24 under seal. The reasons why each portion of each document should be sealed are explained in the
25 table below and proposed redacted versions of these documents are attached as Exhibits 12, 13,
26 and 14.
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Case No. 11-cv-01846-LHK
KANG DECLARATION IN SUPPORT OF SAMSUNG’S MOTION FOR RECONSIDERATION & APPLE’S
MOTIONS TO SEAL

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1

10.

Exhibits 16 and 18 to the Kim Declaration are documents produced by Samsung in

2 this matter with the designation HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.
3 The limited portions of these documents that Samsung requests be sealed reveal Samsung’s highly
4 confidential and commercially sensitive financial data. This information is confidential and
5 proprietary to Samsung, and could be used to its disadvantage by competitors if it were not filed
6 under seal. The reasons why each portion of each document should be sealed are explained in the
7 table below and proposed redacted versions of these documents are attached as Exhibits 15 and 16.
8

11.

Exhibit D to the Pernick Declaration is a document produced by Samsung in this

9 matter with the designation HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY. The
10 portions of this document that Samsung requests be sealed reveal strategies and proposals
11 regarding the design and development of technical features of Samsung’s products, as well as the
12 specific source code and algorithms used to implement those features. This information is
13 confidential and proprietary to Samsung, and could be used to its disadvantage by competitors if it
14 were not filed under seal. The reasons why each portion of the document should be sealed are
15 explained in the table below and a proposed redacted version of the document is attached as
16 Exhibit 17.
17

12.

The following table describes the reasons why each portion of each document

18 Samsung requests be sealed should be sealed.
19
20
21
22

Dkt.
No.

Document

Pages with
Redactions

769

Chung Decl., Ex. C

Bates -604-06

Confidential Samsung information regarding
algorithm used for certain features on Samsung
smartphones.

Chung Decl., Ex. D

Bates -822-23

Confidential Samsung information regarding
Samsung’s source code.

Chung Decl., Ex. E

Bates -706

Confidential Samsung information regarding
Samsung’s source code.

23
24
25
26
27

Reason

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Case No. 11-cv-01846-LHK
KANG DECLARATION IN SUPPORT OF SAMSUNG’S MOTION FOR RECONSIDERATION & APPLE’S
MOTIONS TO SEAL

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1
2
3

Dkt.
No.
799

Document

Pages with
Redactions

Reason

Mazza Decl., Ex. 26 Bates -144-63

Confidential Samsung information regarding
features included in Samsung’s unreleased
products and/or for a certain carrier partner.

Mazza Decl., Ex. 30 Bates -609-10

Confidential Samsung financial information
regarding Samsung’s market share and total
sales.

Mazza Decl., Ex. 35 27-28, 31-33,
46

Confidential Samsung information regarding
Samsung’s source code.

Mazza Decl., Ex. 38

22-25

Confidential Samsung information regarding
Samsung’s source code.

1, 4 n.2, 6, 14

12

Apple’s Damages
Sanctions Reply

Confidential Samsung financial information
regarding Samsung’s profits.

13

Olson Decl., Ex. A

Bates -401-11,
414, 417-22,
427-28

Confidential Samsung financial information
regarding Samsung’s supply chain and
inventory management, including past
performance and future projections.

Bates -412-13,
415-16

Confidential Samsung financial information
regarding Samsung’s material costs.

88, 123-25,
146

Confidential Samsung financial information
regarding Samsung’s sales and profits.

19

Olson Decl., Ex. I
(see also Dkt. No.
824 (moving to seal
Olson Decl., Ex. I))

20

Roberts Decl.

5-7, 9-11

Confidential Samsung financial information
regarding Samsung’s sales and profits.

Roberts Decl., Ex. A

Bates -194266, -269-72, 274-748, -28082, -284, -286,
-288-91, -29397, -299-301, 303, -305-07, 309-11, -31315, -317, -319,
-321, -323-77
(includes

Confidential Samsung financial information,
including information regarding Samsung’s
profits, material costs, and market share.

4
5
6
7
8
9
10
11

822

14
15
16
17
18

21
22
23
24
25
26
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Case No. 11-cv-01846-LHK
KANG DECLARATION IN SUPPORT OF SAMSUNG’S MOTION FOR RECONSIDERATION & APPLE’S
MOTIONS TO SEAL

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1
2

Dkt.
No.

Document

3

Pages with
Redactions

Reason

several
unmarked
pages).

4
5

Roberts Decl., Ex.
B

Bates -212-38

6

Confidential Samsung internal financial
statements.

7

Roberts Decl., Ex. C

Bates -394-455

Confidential Samsung financial information
regarding Samsung’s material costs.

Kim Decl., Ex. 16

Bates -873-74

Confidential Samsung financial information
regarding Samsung’s marketing costs and
estimated sales.

Kim Decl., Ex. 18

Bates -002

Confidential Samsung financial information
regarding Samsung’s material costs.

Pernick Decl., Ex. D

Last column
only.

Confidential Samsung information regarding
Samsung’s source code.

8
9
10
11
12
13

845

14
15
16

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

17 knowledge.
18

Executed this 25th day of June, 2012, in Suwon, South Korea.

19
20
21
22
23

Hankil Kang

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25
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Case No. 11-cv-01846-LHK
KANG DECLARATION IN SUPPORT OF SAMSUNG’S MOTION FOR RECONSIDERATION & APPLE’S
MOTIONS TO SEAL

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