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

Filing 1150

MOTION for Extension of Time and to Seal Documents re #1024 Administrative Motion to File Under Seal Documents Re Apples Opposition To Samsungs Motion For Summary Judgment, #1022 Administrative Motion to File Under Seal Documents Re Apples Opposition To Samsungs Motion For Summary Judgment, #1020 Administrative Motion to File Under Seal Documents Under Seal Re Apples Opposition To Samsungs Motion For Summary Judgment, #1023 Administrative Motion to File Under Seal Documents Re Apples Opposition To Samsungs Motion For Summary Judgment, #925 Administrative Motion to File Under Seal Apple's Motion for Summary Judgment of Non-Infringement of U.S. Patent Number 7,362,867 and Invalidity of U.S. Patent Numbers 7,456,893 and 7,577,460, #1013 Administrative Motion to File Under Seal Documents Under Seal Re Apples Opposition To Samsungs Motion For Summary Judgment 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 7/2/2012. (Attachments: #1 Exhibit 1 to Samsung's Motion, #2 Declaration of Anthony P. Alden in Support of Samsung's Motion, #3 Exhibit 1 to the Alden Declaration, #4 Declaration of Hankil Kang in Support of Samsung's Motion, #5 Exhibit 1 to the Kang Declaration, #6 Exhibit 2 to the Kang Declaration, #7 Exhibit 3 to the Kang Declaration, #8 Exhibit 4 to the Kang Declaration, #9 Exhibit 5 to the Kang Declaration, #10 Exhibit 6 to the Kang Declaration, #11 Exhibit 7 to the Kang Declaration, #12 Exhibit 8 to the Kang Declaration, #13 Exhibit 9 to the Kang Declaration, #14 Exhibit 10 to the Kang Declaration, #15 Exhibit 11 to the Kang Declaration, #16 Exhibit 12 to the Kang Declaration, #17 Exhibit 13 to the Kang Declaration, #18 Exhibit 14 to the Kang Declaration, #19 Exhibit 15 to the Kang Declaration, #20 Exhibit 16 to the Kang Declaration, #21 Exhibit 17 to the Kang Declaration, #22 Exhibit 18 to the Kang Declaration Pt. 1 of 5, #23 Exhibit 18 to the Kang Declaration Pt. 2 of 5, #24 Exhibit 18 to the Kang Declaration Pt. 3 of 5, #25 Exhibit 18 to the Kang Declaration Pt. 4 of 5, #26 Exhibit 18 to the Kang Declaration Pt. 5 of 5, #27 Exhibit 19 to the Kang Declaration, #28 Exhibit 20 to the Kang Declaration, #29 Exhibit 21 to the Kang Declaration, #30 Exhibit 22 to the Kang Declaration, #31 Exhibit 23 to the Kang Declaration, #32 Exhibit 24 to the Kang Declaration, #33 Exhibit 25 to the Kang Declaration, #34 Exhibit 26 to the Kang Declaration, #35 Exhibit 27 to the Kang Declaration, #36 Exhibit 28 to the Kang Declaration, #37 Proposed Order Granting Samsung's Miscellaneous Administrative Request)(Maroulis, Victoria) (Filed on 6/28/2012)

EXHIBIT 1

Table A - Documents Not to Be Filed Under Seal
Docket Entry
925

Documents Not to Be Filed Under Seal
The unredacted version of Apple’s Notice of Motion and Motion for Summary Judgment of Non-Infringement
of U.S. Patent Number 7,362,867 and Invalidity of U.S. Patent Numbers 7,456,893 and 7,577,460 (“Apple’s
MSJ”).
Exhibit Nos. 4, 5, 7, 9, 12-16, and 26 to the Declaration of Mark D. Selwyn in Support of Apple’s MSJ
(“Selwyn Declaration”).

1013

Exhibit No. 8 to the Declaration of Karl Kramer in Support of Apple’s Opposition to Samsung’s Motion for
Summary Judgment (“Apple’s MSJ Opposition”) (“Kramer Declaration”).
Exhibits H-K, and P-R to the Declaration of Michel Maharbiz, Ph.D. in Support of Apple’s MSJ Opposition
(“Maharbiz Declaration”).

1020

Exhibit Nos. 7, 21, 25, 33-35, 37, 38, 40-42, 45-47, 63, 65, 66, 68, 69, 71, and 72 to the Declaration of Jason
Bartlett in Support of Apple’s MSJ Opposition (“Bartlett Declaration”).

1022

Exhibit Nos. 21, 22, 25-30, 32-35, 39-41, 69, and 71 to the Declaration of Peter W. Bressler in Support of
Apple’s MSJ Opposition (“Bressler Declaration”).

1024

Exhibit No. 2 to the Declaration of Dr. Karan Singh, Ph.D. in Support of Apple’s MSJ Opposition (“Singh
Declaration”).
Exhibits C and J to the Declaration of Terry L. Musika in Support of Apple’s MSJ Opposition (“Musika
Declaration”).

1

Table B – Portions of Documents To Be Sealed
Dkt. No.

925

Document

Pages with
Redactions

Reasons for Sealing

p. 56

Confidential Samsung information relating to the efforts of Samsung engineers
to integrate certain technologies into a single portable electronic device.

Selwyn
Decl., Ex.
17

pp. 4-9

Confidential Samsung information relating to valuations of Samsung's patented
technologies.

Selwyn
Decl., Ex.
22
1013

Selwyn
Decl., Ex.
10

p. 92

Confidential Samsung information relating to the efforts of Samsung engineers
to integrate certain technologies into a single portable electronic device.

Kramer
Decl., Ex. 3

p. 6

Confidential Samsung information regarding the structure and operation of the
touchscreen panels, touchscreen controllers, and integrated circuits of certain of
the Samsung accused products.

Kramer
Decl., Ex. 4

pp. 6-8

Confidential Samsung information regarding the structure and operation of the
touchscreen panels, touchscreen controllers, and integrated circuits of certain of
the Samsung accused products.

Kramer
Decl., Ex.
10

pp. 9, 14-16

Confidential Samsung information regarding operation of the touchscreens of
certain Samsung accused products, including specific source code modules
which execute certain functions when the accused products receive user input.

Maharbiz
Decl., Ex. C

Bates Nos. -768-83

Confidential Samsung information regarding structure and operation of the
touchscreens of certain Samsung accused products.

2

Dkt. No.

Pages with
Redactions

Maharbiz
Decl., Ex. D

Bates Nos. -286-301

Confidential Samsung information regarding the structure and operation of the
touchscreens of certain Samsung accused products.

Maharbiz
Decl., Ex. L

Bates No. -09596, -098

Confidential Samsung information regarding Samsung’s strategies in expanding
the market for touchscreen devices, as well as Samsung’s actual and projected
sales of devices with capacitative and resistive touchscreen panels.

Maharbiz
Decl., Ex.
M

Bates Nos. -827-70

Confidential Samsung information regarding the structure, operation and
capabilities of the touchscreen panels manufactured by Atmel and incorporated
into certain Samsung products, as well as the circuitry and controller chips
comprising those touchscreen panels.

Maharbiz
Decl., Ex. N

Bates Nos. -465-66

Confidential Samsung information regarding the touchscreen panels
manufactured by Atmel and incorporated into certain Samsung products,
including information relating to the structure and operation of those
touchscreen panels, advantages over competitors' products, and Atmel's
manufacturing and quality control processes.

Maharbiz
Decl., Ex. O

Bates No. -873, -883

Confidential Samsung financial data relating to Samsung’s materials costs and
internal analysis of component costs in the marketplace.

Maharbiz
Decl., Ex. S
1020

Document

Reasons for Sealing

Bates
Nos. -931, -932, -934

Confidential Samsung information regarding the non-public technical
specifications of tablet products, including unreleased products.

Bartlett
Decl., Ex.
22

Bates Nos. -899902, -904-09

Confidential Samsung information regarding specific design, pricing, and
marketing strategy.

3

Dkt. No.

Document

Pages with
Redactions

Reasons for Sealing

Bartlett
Decl., Ex.
30

pp. 38-53

Confidential Samsung information regarding the operation of the touchscreens
of certain Samsung accused products, including specific source code modules
which execute certain functions when the accused products receive user input.

Bartlett
Decl., Ex.
36

pp. 76-81, 87-90

Confidential Samsung information regarding products which have not yet been
released in the United States, as well as design guidelines which Samsung
currently applies in the process of designing products which have not yet been
released to the public.

Bartlett
Decl., Ex.
39

pp. 151-52, 169-70

Confidential Samsung information regarding products which have not yet been
released in the United States, as well as design guidelines which Samsung
currently applies in the process of designing products which have not yet been
released to the public.

Bartlett
Decl., Ex.
43

pp. 89-90

Confidential Samsung information regarding alternative designs considered by
Samsung during the design and product planning processes leading to the release
of Samsung’s Infuse 4G product.

Bartlett
Decl., Ex.
44

p. 80

Confidential Samsung information regarding alternative designs considered by
Samsung during the design and development process leading up to the release of
Samsung's Galaxy Prevail product.

Bartlett
Decl., Ex.
70

Bates Nos. -771-80

Confidential Samsung information regarding Samsung's review of numerous
features or functions of the Galaxy Tab 10.1, including specific source code and
software applications, as well as analysis and suggestions for improving those
features and alternative ways of executing certain functions.

4

Dkt. No.

Document

Pages with
Redactions

Reasons for Sealing

Bartlett
Decl., Ex.
73

Confidential Samsung information regarding strategies and proposals regarding
the design and development of technical features of certain Samsung products,
as well as the specific source code files and algorithms used to implement those
features.

Bartlett
Decl., Ex.
74
1022

Bates Nos. -706-07

Bates Nos. -604-06

Confidential Samsung information regarding strategies and proposals regarding
the design and development of technical features of certain Samsung products,
as well as the specific source code files and algorithms used to implement those
features.

Bressler
Decl., Ex.
31

Bates
Nos. -734, -73779, -783, -78889, -790, -796, -799, 800, -803, -81012, -814-21, -82328, -834-37, -839, 841, -84345, -847, -85158, -859-69

Confidential Samsung information regarding Samsung’s design philosophy,
guidelines and strategies for implementing that philosophy in smartphone
products, as well as numerous designs which have not yet been implemented in
commercially released products.

Bressler
Decl., Ex.
36

Bates
Confidential Samsung information regarding alternative designs considered by
Nos. -460, -462, -470 Samsung during the design and product planning processes leading to the release
-73, -475, -476of Samsung’s Sidekick product.
97, -499-525, -527-60

5

Dkt. No.

Document

Pages with
Redactions

Reasons for Sealing

Bressler
Decl., Ex.
37

Bates Nos. -40913, -416-17, -424432, -434, -44041, -443, -489

Confidential Samsung information regarding design strategy, past financial
performance, future financial projections, and specific pricing strategy.

Bressler
Decl., Ex.
38

Bates Nos. -464-67

Confidential Samsung information regarding Samsung's Galaxy S product,
including actual and projected sales volumes and profits, as well as Samsung's
marketing strategy for the Galaxy S.

Bressler
Decl., Ex.
67

Seal in entirety
(document not Bates
labeled)

Confidential Samsung information regarding alternative designs considered by
Samsung during the design and development process leading to the release of
certain Samsung accused products.

Bressler
Decl., Ex.
68

Seal in entirety
(document not Bates
labeled)

Confidential Samsung information regarding alternative designs considered by
Samsung during the design and development process leading to the release of
certain Samsung accused products.

Bressler
Decl., Ex.
70

Bates
Confidential Samsung information regarding alternative designs considered by
Nos. -460, -462, -470 Samsung during the design and product planning processes leading to the release
of Samsung’s Sidekick product.
-73, -475, -47697, -499-525, -527-60

Bressler
Decl., Ex.
72

Bates
Nos. -689, -698, -700
-04, -70708, -710, -71214, -716-23, -72527, -729-35, -73740, -742-53, -755-58

Confidential Samsung information regarding alternative designs, design strategy,
and non-public financial information, including past performance, future
projections, and pricing strategy.

6

Dkt. No.

Document

Pages with
Redactions

Reasons for Sealing

Bressler
Decl., Ex.
94

Seal in entirety
(document not Bates
labeled)

Confidential Samsung information regarding alternative designs considered by
Samsung during the design and development process leading to the release of
certain Samsung accused products.

1023

Decl. of
Russell
Winer ISO
Apple’s
MSJ Opp.,
Ex. 1

pp. 48, 53-54, 58, 6064, 66-67, 73

Confidential Samsung information regarding consumer studies and market
research conducted by or on behalf of Samsung, as well as executive-level
meetings relating to the design and development of Samsung's products.

1024

Singh Decl.,
Ex. 1

pp. 85-86, 88-89, 9199, 103-04, 108-10,
121-22

Confidential Samsung information regarding the operation of the touchscreens
and graphical user interfaces of certain Samsung accused products, including
specific source code modules which execute certain functions when the accused
products receive user input.

Singh Decl.,
Ex. 8

pp. 2-10, 12, 16, 25

Confidential Samsung information regarding the operation of the touchscreens
and graphical user interfaces of certain Samsung accused products, including
specific source code modules which execute certain functions when the accused
products receive user input.

Musika
Decl., Ex. B

Seal in entirety
(document not Bates
labeled)

Highly confidential non-public Samsung financial data, including specific
information regarding units of products sold and market share.

Musika
Decl., Ex. F

Seal in entirety
(document not Bates
labeled)

Highly confidential non-public Samsung financial data, including specific
information regarding units of products sold, revenue, cost of goods sold, and
profits.

7

Dkt. No.

Document

Pages with
Redactions

Reasons for Sealing

Musika
Decl., Ex. G

Seal in entirety
(document not Bates
labeled)

Highly confidential non-public Samsung financial data, including specific
information regarding units of products sold, revenue, cost of goods sold, and
profits.

Musika
Decl., Ex. H

Seal in entirety
(document not Bates
labeled)

Confidential Samsung information regarding the design and development
process for certain accused Samsung products.

Musika
Decl., Ex. K

Bates No. -138

Confidential Samsung information regarding the development of certain
Samsung accused products, including specific information about features
strategy.

Musika
Decl., Ex. L

Bates Nos. -347-48

Confidential Samsung information regarding the design and development of
technical features included in certain Samsung accused products.

Musika
Decl.

pp. 6-7

Confidential Samsung information regarding confidential, non-public financial
information and information regarding the development of features.

8