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

Filing 1176

Declaration of Cyndi Wheeler in Support of #1132 Administrative Motion to File Under Seal , #1147 Administrative Motion to File Under Seal Samsung's Motion to Stay June 26, 2012 Preliminary Injunction Pending Appeal, #1139 Administrative Motion to File Under Seal Samsung's Opposition to Apple's Claim Construction Brief filed byApple Inc.(a California corporation). (Related document(s) #1132 , #1147 , #1139 ) (Bartlett, Jason) (Filed on 7/3/2012)

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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
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,

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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
sf-3153627

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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. 1132, 1139, and 1147) pursuant

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

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as a witness I could and would competently testify as follows.

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2.

Samsung’s Motion for Leave to Seek Reconsideration of the Court’s June 25, 2012

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Order (“Motion for Reconsideration”) and Exhibits 1, 3, 10, and 12-14 to the Declaration of

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Thomas Watson in Support of the Motion for Reconsideration (“Watson Declaration”) contain

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Apple-confidential information. As explained in Samsung’s Motion to File Under Seal (Dkt. No.

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1132), the confidentiality of this information was already addressed in the Court’s June 4, 2012

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Order Granting-in-Part, Denying-in-Part Motions to Seal (Dkt. No. 1034), which held that the

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confidential documents at issue in Samsung’s Motion to Stay were properly filed under seal.

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Apple had supported the confidentiality of the Apple-confidential information in these exhibits in

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a declaration filed on June 4, 2012 (Dkt. No. 1031).

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3.

Apple does not maintain a claim of confidentiality on Exhibit 20 to the Watson

Declaration.
4.

Apple does not maintain a claim of confidentiality on Samsung’s Opposition to

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Apple’s Claim Construction Brief or Exhibit 5 to the Declaration of Adam Cashman in Support of

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Samsung’s Opposition to Apple’s Claim Construction Brief.

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5.

Samsung’s Motion to Stay and Suspend the June 26, 2012 Preliminary Injunction

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Pending Appeal Or, Alternatively, Pending Decision by Federal Circuit on Stay Pending Appeal

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(“Motion to Stay”) contains Apple-confidential information. As explained in Samsung’s Motion

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to File Under Seal (Dkt. No. 1147), the confidentiality of this information was already addressed

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in the Court’s June 4, 2012 Order Granting-in-Part, Denying-in-Part Motions to Seal (Dkt. No.

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1034), which held that the confidential documents at issue in Samsung’s Motion to Stay were

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properly filed under seal. Apple had supported the confidentiality of the Apple-confidential

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information in these exhibits in a declaration filed on June 4, 2012 (Dkt. No. 1031).

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DECLARATION OF CYNDI WHEELER IN SUPPORT OF SAMSUNG’S MOTIONS TO FILE UNDER SEAL
CASE NO. 11-CV-01846-LHK
sf-3165806

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I declare under penalty of perjury under the laws of the United States of America that the

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foregoing is true and correct to the best of my knowledge. Executed this 3rd day of July, 2012, in

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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
sf-3165806

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ATTESTATION OF E-FILED SIGNATURE
I, Jason R. Bartlett, 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: July 3, 2012

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By:

/s/ Jason R. Bartlett
Jason R. Bartlett

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DECLARATION OF CYNDI WHEELER IN SUPPORT OF SAMSUNG’S MOTIONS TO FILE UNDER SEAL
CASE NO. 11-CV-01846-LHK
sf-3165806

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