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

Filing 1180

Declaration of Hankil Kang in Support of #1140 Administrative Motion to File Under Seal filed bySamsung Electronics Co. Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Related document(s) #1140 ) (Maroulis, Victoria) (Filed on 7/3/2012)

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1 QUINN EMANUEL URQUHART & SULLIVAN, LLP Charles K. Verhoeven (Cal. Bar No. 170151) 2 charlesverhoeven@quinnemanuel.com 50 California Street, 22nd Floor 3 San Francisco, California 94111 Telephone: (415) 875-6600 4 Facsimile: (415) 875-6700 5 Kevin P.B. Johnson (Cal. Bar No. 177129) kevinjohnson@quinnemanuel.com 6 Victoria F. Maroulis (Cal. Bar No. 202603) victoriamaroulis@quinnemanuel.com 7 555 Twin Dolphin Drive 5th Floor Redwood Shores, California 94065 8 Telephone: (650) 801-5000 Facsimile: (650) 801-5100 9 Michael T. Zeller (Cal. Bar No. 196417) 10 michaelzeller@quinnemanuel.com 865 S. Figueroa St., 10th Floor 11 Los Angeles, California 90017 Telephone: (213) 443-3000 12 Facsimile: (213) 443-3100 13 Attorneys for SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS 14 AMERICA, INC. and SAMSUNG TELECOMMUNICATIONS AMERICA, LLC 15 16 UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION 18 APPLE INC., a California corporation, Plaintiff, 19 20 vs. CASE NO. 11-cv-01846-LHK (PSG) DECLARATION OF HANKIL KANG IN SUPPORT OF APPLE’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL 21 SAMSUNG ELECTRONICS CO., LTD., a Korean business entity; SAMSUNG 22 ELECTRONICS AMERICA, INC., a New York corporation; SAMSUNG 23 TELECOMMUNICATIONS AMERICA, LLC, a Delaware limited liability company, 24 Defendants. 25 26 27 28 02198.51855/4838939.2 Case No. 11-cv-01846-LHK DECLARATION OF HANKIL KANG IN SUPPORT OF APPLE’S ADMINISTRATIVE MOTION 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 Declaration of Hankil Kang in Support of Apple’s Administrative Motion 4 to File Documents Under Seal (Dkt. No. 1140), to establish that the following documents, or 5 portions thereof, are sealable: 6 • Exhibit Nos. 13 and 14 to the Declaration of Jason R. Bartlett in Support of Apple’s 7 Response to Samsung’s Opening Memorandum Regarding Design Patent Claim 8 Construction (“Bartlett Declaration”); and 9 • Exhibit Nos. 20, 39 and 40 to the Declaration of Peter W. Bressler, FIDSA, in Support 10 of Apple’s Response to Samsung’s Opening Memorandum Regarding Design Patent 11 Claim Construction (“Bressler Declaration”). 12 DECLARATION OF HANKIL KANG 13 I, Hankil Kang, do hereby declare as follows: 14 1. I am Legal Counsel at Samsung Electronics Co., Ltd. I submit this Declaration in 15 support of Apple’s Administrative Motion to File Documents Under Seal Regarding Apple’s 16 Opposition to Samsung’s Design Claim Construction (Dkt. No. 1140). I have personal 17 knowledge of the facts set forth in this Declaration and, if called as a witness, could and would 18 competently testify to them. 19 2. Exhibit No. 13 to the Bartlett Declaration consists of excerpts from the March 2, 20 2012 deposition transcript of Minhyouk Lee, Samsung’s Vice President of the Mobile 21 Communications Division Design Team. These excerpts have been designated HIGHLY 22 CONFIDENTIAL-ATTORNEYS’ EYES ONLY under the Protective Order. The portions of the 23 excerpts that Samsung requests be sealed contain confidential information relating to the 24 development of the Galaxy S phone, including Samsung’s design methodology and philosophy, 25 device manufacturing techniques, and hardware development. This information is confidential 26 and proprietary to Samsung, and could be used to its disadvantage by competitors if it were not 27 28 02198.51855/4838939.2 Case No. 11-cv-01846-LHK -2DECLARATION OF HANKIL KANG IN SUPPORT OF APPLE’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL 1 filed under seal. A proposed redacted version of the excerpts from Mr. Lee’s deposition 2 transcript is attached as Exhibit 1. 3 3. Exhibit No. 14 to the Bartlett Declaration consists of excerpts from the February 4 17, 2012 deposition transcript of Gi-Young Lee, Volume 2, which is designated HIGHLY 5 CONFIDENTIAL-ATTORNEYS’ EYES ONLY under the Protective Order. Certain portions of 6 the excerpts that Samsung requests be sealed contain confidential information relating to the 7 development of potential products considered by Samsung during the design and development 8 process. Samsung has not yet released these products, but may do so in the future. Other 9 portions of the excerpts contain confidential information relating to the factors Samsung considers 10 in designing Samsung products. This information is therefore confidential and proprietary to 11 Samsung, and could be used to its disadvantage by competitors if it were not filed under seal. A 12 proposed redacted version of the excerpts from Ms. Lee’s deposition transcript is attached as 13 Exhibit 2. 14 4. Exhibit Nos. 20, 39 and 40 to the Bressler Declaration consist of images of 15 alternative designs considered by Samsung during the design and development process leading to 16 the release of certain of the accused Samsung products. Samsung has not yet implemented these 17 designs in released products, but may do so in the future. The information conveyed by these 18 images, which Samsung has designated HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES 19 ONLY under the Protective Order, is therefore confidential and proprietary to Samsung, and could 20 be used to its disadvantage by competitors if it were not filed under seal. 21 I declare under penalty of perjury that the forgoing is true and correct to the best of my 22 knowledge. Executed this 3rd day of July, 2012, in Suwon, South Korea. 23 24 25 26 Hankil Kang 27 28 02198.51855/4838939.2 Case No. 11-cv-01846-LHK -3DECLARATION OF HANKIL KANG IN SUPPORT OF APPLE’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL 1 2 General Order 45 Attestation I, Victoria F. Maroulis, am the ECF user whose ID and password are being used to file this 3 Declaration. In compliance with General Order 45(X)(B), I hereby attest that Hankil Kang has 4 concurred in this filing. 5 /s/ Victoria Maroulis 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 02198.51855/4838939.2 Case No. 11-cv-01846-LHK -4DECLARATION OF HANKIL KANG IN SUPPORT OF APPLE’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL

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