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

Filing 1184

Administrative Motion to File Under Seal Re Apples Motions In Limine filed by Apple Inc.. (Attachments: #1 Declaration Of Cyndi Wheeler In Support Of Apples Administrative Motions To File Documents Under Seal Re Apples Motions In Limine, #2 [Proposed] Order Granting Apple Inc.s Administrative Motion To File Documents Under Seal Re Apples Motions In Limine, #3 Apples Motions In Limine, #4 Declaration Of Jason Bartlett In Support Of Apples Motions In Limine, #5 Exhibit 1, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Proposed Order)(Jacobs, Michael) (Filed on 7/5/2012)

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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 (PSG)
DECLARATION OF CYNDI WHEELER
IN SUPPORT OF APPLE’S
ADMINISTRATIVE MOTIONS TO FILE
DOCUMENTS UNDER SEAL RE
APPLE’S MOTIONS IN LIMINE

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,
Defendants.

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DECLARATION OF CYNDI WHEELER IN SUPPORT OF APPLE’S MOTION TO FILE UNDER SEAL
CASE NO. 11-CV-01846-LHK (PSG)
sf-3166727

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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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Apple’s Administrative Motion to File Under Seal pursuant to Local Rules 7-11 and 79-5. I have

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personal knowledge of the matters set forth below. If called as a witness I could and would

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competently testify as follows.

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2.

Apple’s Motion in Limine contains information concerning its non-public product

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design and development process. This information is highly sensitive and could be used by

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Apple’s competitors to Apple’s disadvantage, and thus Apple’s Motions in Limine should be

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partially sealed.

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3.

Exhibit 10 to the Declaration of Jason R. Bartlett in support of Apple’s Motions in

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Limine (“Bartlett Declaration”) contains information concerning its non-public product design

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and development process. Exhibit 10 has been designated as Highly Confidential – Attorneys’

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Eyes Only. This information is highly sensitive and could be used by Apple’s competitors to

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Apple’s disadvantage and should be sealed in its entirety.

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4.

It is Apple’s policy not to disclose or describe its non-public product design and

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development process to third parties. Apple is well known worldwide for its corporate culture of

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carefully maintaining the confidentiality of its business information. Apple’s Motions in Limine

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and Exhibit 10 to the Bartlett Declaration reveal highly confidential information that, if disclosed,

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could be used by Apple’s competitors to Apple’s disadvantage. The requested relief is necessary

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and narrowly tailored to protect the confidentiality of this information.

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I declare under penalty of perjury that the foregoing is true and correct. Executed this 5th
day of July, 2012 at Cupertino, California.

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/s/ Cyndi Wheeler
Cyndi Wheeler

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DECLARATION OF CYNDI WHEELER IN SUPPORT OF APPLE’S MOTION TO FILE UNDER SEAL
CASE NO. 11-CV-01846-LHK (PSG)
sf-3166727

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ATTESTATION OF E-FILED SIGNATURE

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I, Michael A. Jacobs, 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 5, 2012

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/s/ Michael A. Jacobs
Michael A. Jacobs

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DECLARATION OF CYNDI WHEELER IN SUPPORT OF APPLE’S MOTION TO FILE UNDER SEAL
CASE NO. 11-CV-01846-LHK (PSG)
sf-3166727

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