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

Filing 1199

Proposed Order re #1179 Administrative Motion to File Under Seal Samsung's Reply In Support of Opening Memorandum re Claim Construction by Apple Inc.(a California corporation). (Attachments: #1 Declaration of Cyndi Wheeler ISO of Samsung's Administrative Motion to File Docs Under Seal, #2 Exhibit One to Declaration of Cyndi Wheeler)(Bartlett, Jason) (Filed on 7/10/2012)

1
2
3
4
5
6
7
8
9

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]

10
11
12

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.

13
UNITED STATES DISTRICT COURT
14
NORTHERN DISTRICT OF CALIFORNIA
15
SAN JOSE DIVISION
16
17

APPLE INC., a California corporation,
Plaintiff,

18
19
20
21
22
23

v.

Case No. 11-cv-01846-LHK
DECLARATION OF CYNDI WHEELER IN
SUPPORT OF SAMSUNG’S
ADMINISTRATIVE MOTION 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,
Defendants.

24
25
26
27
28
DECLARATION OF CYNDI WHEELER REGARDING SAMSUNG’S MOTION TO FILE UNDER SEAL
CASE NO. 11-CV-01846-LHK
sf- 3168564

1

I, Cyndi Wheeler, hereby declare as follows:

2

1.

I am an attorney for Apple Inc. (“Apple”). I submit this declaration in support of

3

Samsung’s Administrative Motion to File Under Seal (Dkt. No. 1179) pursuant to Local Rules 7-

4

11 and 79-5. I have personal knowledge of the matters set forth below. If called as a witness I

5

could and would competently testify as follows.

6

2.

Samsung’s Reply in Support of Opening Memorandum Regarding Claim

7

Construction (“Claim Construction Reply”) and Exhibit 1 to the Declaration of Katharine Barach

8

in Support of Samsung’s Claim Construction Reply (“Barach Declaration”) contain Apple-

9

confidential information. Specifically:

10

3.

Exhibit 1 to the Barach Declaration contains highly confidential information

11

relating to Apple’s design and development process and the genesis of Apple’s design patent

12

applications and figures therein before they are published. A proposed redacted version is

13

attached as Exhibit 1.

14

4.

Samsung’s Claim Construction Reply refers to confidential information from the

15

above exhibit. Samsung’s proposed redactions on page 4 of its publicly filed version (Dkt. No.

16

1179-3) are sufficient for that purpose.

17

5.

It is Apple’s policy not to disclose or describe its confidential business practices,

18

the work product of its outside counsel and patent agents, or design and development information.

19

The above information is indicative of the way that Apple manages its business affairs and

20

reveals highly confidential information on its design process. If disclosed, the information in the

21

materials described above could be used by Apple’s competitors to Apple’s disadvantage. The

22

requested relief is necessary and narrowly tailored to protect the confidentiality of this

23

information.

24

6.

Based on the Court’s prior orders regarding the sealing of similar materials,

25

Apple does not seek to seal the remaining materials, including Exhibits 2 and 3 to the Barach

26

Declaration and page 5 of Samsung’s Claim Construction Reply.

27
28
DECLARATION OF CYNDI WHEELER REGARDING SAMSUNG’S MOTION TO FILE UNDER SEAL
CASE NO. 11-CV-01846-LHK
sf- 3168564

1

1

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

2

foregoing is true and correct to the best of my knowledge. Executed this 10th day of July, 2012,

3

in Cupertino, California.

4
5

/s/ Cyndi Wheeler
Cyndi Wheeler

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
DECLARATION OF CYNDI WHEELER REGARDING SAMSUNG’S MOTION TO FILE UNDER SEAL
CASE NO. 11-CV-01846-LHK
sf- 3168564

2

1
2
3

ATTESTATION OF E-FILED SIGNATURE
I, Jason R. Bartlett, am the ECF User whose ID and password are being used to file this

4

Declaration. In compliance with General Order 45, X.B., I hereby attest that Cyndi Wheeler has

5

concurred in this filing.

6

Dated: July 10, 2012

7

By:

/s/ Jason R. Bartlett
Jason R. Bartlett

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
DECLARATION OF CYNDI WHEELER REGARDING SAMSUNG’S MOTION TO FILE UNDER SEAL
CASE NO. 11-CV-01846-LHK
sf- 3168564

3