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

Filing 1208

Administrative Motion to File Under Seal Samsung's Oppositions to Apple's Motions in Limine filed by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Attachments: #1 Declaration of Hankil Kang in Support of Samsung's Administrative Motion to File Documents Under Seal, #2 Proposed Order Granting Motion to File Under Seal, #3 Samsung's Oppositions to Apple's Motions in Limine, #4 Proposed Order Granting in Part and Denying in Part Apple's Motions in Limine)(Maroulis, Victoria) (Filed on 7/10/2012) Modified on 7/12/2012 Pursuant to General Order No. 62 attachment #1 Sealed (dhm, COURT STAFF).

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Bar No. 170151)
 [e-mail]
50 California Street, 22nd Floor
 San Francisco, California 94111
Telephone: [phone]
 Facsimile: [phone]
 Kevin P.B. Johnson (Bar No. 177129)
[e-mail]
 Victoria F. Maroulis (Bar No. 202603)
[e-mail]
th
 555 Twin Dolphin Drive, 5 Floor
Redwood Shores, California 94065-2139
 Telephone: [phone]
Facsimile: [phone]

Michael T. Zeller (Bar No. 196417)
 [e-mail]
865 S. Figueroa St., 10th Floor
 Los Angeles, California 90017
Telephone: [phone]
 Facsimile: [phone]
 Attorneys for SAMSUNG ELECTRONICS CO.,
LTD., SAMSUNG ELECTRONICS AMERICA,
 INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC



UNITED STATES DISTRICT COURT



NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION


 APPLE INC., a California corporation,

CASE NO. 11-cv-01846-LHK (PSG)



DECLARATION OF HANKIL KANG IN
SUPPORT OF SAMSUNG’S
ADMINISTRATIVE MOTION TO FILE
DOCUMENTS UNDER SEAL



Plaintiff,
vs.

 SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity; SAMSUNG
 ELECTRONICS AMERICA, INC., a New
York corporation; SAMSUNG
 TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,

Defendants.



02198.51855/4851904.1

Case No. 11-cv-01846-LHK (PSG)
KANG DECLARATION IN SUPPORT OF SAMSUNG’S ADMIN. MOTION TO FILE UNDER SEAL

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DECLARATION OF HANKIL KANG

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I, Hankil Kang, do hereby declare as follows:

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1.

I am Legal Counsel at Samsung Electronics Co., Ltd. I submit this Declaration in

4 support of Samsung Electronics Co., Ltd’s, Samsung Electronics America, Inc.’s, and Samsung
5 Telecommunications America, LLC’s (“Samsung’s”) Administrative Motion to File Documents
6 Under Seal. I have personal knowledge of the facts set forth in this Declaration and, if called as a
7 witness, could and would competently testify to them.
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2.

The requested relief is necessary to protect the confidentiality of information

9 contained in:
 The unredacted version of Samsung’s Oppositions to Apple’s Motions In Limine;
and

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 Exhibits E, F, and H-J to the Declaration of John D’Amato in Support of
Samsung’s Oppositions to Apple’s Motions In Limine (“D’Amato Declaration”).

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3.

Exhibit E to the D’Amato Declaration is Defendant’s Trial Exhibit No. 625, a

document produced by Samsung in this litigation bearing Bates labels beginning
SAMNDCA00321707, and with the designation HIGHLY CONFIDENTIAL – ATTORNEYS’
EYES ONLY under the Protective Order. This document contains highly sensitive information
related to Samsung’s product strategy, including specific information about color themes, and
design strategy. This information is confidential and proprietary to Samsung, and could be used to
its disadvantage by competitors if the document were not filed under seal. This document should
be sealed in its entirety.
4.

Exhibit F to the D’Amato Declaration is Defendant’s Trial Exhibit No. 522, a

document produced by Samsung in this litigation bearing Bates labels beginning
SAMNDCA00321382, and with the designation HIGHLY CONFIDENTIAL – ATTORNEYS’
EYES ONLY under the Protective Order. This document contains highly sensitive information
related to Samsung’s product strategy, including specific information about color themes, and
design strategy. This information is confidential and proprietary to Samsung, and could be used to

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02198.51855/4851904.1

Case No. 11-cv-01846-LHK (PSG)
-2KANG DECLARATION IN SUPPORT OF SAMSUNG’S ADMIN. MOTION TO FILE UNDER SEAL

1 its disadvantage by competitors if the document were not filed under seal. This document should
2 be sealed in its entirety.
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5.

Exhibit H to the D’Amato Declaration consists of excerpts from the May 12, 2012

4 deposition transcript of Michael Wagner. Samsung has designated the transcript HIGHLY
5 CONFIDENTIAL-ATTORNEYS’ EYES ONLY under the Protective Order. The portions of the
6 excerpts that Samsung requests be sealed contain highly sensitive, non-public information related
7 to Samsung’s financial data. This information is confidential and proprietary to Samsung, and
8 could be used to its disadvantage by competitors if the excerpts were not filed under seal.
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6.

Exhibit I to the D’Amato Declaration is a document produced by Samsung in a

10 related Investigation before the International Trade Commission, bearing Bates labels beginning
11 S-ITC-007274461, and with the designation CONFIDENTIAL BUSINESS INFORMATION
12 pursuant to the ITC protective order. This document is a confidential Advanced Pricing
13 Agreement between the Internal Revenue Service and Samsung. It contains highly sensitive, non14 public information related to Samsung’s financial data. This information is confidential and
15 proprietary to Samsung, and could be used to its disadvantage by competitors if the document
16 were not filed under seal. This document should be sealed in its entirety.
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7.

Exhibit J to the D’Amato Declaration consists of excerpts from the February 29,

18 2012 deposition transcript of Timothy Sheppard. Samsung has designated the transcript HIGHLY
19 CONFIDENTIAL-ATTORNEYS’ EYES ONLY under the Protective Order. The portions of the
20 excerpts that Samsung requests be sealed contain highly sensitive, non-public information related
21 to Samsung’s financial data. This information is confidential and proprietary to Samsung, and
22 could be used to its disadvantage by competitors if the excerpts were not filed under seal.
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8.

The portions of the unredacted version of Samsung’s Oppositions to Apple’s

24 Motions in Limine that Samsung requests be sealed discuss or refer to information described in
25 paragraphs 3-7 above and should be sealed for the same reasons.
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//

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//

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02198.51855/4851904.1

Case No. 11-cv-01846-LHK (PSG)
-3KANG DECLARATION IN SUPPORT OF SAMSUNG’S ADMIN. MOTION TO FILE UNDER SEAL

1

I declare under penalty of perjury that the forgoing is true and correct to the best of my

2 knowledge. Executed this 11th day of July, 2012, in Suwon, South Korea.
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Hankil Kang

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02198.51855/4851904.1

Case No. 11-cv-01846-LHK (PSG)
-4KANG DECLARATION IN SUPPORT OF SAMSUNG’S ADMIN. MOTION TO FILE UNDER SEAL