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

Filing 1222

Declaration of Cyndi Wheeler in Support of #1183 Administrative Motion to File Under Seal Samsung's Claim Construction Brief, #1185 Administrative Motion to File Under Seal filed byApple Inc.(a California corporation). (Attachments: #1 Exhibit)(Related document(s) #1183 , #1185 ) (Bartlett, Jason) (Filed on 7/12/2012)

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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,
Defendants.

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DECLARATION OF CYNDI WHEELER REGARDING SAMSUNG’S MOTION TO FILE UNDER SEAL
CASE NO. 11-CV-01846-LHK
sf-3169831

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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. 1183 and 1185) pursuant to

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

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a witness I could and would competently testify as follows.

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2.

Samsung filed a motion to file under seal Samsung’s Claim Construction Brief and

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Exhibits 2, 4, 6, and 9-14 to the Declaration of Patrick Schmidt in Support of Samsung’s Claim

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Construction Brief. Apple does not maintain a claim of confidentiality on this material.

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3.

Samsung filed a motion to file under seal the unredacted version of Samsung’s

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Motions in Limine and Exhibits S and T to the Declaration of John D’Amato in Support of

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Samsung’s Motions in Limine. These exhibits contain confidential Apple information.

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Specifically:

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4.

Exhibit S to the Declaration of John D’Amato consists of excerpts from Apple’s

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Objections and Responses to Samsung’s Fourth Set of Interrogatories, previously filed as Exhibit

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67 to the Declaration of Brett Arnold in Support of Samsung’s Motion for Summary Judgment

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(Dkt. No. 943.) Apple supported sealing with a declaration filed on May 24, 2012. (Dkt. No.

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973.) Exhibit S contains discussions of manufacturing details and supply chain information. The

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entire document should be kept under seal.

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5.

Exhibit T to the Declaration of John D’Amato consists of Apple Inc.’s Amended

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Objections and Responses to Samsung’s Interrogatory Nos. 4, 6, 7, 16, 17, and 18. This

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document was also previously filed as Exhibit 37 to the Declaration of Brett Arnold in Support of

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Samsung’s Motion for Summary Judgment (Dkt. No. 943). Apple supported sealing with a

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declaration filed on May 24, 2012. (Dkt. No. 973.) Exhibit T contains highly confidential and

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commercially sensitive business information, including confidential information regarding

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licensing agreements and potential licensing agreements with business partners and Apple’s

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advertising expenditures. A proposed redacted version was previously filed under Dkt. No. 973-

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1.

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DECLARATION OF CYNDI WHEELER REGARDING SAMSUNG’S MOTIONS TO FILE UNDER SEAL
CASE NO. 11-CV-01846-LHK
sf-3169831

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6.

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

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licensing information, or financial information such as advertising expenditures. The above

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information is indicative of the way that Apple manages its business affairs and reveals highly

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confidential information. If disclosed, the information in the materials described above could be

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

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narrowly tailored to protect the confidentiality of this information.

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7.

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

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that the foregoing is true and correct to the best of my knowledge. Executed this 12th day of July,

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2012, in Cupertino, California.

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/s/ Cyndi Wheeler
Cyndi Wheeler

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DECLARATION OF CYNDI WHEELER REGARDING SAMSUNG’S MOTIONS TO FILE UNDER SEAL
CASE NO. 11-CV-01846-LHK
sf-3169831

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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 12, 2012

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By:

/s/ Jason R. Bartlett
Jason R. Bartlett

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DECLARATION OF CYNDI WHEELER REGARDING SAMSUNG’S MOTIONS TO FILE UNDER SEAL
CASE NO. 11-CV-01846-LHK
sf-3169831

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