Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
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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)
hmcelhinny@mofo.com
MICHAEL A. JACOBS (CA SBN 111664)
mjacobs@mofo.com
JENNIFER LEE TAYLOR (CA SBN 161368)
jtaylor@mofo.com
ALISON M. TUCHER (CA SBN 171363)
atucher@mofo.com
RICHARD S.J. HUNG (CA SBN 197425)
rhung@mofo.com
JASON R. BARTLETT (CA SBN 214530)
jasonbartlett@mofo.com
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: (415) 268-7000
Facsimile: (415) 268-7522
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WILLIAM F. LEE
william.lee@wilmerhale.com
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Telephone: (617) 526-6000
Facsimile: (617) 526-5000
MARK D. SELWYN (SBN 244180)
mark.selwyn@wilmerhale.com
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, California 94304
Telephone: (650) 858-6000
Facsimile: (650) 858-6100
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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