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

Filing 1229

Declaration of Bill Trac in Support of #1184 Administrative Motion to File Under Seal Re Apples Motions In Limine filed bySamsung Electronics Co. Ltd.. (Related document(s) #1184 ) (Maroulis, Victoria) (Filed on 7/13/2012)

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Cal. Bar No. 170151)
2 [e-mail]
50 California Street, 22nd Floor
3 San Francisco, California 94111
Telephone: [phone]
4 Facsimile: [phone]
5 Kevin P.B. Johnson (Cal. Bar No. 177129)
[e-mail]
6 Victoria F. Maroulis (Cal. Bar No. 202603)
[e-mail]
7 555 Twin Dolphin Drive 5th Floor
Redwood Shores, California 94065
8 Telephone: [phone]
Facsimile: [phone]
9
Michael T. Zeller (Cal. Bar No. 196417)
10 [e-mail]
865 S. Figueroa St., 10th Floor
11 Los Angeles, California 90017
Telephone: [phone]
12 Facsimile: [phone]
13 Attorneys for SAMSUNG ELECTRONICS
CO., LTD., SAMSUNG ELECTRONICS
14 AMERICA, INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC
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16

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

18 APPLE INC., a California corporation,
Plaintiff,

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20

vs.

21 SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity; SAMSUNG
22 ELECTRONICS AMERICA, INC., a New
York corporation; SAMSUNG
23 TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,
24
Defendants.
25

CASE NO. 11-cv-01846-LHK (PSG)
DECLARATION OF BILL TRAC IN
SUPPORT OF APPLE'S
ADMINISTRATIVE MOTION TO FILE
DOCUMENTS UNDER SEAL (DKT. NO.
1184)

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Case No. 11-cv-01846-LHK (PSG)
TRAC DECLARATION IN SUPPORT OF APPLE’S
MOTION TO FILE DOCUMENTS UNDER SEAL

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I, Bill Trac, declare:

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1.

I am an associate in the law firm of Quinn Emanuel Urquhart & Sullivan, LLP,

3 counsel for Samsung Electronics Co., Ltd., Samsung Electronics America, Inc. and Samsung
4 Telecommunications America, LLC (collectively, “Samsung”).

I submit this declaration in

5 support of Apple’s Administrative Motion to File Under Seal re Apple’s Motions in Limine.
6 Unless otherwise indicated, I have personal knowledge of the facts set forth in this declaration
7 and, if called upon as a witness, I could and would testify as follows.
8

2.

The requested relief is necessary to protect the confidentiality of information

9 discussed in Apple’s Motions in Limine.

Samsung requests that limited portions of Apple’s

10 Motions in Limine be filed under seal.
11

3.

The redacted portions of page 10 of Apple’s Motion in Limine discuss material

12 contained in Exhibit 2 to the Declaration of Jason Bartlett in Support of Apple’s Motions in
13 Limine, the March 30, 2012 Deposition of Junho Park (Volume 2).

Samsung has designated Mr.

14 Park’s deposition transcript Highly Confidential – Attorneys’ Eyes Only under the Protective
15 Order.

The discussion on page 10 of Apple’s Motions thus reveals highly confidential

16 information regarding specific Samsung competitive analysis practices, which could be used to
17 Samsung’s disadvantage by competitors if it were not filed under seal.

The redacted portions of

18 page 10 of Apple’s Motions in Limine should therefore remain under seal.
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4.

The redacted portions of page 16 to Apple’s Motions in Limine contain non-public

20 information regarding Samsung’s tax arrangements and financial data, including specific
21 information about Samsung’s profits.

Samsung has designated this information Highly

22 Confidential – Attorneys’ Eyes Only under the Protective Order.

This information is highly

23 confidential and could be used to Samsung’s disadvantage by competitors if it were not filed under
24 seal.

The redacted portions of page 16 of Apple’s Motions in Limine should, therefore, remain

25 under seal.
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Case No. 11-cv-01846-LHK (PSG)
TRAC DECLARATION IN SUPPORT OF APPLE’S
MOTION TO FILE DOCUMENTS UNDER SEAL

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I declare under penalty of perjury that the foregoing is true and correct.

Executed in

2 Redwood Shores, California on July 12, 2012.
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/s/ Bill Trac

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Case No. 11-cv-01846-LHK (PSG)
TRAC DECLARATION IN SUPPORT OF APPLE’S
MOTION TO FILE DOCUMENTS UNDER SEAL

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General Order 45 Attestation
I, Victoria F. Maroulis, am the ECF user whose ID and password are being used to file this

3 Declaration.

In compliance with General Order 45(X)(B), I hereby attest that Bill Trac has

4 concurred in this filing.
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/s/ Victoria Maroulis

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Case No. 11-cv-01846-LHK (PSG)
TRAC DECLARATION IN SUPPORT OF APPLE’S
MOTION TO FILE DOCUMENTS UNDER SEAL