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

Filing 1236

Administrative Motion to File Under Seal Samsung's Objections to Apple's Exhibit List, Proposed Joint Exhibit List and Deposition Designations filed by Samsung Electronics Co. Ltd.. (Attachments: #1 Trac Declaration, #2 Proposed Order, #3 Samsung's Objections, #4 Ex. A, #5 Ex. B, #6 Ex. C, #7 Ex. D)(Maroulis, Victoria) (Filed on 7/13/2012) Modified on 7/16/2012 Pursuant to General Order No. 62 attachment #1 Sealed (dhm, COURT STAFF).

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Cal. Bar No. 170151)
 [e-mail]
50 California Street, 22nd Floor
 San Francisco, California 94111
Telephone: [phone]
 Facsimile: [phone]
 Kevin P.B. Johnson (Cal. Bar No. 177129)
[e-mail]
 Victoria F. Maroulis (Cal. Bar No. 202603)
[e-mail]
 555 Twin Dolphin Drive 5th Floor
Redwood Shores, California 94065
 Telephone: [phone]
Facsimile: [phone]

Michael T. Zeller (Cal. 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



DECLARATION OF BILL TRAC 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.





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

1

I, Bill Trac, declare:

2

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 Samsung’s Administrative Motion to File Documents Under Seal.

Unless otherwise

6 indicated, I have personal knowledge of the facts set forth in this declaration and, if called upon as
7 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 Exhibit A to Samsung’s Objections to Apple’s Exhibit List, Proposed Joint Exhibit
10 List and Deposition Designations (“Exhibit A”).
11

3.

Exhibit A contains short descriptions of documents that Samsung has designated

12 HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY under the Protective Order.

For the

13 reasons described below, some of these descriptions contain Samsung confidential information
14 which could be used to Samsung’s disadvantage by competitors if it were not filed under seal.
15

4.

The descriptions of Apple Exhibit 51 contains highly confidential information

16 regarding Samsung’s licensing practices. This information is confidential and proprietary to
17 Samsung, and could be used to its disadvantage by competitors if these documents were not filed
18 under seal.
19

5.

The descriptions of Apple Exhibits 39, 41, 57 60, 61, 62 contain highly confidential

20 information from documents since 2011 describing Samsung’s short-term and long-term business
21 and product development activities and plans. This information is confidential and proprietary to
22 Samsung, and could be used to its disadvantage by competitors if these documents were not filed
23 under seal.
24

6.

The descriptions of Apple Exhibits 47 and 49 contain highly confidential

25 information describing Samsung’s international business development plans.

This information is

26 confidential and proprietary to Samsung, and could be used to its disadvantage by competitors if
27 these documents were not filed under seal.
28

Case No. 11-cv-01846-LHK
-2TRAC DECLARATION IN SUPPORT OF SAMSUNG’S
MOTION TO FILE DOCUMENTS UNDER SEAL

1

7.

The description of Apple Exhibit 54 contains highly confidential information

2 regarding Samsung’s consulting relationships.

This information is confidential and proprietary

3 to Samsung, and could be used to its disadvantage by competitors if these documents were not
4 filed under seal.
5

8.

The descriptions of Apple Exhibits 44, 49, 53, 54, 61 and 62 contain confidential

6 and highly confidential information that reveal how Samsung undertakes competitive analyses.
7 This information is confidential and proprietary to Samsung, and could be used to its disadvantage
8 by competitors if these documents were not filed under seal.
9

9.

The descriptions of Apple Exhibits 35, 39, 41, 42, 44, 45, 46, 57, and 59 contain

10 confidential trade secret code names for Samsung’s mobile device products.

This information is

11 confidential and proprietary to Samsung, and could be used to its disadvantage by competitors if
12 these documents were not filed under seal.
13
14
15

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

16 Redwood Shores, California on July 13, 2012.
17
18

/s/ Bill Trac

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Case No. 11-cv-01846-LHK
-3TRAC DECLARATION IN SUPPORT OF SAMSUNG’S
MOTION TO FILE DOCUMENTS UNDER SEAL

1
2

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.
5

/s/ Victoria Maroulis

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Case No. 11-cv-01846-LHK
-4TRAC DECLARATION IN SUPPORT OF SAMSUNG’S
MOTION TO FILE DOCUMENTS UNDER SEAL