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

Filing 1255

Declaration of Cyndi Wheeler in Support of #1201 Administrative Motion to File Under Seal Samsung's Opposition to Apple's Claim Construction Brief, #1208 Administrative Motion to File Under Seal Samsung's Oppositions to Apple's Motions in Limine filed byApple Inc.. (Attachments: #1 Exhibit 1, #2 Proposed Order)(Related document(s) #1201 , #1208 ) (Bartlett, Jason) (Filed on 7/17/2012)

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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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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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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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WILLIAM F. LEE
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Telephone: [phone]
Facsimile: [phone]

v.
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,

Case No. 11-cv-01846-LHK
DECLARATION OF CYNDI WHEELER IN
SUPPORT OF SAMSUNG’S
ADMINISTRATIVE MOTIONS TO FILE
DOCUMENTS UNDER SEAL

Defendants.

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DECLARATION OF CYNDI WHEELER IN SUPPORT OF SAMSUNG’S MOTIONS TO FILE UNDER SEAL
CASE NO. 11-CV-01846-LHK
sf-3171247

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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. 1201 and 1208) 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 (Dkt. No. 1201) the unredacted version

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of Samsung’s Opposition to Apple’s Supplemental Claim Construction Brief. Apple does not

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maintain a claim of confidentiality on this material.

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3.

Samsung filed a motion to file under seal (Dkt. No. 1208) the unredacted version

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of Samsung’s Opposition to Apple’s Motions in Limine and Exhibits B and C to the Declaration

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of John D’Amato in support of Samsung’s Opposition to Apple’s Motions in Limine (“D’Amato

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Declaration”). These documents contain confidential Apple information. Specifically:

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4.

Exhibit B to the D’Amato Declaration consists of excerpts from the December 1,

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2011 deposition of Jonathan Ive. These excerpts contain details of Apple’s design process and

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how Apple’s industrial design team operates. A proposed redacted version is attached as

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Exhibit 1.

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5.

Exhibit C to the D’Amato Declaration consists of excerpts from the August 3,

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2011 deposition of Christopher Stringer. These excerpts contain extensive discussions of the

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details of Apple’s design process and how Apple’s industrial design team operates. It should be

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sealed in its entirety.

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6.

Samsung’s Opposition to Apple’s Motions in Limine should be sealed to the extent

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it refers to details of Apple’s design process, as discussed above. Moreover, it should be sealed to

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the extent it refers to discussions of capacity and financial information. The redacted brief filed

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by Samsung includes redactions of this information, in particular the redactions at 2:23-25, 3:3-5,

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21:7-15, and 22:7-9.

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7.

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

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design and development information, or financial information. The above information is

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indicative of the way that Apple manages its business and design affairs and reveals highly
DECLARATION OF CYNDI WHEELER IN SUPPORT OF SAMSUNG’S MOTIONS TO FILE UNDER SEAL
CASE NO. 11-CV-01846-LHK
sf-3171247

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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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8.

Apple does not maintain a claim of confidentiality on Exhibits A or G to the

D’Amato Declaration.
I declare under penalty of perjury that the foregoing is true and correct. Executed this
17th day of July, 2012 at Cupertino, California.

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/s/ Cyndi Wheeler
Cyndi Wheeler

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DECLARATION OF CYNDI WHEELER IN SUPPORT OF SAMSUNG’S MOTIONS TO FILE UNDER SEAL
CASE NO. 11-CV-01846-LHK
sf-3171247

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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 17, 2012

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/s/ Jason R. Bartlett
Jason R. Bartlett

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DECLARATION OF CYNDI WHEELER IN SUPPORT OF SAMSUNG’S MOTIONS TO FILE UNDER SEAL
CASE NO. 11-CV-01846-LHK
sf-3171247

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