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

Filing 1317

Administrative Motion to File Under Seal Apple's Renewed Motion to Seal filed by Apple Inc.. (Attachments: # 1 Proposed Order, # 2 Declaration of Mark D. Selwyn, # 3 Declaration of Nathan Sabri, # 4 Declaration of Erica Tierney)(Jacobs, Michael) (Filed on 7/24/2012)

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HAROLD J. MCELHINNY (CA SBN 66781)
[e-mail]
MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
RACHEL KREVANS (CA SBN 116421)
[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]

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]

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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.,

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Case No.
Plaintiff,

v.
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,

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Defendants.
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SABRI DECL. ISO APPLE’S RENEWED MOTION TO SEAL

CASE NO. 11-CV-01846 LHK (PSG)
sf-3174757

11-cv-01846-LHK (PSG)

DECLARATION OF
NATHAN SABRI IN SUPPORT OF
APPLE’S RENEWED MOTION TO
SEAL

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I, NATHAN SABRI, declare as follows:

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1.

I am an attorney with the law firm of Morrison & Foerster LLP, counsel for Apple

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Inc. (“Apple”). I am licensed to practice law in the State of California. I have personal

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knowledge of the matters stated herein or understand them to be true. I make this declaration in

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support of Apple’s Renewed Motion to Seal.

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2.

Through its Renewed Motion to Seal, Apple seeks to seal data created by third-

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party market research companies where such data is extensive and risks supplanting the third

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party’s market for its report. Apple does not seek to seal passing references or data that focuses

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on Apple and Samsung.

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3.

I understand that Apple is contractually obligated to defend the interests of third

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parties who sell Apple their proprietary consumer and market studies, and disclosure of this

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material would severely harm such third parties competitively and damage Apple’s relationship

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with them. The market research companies with which Apple does business operate by selling

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their reports, which typically cost many thousands of dollars each.

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4.

Public disclosure of a substantial portion or the entirety one of these reports would

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completely supplant the market for that report. If Apple is forced to disclose this information,

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which Apple acquired under an agreement to keep the information private and confidential, the

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affected third party companies could be reluctant to do business with Apple again in the future,

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potentially permanently harming Apple’s relationships and preventing Apple from obtaining this

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critical consumer data.

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I declare under penalty of perjury that the foregoing is true and correct. Executed this
24th day of July, 2012 at San Francisco, California.

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/s/ Nathan Sabri
Nathan Sabri

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SABRI DECL. ISO APPLE’S RENEWED MOTION TO SEAL

CASE NO. 11-CV-01846 LHK (PSG)
sf-3174757

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ATTESTATION OF E-FILED SIGNATURE
I, Michael A. Jacobs, 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 Nathan Sabri has

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concurred in this filing.

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Dated: July 24, 2012

/s/ Michael A. Jacobs
Michael A. Jacobs

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SABRI DECL. ISO APPLE’S RENEWED MOTION TO SEAL

CASE NO. 11-CV-01846 LHK (PSG)
sf-3174757

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