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

Filing 1319

Declaration of GiHo Ro in Support of 1318 Administrative Motion to File Under Seal Dkt. Nos. 927, 991, 1013, 1022, 1060, and 1206 filed bySamsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Attachments: # 1 Declaration of Prashanth Chennakesavan, # 2 Exhibit to Chennakesavan Declaration)(Related document(s) 1318 ) (Maroulis, Victoria) (Filed on 7/25/2012)

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Bar No. 170151)
 [e-mail]
50 California Street, 22nd Floor
 San Francisco, California 94111
Telephone: [phone]
 Facsimile: [phone]
 Kevin P.B. Johnson (Bar No. 177129)
[e-mail]
 Victoria F. Maroulis (Bar No. 202603)
[e-mail]
th
 555 Twin Dolphin Drive, 5 Floor
Redwood Shores, California 94065-2139
 Telephone: [phone]
Facsimile: [phone]

Michael T. Zeller (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 (PSG)



DECLARATION OF GIHO RO 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.



02198.51855/4871001.5

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

1

DECLARATION OF GIHO RO

2

I, GiHo Ro, do hereby declare as follows:

3

1.

I am a Senior Manager, Administration Team in the Mobile Communications

4 division at Samsung Electronics Co., Ltd. I submit this Declaration in support of Samsung
5 Electronics Co., Ltd’s, Samsung Electronics America, Inc.’s, and Samsung Telecommunications
6 America, LLC’s (“Samsung’s”) Administrative Motion to File Documents Under Seal (“Motion to
7 Seal”). I have personal knowledge of the facts set forth in this Declaration and, if called as a
8 witness, could and would competently testify to them.
9

2.

The requested relief in the Motion to Seal is necessary to protect the confidentiality

10 of extremely sensitive financial information contained in the documents included in Dkt. Nos.
11 927, 991, 1013, 1022, 1060, and 1206.
12

Dkt. No. 927

13

3.

Samsung’s Motion to Exclude Opinions of Certain of Apple's Experts (Dkt. No.

14 927-01) contains references to very specific cost numbers that are HIGHLY CONFIDENTIAL –
15 ATTORNEYS’ EYES ONLY. It is my understanding that this document also contains
16 information designated by Apple as confidential. I have reviewed a version of the document that
17 was partially redacted and only included Samsung’s financial data. I did not review any of the
18 documents underlying Samsung’s Motion.
19

4.

Page 18 of this document references the specific amount of Samsung’s costs

20 considered by the experts in this case. This information is confidential and proprietary to
21 Samsung, and the adverse competitive effects on Samsung could be devastating if Samsung’s
22 competitors were able to obtain this information because this document was not filed under seal.
23 For example, competitors and business partners could use this information against Samsung to
24 undercut Samsung's pricing, or gain leverage against Samsung in business and supply agreement
25 negotiations. However, only the highlighted portions of this document need to be sealed in order
26 to protect the critical information and Samsung's interests.
27

5.

Exhibits 1, 3 and 5 to the Declaration of Joby Martin in support of Samsung’s

28 Motion to Exclude Opinions of Certain of Apple's Experts (Dkt. Nos. 927-03, 927-05 and 927-07)
02198.51855/4871001.5

Case No. 11-cv-01846-LHK (PSG)
-2DECLARATION IN SUPPORT OF SAMSUNG’S ADMIN. MOTION TO FILE UNDER SEAL

1 are documents prepared by Samsung’s damages expert in this litigation that contain HIGHLY
2 CONFIDENTIAL – ATTORNEYS’ EYES ONLY information regarding Samsung’s revenues,
3 pricing, gross profit, and other financial data from which Samsung’s revenues, pricing and profit
4 data can be calculated. It is my understanding that these documents also contain information
5 designated by Apple as confidential. I have reviewed versions of the documents that were
6 partially redacted and only included Samsung’s financial data.
7

6.

The portions of the documents that I reviewed contain highly sensitive and

8 confidential information related to Samsung’s financial results and pricing with carrier customers
9 which are not publicly reported and are protected from disclosure due to their significant
10 competitive value. Even within Samsung, the information is only available to be accessed by a
11 very limited number of finance personnel. This information is confidential and proprietary to
12 Samsung, and the adverse competitive effects on Samsung could be devastating if Samsung’s
13 competitors were able to obtain this information because this document was not filed under seal.
14 However, only the highlighted portions of this document need to be sealed in order to protect the
15 critical information and Samsung's interests.
16

7.

Exhibit 2 to the Declaration of Joby Martin in support of Samsung’s Motion to

17 Exclude Opinions of Certain of Apple's Experts (Dkt. No. 927-04) is an excerpt from the
18 HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY deposition of Apple’s damages
19 expert, Terry Musika. This transcript contains very specific information regarding Samsung’s
20 revenues, pricing, gross profit, and other financial data from which Samsung’s revenues, pricing
21 and profit data can be calculated. It is my understanding that this transcript also contains
22 information designated by Apple as confidential. I have reviewed a version of the document that
23 was partially redacted and only included Samsung’s confidential information.
24

8.

The portions of the transcript that I reviewed contain highly sensitive and

25 exceptionally confidential information related to Samsung’s financial results and pricing with
26 carrier customers which are not publicly reported and are protected from disclosure due to their
27 significant competitive value. Even within Samsung, the information is only available to be
28 accessed by a very limited number of finance personnel. This information is confidential and
02198.51855/4871001.5

Case No. 11-cv-01846-LHK (PSG)
-3DECLARATION IN SUPPORT OF SAMSUNG’S ADMIN. MOTION TO FILE UNDER SEAL

1 proprietary to Samsung, and the adverse competitive effects on Samsung could be devastating if
2 Samsung’s competitors were able to obtain this information because this document was not filed
3 under seal. However, only the highlighted portions of this document need to be sealed in order to
4 protect the critical information and Samsung's interests.
5

Dkt. No. 991

6

9.

Exhibits F and G to the Declaration of Terry L. Musika in Support of Apple’s

7 Opposition to Samsung’s Motion for Summary Judgment are spreadsheets prepared by Apple’s
8 expert showing detailed analysis of Samsung’s profits, revenues and cost of goods for 2010-2012
9 that are HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY . This information is highly
10 sensitive and confidential and is not reported outside of Samsung. Even within Samsung, this
11 information is heavily secured and very few Samsung employees have access to this information.
12 This information could be used by Samsung’s competitors in order to attempt to undercut
13 Samsung’s prices and would disadvantage Samsung’s competitive position if it were not to be
14 filed under seal.
15

Dkt. No. 1013

16

10.

Exhibit O to the Declaration of Michel Maharbiz in Support of Apple’s Opposition

17 to Samsung’s Motion for Summary Judgment contains HIGHLY CONFIDENTIAL –
18 ATTORNEYS’ EYES ONLY cost information. Specifically, page 15 of this document contains
19 Samsung’s total cost for one of its Galaxy Tab products. This information is confidential and
20 proprietary to Samsung, and the adverse competitive effects on Samsung could be devastating if
21 Samsung’s competitors were able to obtain this information because this document was not filed
22 under seal. For example, competitors and business partners could use this information against
23 Samsung to undercut Samsung's pricing, or gain leverage against Samsung in business and supply
24 agreement negotiations. However, only the highlighted number in this document needs to be
25 sealed in order to protect the critical information and Samsung's interests.
26

Dkt. No. 1022

27

11.

Exhibit 37 to the Declaration of Peter Bressler in Support of Apple’s Opposition to

28 Samsung’s Motion for Summary Judgment (Dkt. No. 1022) is a document produced by Samsung
02198.51855/4871001.5

Case No. 11-cv-01846-LHK (PSG)
-4DECLARATION IN SUPPORT OF SAMSUNG’S ADMIN. MOTION TO FILE UNDER SEAL

1 in this litigation that bears the designation HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
2 ONLY. The document contains confidential information regarding Samsung’s product costs.
3 This document contains highly sensitive and exceptionally confidential information related to
4 Samsung’s financial information and costs which is proprietary to Samsung. The adverse
5 competitive effects on Samsung could be devastating if Samsung's competitors were able to obtain
6 this information because this document was not filed under seal. However, only the highlighted
7 portions of this document need to be sealed in order to protect the critical information and
8 Samsung's interests.
9
10

Dkt. No. 1060
12.

Exhibit B to the Declaration of Michael J. Wagner in Support of Samsung's Reply

11 in Support of Motion to Exclude Testimony of Apple's Experts (Dkt. No. 1060-37) is a document
12 prepared by Samsung’s damages expert in this litigation that contains HIGHLY CONFIDENTIAL
13 – ATTORNEYS’ EYES ONLY information regarding Samsung’s revenues, pricing, gross profit,
14 and other financial data from which Samsung’s revenues, pricing and profit data can be calculated.
15 It is my understanding that this document also contains information designated by Apple as
16 confidential. I have reviewed a version of the document that was partially redacted and only
17 included Samsung’s financial data.
18

13.

The portions of the document that I reviewed contain highly sensitive and

19 exceptionally confidential information related to Samsung’s financial results and pricing with
20 carrier customers which are not publicly reported and are protected from disclosure due to their
21 enormous competitive value. Even within Samsung, the information is only available to be
22 accessed by a very limited number of finance personnel. This information is confidential and
23 proprietary to Samsung, and the adverse competitive effects on Samsung could be devastating if
24 Samsung’s competitors were able to obtain this information because this document was not filed
25 under seal. However, only the highlighted portions of this document need to be sealed in order to
26 protect the critical information and Samsung's interests.
27
28
02198.51855/4871001.5

Case No. 11-cv-01846-LHK (PSG)
-5DECLARATION IN SUPPORT OF SAMSUNG’S ADMIN. MOTION TO FILE UNDER SEAL

1

Dkt. No. 1206

2

14.

Apple’s Opposition to Samsung’s Motions in Limine (Dkt. No. 1206) includes

3 discussion of Samsung’s tax accounting procedures, confidential product strategy documents,
4 market and consumer research documents, and Samsung’s profits. This information is not a
5 matter of public record and reflects Samsung’s confidential information. This information is
6 confidential and proprietary to Samsung, and the adverse competitive effects on Samsung could be
7 devastating if Samsung’s competitors were able to obtain this information because this document
8 was not filed under seal. For example, competitors would use Samsung’s internal taxation
9 strategies to structure their own financial and product plans in order to better compete with
10 Samsung. Competitors could also use Samsung’s profit data to better plan their own product
11 releases and pricing. However, only the highlighted portions of this document need to be sealed in
12 order to protect the critical information and Samsung’s interests.
13

15.

Exhibit 42 to the Kanada Declaration is a document prepared by Samsung’s

14 damages expert in this litigation that contains HIGHLY CONFIDENTIAL – ATTORNEYS’
15 EYES ONLY information regarding Samsung’s recent profits calculated on a product-by-product
16 basis. This document contains highly sensitive and exceptionally confidential information related
17 to Samsung’s recent financial results which are not publicly reported and are protected from
18 disclosure due to their significant competitive value. Such information is kept highly confidential
19 even within Samsung and can only be accessed by certain financial personnel, on a very restricted
20 need-to-know basis. This information is confidential and proprietary to Samsung, and the adverse
21 competitive effects on Samsung could be devastating if Samsung’s competitors were able to
22 obtain this information because this document was not filed under seal. For example, competitors
23 and business partners could use this information against Samsung to improve or plan their own
24 profit strategies in order to better compete. Because the confidential information can been seen
25 throughout this document, the document should be sealed in its entirety.
26

16.

Exhibit 43 to the Kanada Declaration consists of an excerpt from the transcript of

27 Michael Wagner which was designated HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
28 ONLY. The excerpt discusses confidential information regarding Samsung’s profit margins for
02198.51855/4871001.5

Case No. 11-cv-01846-LHK (PSG)
-6DECLARATION IN SUPPORT OF SAMSUNG’S ADMIN. MOTION TO FILE UNDER SEAL

1 particular products which are not publicly reported and are protected from disclosure due to their
2 enormous competitive value. This information is confidential and proprietary to Samsung, and the
3 adverse competitive effects on Samsung could be devastating if Samsung’s competitors were able
4 to obtain this information because this document was not filed under seal. If a competitor knew
5 what Samsung’s profit margins were on particular products, it could use that information to
6 undercut Samsung’s pricing and obtain an unfair competitive advantage. However, in an effort to
7 balance the public’s need to know with Samsung’s interest in protecting its confidential
8 information, Samsung is seeking to seal only one sentence, which is highlighted, and which
9 contains the most sensitive information.
10

17.

Exhibit 44 to the Kanada Declaration consists of an excerpt from the transcript of

11 Timothy Sheppard which was designated HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
12 ONLY. The excerpt discusses confidential information regarding Samsung’s profit margins
13 which are not publicly reported and are protected from disclosure due to their enormous
14 competitive value. Such information is kept highly confidential even within Samsung and can
15 only be accessed by certain financial personnel, on a very restricted need-to-know basis. This
16 information is confidential and proprietary to Samsung, and the adverse competitive effects on
17 Samsung could be devastating if Samsung’s competitors were able to obtain this information
18 because this document was not filed under seal. For example, competitors and business partners
19 could use this information against Samsung to improve or plan their own profit strategies in order
20 to better compete. Competitors could also use this information against Samsung in business
21 negotiations. Because the confidential information can been seen throughout this document, the
22 document should be sealed in its entirety.
23

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02198.51855/4871001.5

Case No. 11-cv-01846-LHK (PSG)
-7DECLARATION IN SUPPORT OF SAMSUNG’S ADMIN. MOTION TO FILE UNDER SEAL