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

Filing 1335

Declaration of Michael B. Levin in Support of 1334 Emergency MOTION to Expedite by Non-Parties InterDigital Communications, LLC and InterDigital Technology Corporation for an Order Closing the Courtroom and Sealing the Transcript During Discussion of InterDigital's Confidential Information filed byInterDigital Communications LLC, InterDigital Technology Corporation. (Attachments: # 1 Exhibit 1 - Redacted, # 2 Exhibit 2 - Redacted)(Related document(s) 1334 ) (Cacovean, Corina) (Filed on 7/25/2012)

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MICHAEL B. LEVIN (SBN: 172329)
[e-mail]
DYLAN J. LIDDIARD (SBN: 203055)
[e-mail]
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
650 Page Mill Road
Palo Alto, CA 94304-1050
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Non-Parties
INTERDIGITAL TECHNOLOGY
CORPORATION and
INTERDIGITAL COMMUNICATIONS LLC

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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,

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Plaintiff,
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v.
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SAMSUNG ELECTRONICS CO., LTD., a
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Korean corporation; SAMSUNG
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ELECTRONICS AMERICA, INC., a New York )
corporation; SAMSUNG
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TELECOMMUNICATIONS AMERICA, LLC, a )
Delaware limited liability company,
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Defendants.
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CASE NO.: 11-CV-01846-LHK
DECLARATION OF MICHAEL B.
LEVIN IN SUPPORT OF
EMERGENCY MOTION BY NONPARTIES INTERDIGITAL
COMMUNICATIONS, LLC AND
INTERDIGITAL TECHNOLOGY
CORPORATION FOR AN ORDER
CLOSING THE COURTROOM AND
SEALING THE TRANSCRIPT
DURING DISCUSSION OF
INTERDIGITAL’S CONFIDENTIAL
INFORMATION
Date: Expedited Request
Courtroom: 8, 4th Floor
Judge: Lucy H. Koh

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I, Michael B. Levin, declare as follows:

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1.

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I am a member of Wilson Sonsini Goodrich & Rosati, counsel for third parties

InterDigital Communications, LLC and InterDigital Technology Corporation (collectively

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5012960_1.DOCX

LEVIN DECL. ISO INTERDIGITAL’S EMERGENCY MOT’N FOR AN ORDER CLOSING THE COURTROOM AND SEALING THE
TRANSCRIPT
Case No. 11-CV-01846-LHK

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“InterDigital”). I submit this declaration in support of InterDigital’s Emergency Motion for an

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Order Closing the Courtroom and Sealing the Transcript During Discussion of InterDigital’s

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Confidential Information. I have personal knowledge of the facts stated herein.

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2.

On Sunday, July 22, 2012, at 12:33 a.m., counsel for Samsung emailed

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InterDigital a letter notifying it that Samsung has designated potential trial exhibits that contain

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InterDigital confidential information (or the “InterDigital Confidential Documents”).

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Specifically, the InterDigital Confidential Documents included in the trial exhibits identified by

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Samsung in its letter consist of the following: (a) a Patent License and Settlement Agreement

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entered into as of November 24, 2008, between Samsung and InterDigital (the “Samsung–

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InterDigital PLA”) – included in Trial Exhibit 77; (b) a table summarizing key terms of the

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Samsung–InterDigital PLA, attached as Exhibit 3A to Samsung’s Expert Report of David Teece,

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dated March 22, 2012 – included in Trial Exhibit 630; and (c) a table summarizing key terms of

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the Wireless Patent License Agreement between Apple Inc. and InterDigital (the “Apple–

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InterDigital PLA”), attached as Exhibit 3B to Samsung’s Expert Report of David Teece, dated

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March 22, 2012 – included in Trial Exhibit 630.

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InterDigital has requested Samsung to provide Trial Exhibits 77 and 630 in their

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entirety so as to allow InterDigital to redact its confidential information as presented in those

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exhibits and lodge them with the Clerk pursuant to Civ. L.R 79-5 (b)-(c). Samsung has not

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provided these exhibits to InterDigital in their entirety. Thus, InterDigital has only excerpts of

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these exhibits, as provided to it by Samsung, available for filing with this motion.

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4.

Attached hereto as Exhibit 1 are proposed redacted versions of the InterDigital

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confidential information included by Samsung in Trial Exhibit 77. The portions that InterDigital

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requests to be sealed are highlighted in blue.

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Attached hereto as Exhibit 2 are proposed redacted versions of the InterDigital

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confidential information included by Samsung in Trial Exhibit 630. The portions that

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InterDigital requests to be sealed are highlighted in blue.

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5012960_1.DOCX

LEVIN DECL. ISO INTERDIGITAL’S EMERGENCY MOT’N FOR AN ORDER CLOSING THE COURTROOM AND SEALING THE
TRANSCRIPT
Case No. 11-CV-01846-LHK

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6.

Pursuant to Civ. L.R. 7-11, InterDigital has attempted to obtain a stipulation from

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Apple, Samsung, and Reuters America in connection with this motion. Samsung has agreed to

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the stipulation. However, a stipulation with Apple and Third Party Intervenor Reuters America

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has not been reached.

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I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct.
Executed in Philadelphia, Pennsylvania on the 25th day of July, 2012.

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By:
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/s/ Michael B. Levin
Michael B. Levin

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5012960_1.DOCX

LEVIN DECL. ISO INTERDIGITAL’S EMERGENCY MOT’N FOR AN ORDER CLOSING THE COURTROOM AND SEALING THE
TRANSCRIPT
Case No. 11-CV-01846-LHK

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ATTESTATION OF E-FILED SIGNATURE
I, Corina I. Cacovean, am the ECF User whose ID and password are being used to

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file this Declaration. In compliance with General Order 45, X.B., I hereby attest that

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Michael B. Levin has concurred in this filing.

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Dated: July 25, 2012

WILSON SONSINI GOODRICH & ROSATI
Professional Corporation

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/s/ Corina I. Cacovean
Corina I. Cacovean

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Attorneys for Non-Parties
INTERDIGITAL TECHNOLOGY
CORPORATION and
INTERDIGITAL COMMUNICATIONS, LLC

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5012960_1.DOCX

LEVIN DECL. ISO INTERDIGITAL’S EMERGENCY MOT’N FOR AN ORDER CLOSING THE COURTROOM AND SEALING THE
TRANSCRIPT
Case No. 11-CV-01846-LHK