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

Filing 1378

Administrative Motion to File Under Seal filed by Toshiba Corporation. (Attachments: # 1 Declaration Uchigasaki, # 2 Exhibit Uchigasaki Exhibit 1, # 3 Exhibit Uchigasaki Exhibit 2, # 4 Declaration Dodd, # 5 Proposed Order)(Dodd, Kimberly) (Filed on 7/26/2012) Modified on 7/31/2012 Pursuant to General Order No. 62 attachment #1 and #4 sealed (dhm, COURT STAFF).

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KIMBERLY K. DODD, CA Bar No. 235109, [e-mail]
FOLEY & LARDNER LLP
ATTORNEYS AT LAW
777 EAST WISCONSIN AVENUE
MILWAUKEE, WI 53202-5306
TELEPHONE:
414.271.2400
FACSIMILE:
414.297.4900

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ATTORNEYS FOR THIRD PARTY TOSHIBA CORPORATION

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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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Case No: 11-cv-01846-LHK

v.

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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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DECLARATION OF KIMBERLY K.
DODD IN SUPPORT OF TOSHIBA
CORPORATION’S EMERGENCY
ADMINISTRATIVE MOTION TO FILE
DOCUMENTS UNDER SEAL

Defendants.

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Judge:

The Honorable Lucy H. Koh

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DECLARATION OF KIMBERLY K. DODD IN SUPPORT OF EMERGENCY
ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
CASE NO. 11-CV-01846-LHK
4814-9191-1952.1

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I, Kimberly K. Dodd, declare as follows:

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1.

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I am an attorney at the law firm of Foley & Lardner LLP. We represent Toshiba

Corporation for purposes of this emergency motion.
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I submit this declaration pursuant to Civil L.R. 7-11(a) in support of Toshiba’s

emergency administrative motion to seal documents.
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Melissa Dalziel, counsel for Samsung, sent an e-mail to several third parties

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yesterday, July 25, regarding the issue of sealing trial exhibits in the above-captioned action.

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Ms. Dalziel indicated that Samsung is willing to enter into a stipulation to seal trial exhibits

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disclosing confidential information similar to the information that is the subject of Toshiba’s

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emergency administrative motion to seal. Ms. Dalziel indicated that Samsung would be meeting

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with Apple later in the day, and that she would let everyone know if Samsung reached an

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agreement with Apple on this issue.

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4.

I called Ms. Dalziel this morning to determine if Samsung and Apple reached a

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resolution on this issue. Ms. Dalziel did not answer her phone, so I left a voicemail message for

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her. Ms. Dalziel left a voicemail message in return for me indicating that Apple and Samsung

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have not yet reached a resolution on how to deal with this issue.

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5.

It is our understanding that the Court is conducting a pretrial conference for this

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case tomorrow, July 27, and that the trial starts on Monday, July 30. Given this timeframe,

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Toshiba had no choice but to file the present motion without waiting for Samsung and Apple to

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further negotiate this issue.

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

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Executed on July 26, 2012.

/s/ Kimberly K. Dodd
Kimberly K. Dodd

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DECLARATION OF KIMBERLY K. DODD IN SUPPORT OF EMERGENCY
ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
CASE NO. 11-CV-01846-LHK

4814-9191-1952.1