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

Filing 1408

Corrected Renewed Administrative Motion to File Under Seal filed by Apple Inc.. (Attachments: # 1 Proposed Order, # 2 Declaration of Nathan Sabri, # 3 Declaration of Mark D. Selwyn, # 4 Declaration of Erica Tierney)(Jacobs, Michael) (Filed on 7/27/2012) Modified text on 7/30/2012 (dhm, COURT STAFF).

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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., a California corporation,

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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,

Case No.

11-cv-01846-LHK (PSG)

DECLARATION OF MARK D.
SELWYN IN SUPPORT OF
APPLE’S CORRECTED
RENEWED ADMINISTRATIVE
MOTION TO FILE DOCUMENTS
UNDER SEAL

Defendants.

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DECLARATION OF MARK D. SELWYN ISO APPLE’S CORRECTED RENEWED MOTION TO FILE UNDER SEAL
CASE NO. 5:11-cv-01846-LHK
sf-3175786

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I, Mark D. Selwyn, do hereby declare as follows:

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1.

I am a partner with the law firm of Wilmer Cutler Pickering Hale and Dorr LLP

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and counsel for plaintiff and counterclaim-defendant Apple Inc. (“Apple”). I am familiar with

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and knowledgeable about the facts stated in this declaration and if called upon could and would

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testify competently as to the statements made herein.

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2.

In the course of discovery, various third parties have produced documents,

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including source code and non-public product information, designated as confidential. At various

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times, the parties have filed motions containing or referencing, either in the body of the motion or

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as exhibits, certain of these documents.

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3.

Apple’s Corrected Renewed Motion to Seal seeks to seal, among other things,

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documents produced by Intel or Qualcomm with a confidential designation, or information

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derived from such documents, that have been included as part of Apple’s submissions, at least for

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sufficient time to allow these third parties to file a motion to seal if they desire to do so.

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4.

Exhibit M to the Declaration of David Hecht in Support of Samsung’s Opposition

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to Apple’s Motion for Partial Summary Judgment is a declaration from Carl D. Herbert, an

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employee of Intel. Apple originally filed Exhibit M non-publicly in Korea, and it is marked

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“Intel Confidential” by Intel.

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5.

Apple’s Motion for Summary Judgment contains information about Intel baseband

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processors based on documents and source code produced by Intel in this action and in ITC Inv.

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No. 337-794 that Intel designated as confidential. A proposed redacted version of this exhibit is

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attached in highlighted form as Exhibit 1.

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6.

Exhibit 4 to the Selwyn Declaration in Support of Apple’s Motion for Summary

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Judgment is an excerpt from the Expert Report of Richard D. Wesel, an expert retained by

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Samsung. Paragraphs 53, 57, 59, 61, 65-69, 74-75, 87-91, and 93 appear to contain information

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about Intel’s products and source code that Intel designated as confidential and paragraph 54

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contains information about Qualcomm’s products that Qualcomm designated as confidential. A

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proposed redacted version of this exhibit is attached in highlighted form as Exhibit 2.

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DECLARATION OF MARK D. SELWYN ISO APPLE’S CORRECTED RENEWED MOTION TO FILE UNDER SEAL
CASE NO. 5:11-cv-01846-LHK
sf-3175786

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7.

Exhibit 5 to the Selwyn Declaration in Support of Apple’s Motion for Summary

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Judgment is an excerpt from the deposition transcript of Richard D. Wesel, an expert retained by

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Samsung. Pages 113-117 and 165-166 appear to contain information about Intel’s products and

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source code that Intel may consider confidential. A proposed redacted version of this exhibit is

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attached in highlighted form as Exhibit 3.

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8.

Exhibit 7 to the Selwyn Declaration in Support of Apple’s Motion for Summary

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Judgment is the Expert Report of Wayne Stark Regarding Non-Infringement of U.S. Patent

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Number 7,362,867. Paragraphs 26-31, 38-39, 52-56, 58, 65-67, 72-76, and 85-87 contain

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information about Intel baseband processors based on documents and source code produced by

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Intel in this action and in ITC Inv. No. 337-794 that Intel designated as confidential. A proposed

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redacted version of this exhibit is attached in highlighted form as Exhibit 4.

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9.

Apple’s Reply in Support of its Motion for Summary Judgment contains

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information about Intel baseband processors based on documents and source code produced by

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Intel in this action and in ITC Inv. No. 337-794 that Intel designated as confidential. A proposed

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redacted version of this exhibit is attached in highlighted form as Exhibit 5.

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DECLARATION OF MARK D. SELWYN ISO APPLE’S CORRECTED RENEWED MOTION TO FILE UNDER SEAL
CASE NO. 5:11-cv-01846-LHK
sf-3175786

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I declare under the penalty of perjury under the laws of the United States of America that

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the forgoing is true and correct to the best of my knowledge and that this Declaration was

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executed this 27th day of July 2012 at Palo Alto, California.

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Dated: July 27, 2012

/s/ Mark D. Selwyn
Mark D. Selwyn

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DECLARATION OF MARK D. SELWYN ISO APPLE’S CORRECTED RENEWED MOTION TO FILE UNDER SEAL
CASE NO. 5:11-cv-01846-LHK
sf-3175786

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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
Declaration. In compliance with General Order 45, X.B., I hereby attest that Mark D. Selwyn has
concurred in this filing.
Dated: July 27, 2012

/s/ Michael A. Jacobs
Michael A. Jacobs

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DECLARATION OF MARK D. SELWYN ISO APPLE’S CORRECTED RENEWED MOTION TO FILE UNDER SEAL
CASE NO. 5:11-cv-01846-LHK
sf-3175786