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

Filing 1498

Administrative Motion to File Under Seal Non-Party Siemens AG's Administrative Motion to Seal filed by Siemens AG. (Attachments: # 1 Declaration John P. Bovich, # 2 Exhibit A, # 3 Exhibit B, # 4 Declaration Frank J. Nuzzi, # 5 Exhibit A, # 6 Exhibit B, # 7 Proposed Order)(Bovich, John) (Filed on 7/30/2012)

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John P. Bovich (SBN 150688)
Email: [e-mail]
James A. Daire (SBN 239637)
Email: [e-mail]
REED SMITH LLP
101 Second Street, Suite 1800
San Francisco, CA 94105-3659
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for NON-PARTY
Siemens AG

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NORTHERN DISTRICT OF CALIFORNIA

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REED SMITH LLP

UNITED STATES DISTRICT COURT

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A limited liability partnership formed in the State of Delaware

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San Jose Division

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APPLE INC., a California corporation,

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Plaintiff,
vs.
SAMSUNG ELECTRONICS CO., LTD., a
Korean corporation; SAMSUNG
ELECTRONICS AMERICA, INC., a New York
corporation; and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC, a
Delaware limited liability company,

No.: 11-cv-01846-LHK (PSG)
DECLARATION OF JOHN P. BOVICH IN
SUPPORT OF NON-PARTY SIEMENS
AG’S ADMINISTRATIVE MOTION TO
SEAL
Honorable Lucy H. Koh

Defendants.

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I, John P. Bovich, declare and state as follows:

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1.

I am an attorney with Reed Smith LLP, counsel for non-party Siemens AG

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(“Siemens”). I have personal knowledge of the facts stated in this Declaration and, if called as a

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witness, could and would competently testify to them.

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2.

On July 21, 2012, Siemens received the letter attached hereto as Exhibit A from trial

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counsel for Samsung Electronic Co. LTD. (“Samsung”), concerning Trial Exhibit 77: the Siemens

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Patent License Agreement (“the Agreement”) and the summary of same (enclosures omitted).

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Case No. 11-cv-01846-LHK (PSG)
–1–
US_ACTIVE-110178154.1
DECLARATION OF JOHN P. BOVICH IN SUPPORT OF NON-PARTY SIEMENS AG’S ADMINISTRATIVE
MOTION TO SEAL

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3.

On Saturday, July 28, 2012, I spoke to John Steiger, outside attorney for Samsung,

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and proposed that Samsung agree to submit redacted versions of the Agreement and the summary for

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consideration by the Court and/or jury.

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4.

This would have protected Siemens’ interest by preventing the disclosure of Siemens’

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highly sensitive licensing terms. It also would have mooted the need for a separate motion to seal by

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Siemens.

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5.

On Sunday, July 29, 2012, I spoke with Melissa Dalziel, another outside attorney for

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Samsung. She informed me that Samsung would not agree to the proposal because Samsung did not

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want to treat Siemens differently from other intervening non-parties or take on the burden

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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resubmitting Trial Exhibit 77 with the appropriate redactions. She suggested that Siemens file its

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own administrative motion to seal.

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6.

A true and correct copy of excerpts from the Court’s July 27, 2012 hearing are

attached hereto as Exhibit B.

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I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct.
July 30, 2012.
/s/ John P. Bovich
John P. Bovich

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Case No. 11-cv-01846-LHK (PSG)
–2–
US_ACTIVE-110178154.1
DECLARATION OF JOHN P. BOVICH IN SUPPORT OF NON-PARTY SIEMENS AG’S ADMINISTRATIVE
MOTION TO SEAL