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 FRANK. J. NUZZI IN
SUPPORT OF NON-PARTY SIEMENS
AG’S ADMINISTRATIVE MOTION TO
SEAL
Honorable Lucy H. Koh

Defendants.

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I, Frank J. Nuzzi, declare and state as follows:

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1.

I am Senior IP Counsel for Siemens Corporation. Given the timing issues in this case

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and the late notice Siemens AG received, I understand that an employee of Siemens AG is unable to

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submit a responsive declaration along with the motion to seal. However, I make this declaration

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based on what I believe Siemens AG’s position would be had Siemens AG had sufficient time to

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respond in this case. I have personal knowledge of Siemens AG’s positions it has taken in similar

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circumstances and I make my declaration based on such knowledge.

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Case No. 11-cv-01846-LHK (PSG)
–1–
US_ACTIVE-110171552.1
DECLARATION OF FRANK J. NUZZI IN SUPPORT OF NON-PARTY SIEMENS AG’S ADMINISTRATIVE
MOTION TO SEAL

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2.

In December 2003, Siemens AG and Samsung Electronics Co. LTD. (“Samsung”)

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entered into a written Patent License Agreement (“the Agreement”). (A true and correct redacted

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copy of the Agreement is attached hereto as Exhibit A.)

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3.

While the fact that the parties entered into the Agreement is not confidential, the

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Agreement contains confidentiality obligations wherein each party’s ability to disclose the terms of

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the Agreement is restricted, absent the other party’s consent. [Exh. A, Sect. 7.]

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4.

I understand that trial counsel for Samsung intends to introduce into evidence both

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the Agreement and a summary of its key terms as Trial Exhibit 77. (A true and correct copy of a

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redacted version of the summary of key terms is attached hereto as Exhibit B.) Such an introduction

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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would necessarily involve the disclosure of confidential terms of the Agreement.
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I also understand that Trial Exhibit 77 will disclose at least the term or expiration of

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the Agreement, the monetary consideration paid for the license rights granted, as well as the

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technological scope of the license. Siemens AG considers this type of information to be highly

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confidential, and amongst its most sensitive business information.

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6.

Siemens AG owns one of the largest and most important patent portfolios in the

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world. I understand from the Siemens AG website that Siemens AG holds approximately 58,000

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patents worldwide. [http://www.siemens.com/corporate-technology/en/patents-and-

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standards/index.htm.] The protection, utilization, and expansion of Siemens AG’s intellectual

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property rights are vital to its success. Id.

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7.

Siemens AG is in constant negotiations with multiple companies regarding patent

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licenses, including relating to the technology at issue in the Agreement (as I understand it). Siemens

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AG’s ability to negotiate these licenses on competitive terms would be severely hampered if the

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confidential terms of its existing license agreements were made public. This is especially true

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where, as in the Agreement here, the confidential terms relate to the term of the license, unexpired

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patents or patents for which there remains an enforceable term, the monetary consideration paid for

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the license rights granted, and/or the technological scope of the license.

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Case No. 11-cv-01846-LHK (PSG)
–2–
US_ACTIVE-110171552.1
DECLARATION OF FRANK J. NUZZI IN SUPPORT OF NON-PARTY SIEMENS AG’S ADMINISTRATIVE
MOTION TO SEAL

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8.

Given the extreme importance and sensitivity of this information, I believe that

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Siemens AG would be severely harmed should the information contained in Trial Exhibit 77 become

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public without redactions.

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9.

Redacted versions of the Agreement and the summary of its key terms are attached

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hereto as Exhibits A and B, respectively. Siemens AG has no objection to these redacted versions

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being displayed publicly, so long as the redacted information is only submitted under seal.

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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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.
Frank J. Nuzzi*
Frank J. Nuzzi

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*Filer’s Attestation: Pursuant to General Order No. 45,
Section X(B) regarding signatures, John P. Bovich
hereby attests that concurrence in the filing of this
document has been obtained.

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Case No. 11-cv-01846-LHK (PSG)
–3–
US_ACTIVE-110171552.1
DECLARATION OF FRANK J. NUZZI IN SUPPORT OF NON-PARTY SIEMENS AG’S ADMINISTRATIVE
MOTION TO SEAL