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

Filing 1501

Declaration of JASON R. BARTLETT in Support of 1499 Administrative Motion to File Under Seal APPLES MOTION TO SEAL PRIOR MOTIONS AND EXHIBITS THERETO filed byApple Inc.. (Related document(s) 1499 ) (Jacobs, Michael) (Filed on 7/30/2012)

1
2
3
4
5
6
7
8
9
10
11
12

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]

Attorneys for Plaintiff and
Counterclaim-Defendant APPLE INC

13

UNITED STATES DISTRICT COURT

14

NORTHERN DISTRICT OF CALIFORNIA

15

SAN JOSE DIVISION

16
17

APPLE INC., a California corporation,
Plaintiff,

18
19
20
21
22

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,

23

Case No.

11-cv-01846-LHK

DECLARATION OF JASON R.
BARTLETT IN SUPPORT OF
APPLE’S MOTION TO SEAL
PREVIOUSLY FILED MOTIONS
AND EXHIBITS

Defendants.

24
25
26
27
28
BARTLETT DECL. ISO APPLE’S MOTION TO SEAL PREVIOUSLY FILED MOTIONS AND EXHIBITS
CASE NO. 11-CV-01846-LHK

sf-3176476

1

I, JASON R. BARTLETT, declare as follows:

2

1.

I am a partner in the law firm of Morrison & Foerster LLP, counsel for Apple Inc.

3

(“Apple”). I am licensed to practice law in the State of California and admitted to practice

4

before this Court. I have personal knowledge of the matters stated herein or understand them to

5

be true from members of my litigation team. I make this declaration in support of Apple’s

6

Motion to Seal Previously Filed Motions and Exhibits.

7

2.

The following documents consist of the Expert Report of Terry L. Musika or

8

portions thereof:


9

Exhibit A to the Declaration of Terry Musika in Support of Apple’s Opposition
to Samsung’s Daubert Motion

10


11

Exhibit 3 to the Declaration of Joby Martin in Support of Samsung’s Daubert
Motion

12


13

Exhibit Q to the Declaration of Mia Mazza in Support of Apple’s Opposition
to Samsung’s Daubert Motion

14


15

Exhibit 6 to the Declaration of Joby Martin in Support of Samsung’s Daubert
Motion

16
17

This report and exhibits contain highly sensitive financial data, capacity data, and third-party

18

consumer research as described in detail in the Declaration of Jim Bean in Support of Motion to

19

Seal Previously Filed Motions (“Bean Declaration”) filed herewith and the Declaration of

20

Nathan Sabri in Support of Apple’s Corrected Renewed Motion to Seal (Dkt. No. 1408-2) (“Sabri

21

Declaration”). Proposed redacted versions are attached in highlighted form as Exhibits 1, 2, 3,

22

and 4, respectively.

23
24

3.

The following exhibits consist of the Supplemental Expert Report of Terry Musika

or portions thereof:


25

Exhibit B to the Declaration of Terry Musika in Support of Apple’s Opposition
to Samsung’s Daubert Motion

26


27

Exhibit 1 to the Declaration of Joby Martin in Support of Samsung’s Daubert
Motion

28

BARTLETT DECL. ISO APPLE’S MOTION TO SEAL PREVIOUSLY FILED MOTIONS AND EXHIBITS
CASE NO. 11-CV-01846-LHK

sf-3176476

1



1
2

Exhibit C to the Declaration of Terry Musika in Support of Apple’s Opposition
to Samsung’s Motion for Summary Judgment



3
4

Exhibit E to the Declaration of Terry Musika in Support of Apple’s Opposition
to Samsung’s Motion for Summary Judgment



5
6

Exhibit K to the Declaration of Terry Musika in Support of Apple’s Opposition
to Samsung’s Daubert Motion



7
8

Exhibit Y to the Declaration of Terry Musika in Support of Apple’s Opposition
to Samsung’s Daubert Motion



9
10

Exhibit 10 to the Declaration of Joby Martin in Support of Samsung’s Daubert
Motion



11
12

Exhibit Z to the Declaration of Terry Musika in Support of Apple’s Opposition
to Samsung’s Daubert Motion



13
14

Exhibit 7 to the Declaration of Joby Martin in Support of Samsung’s Daubert
Motion

15

This report and exhibits also contain highly sensitive financial data, capacity data, and third-party

16

consumer research as described in detail in the Bean Declaration and Sabri Declaration. Proposed

17

redacted versions are attached in highlighted form as Exhibits 5 through 13, respectively.

18

4.

Samsung’s Reply in Support of Motion to Strike and the Declaration of

19

Michael Wagner in Support thereof include specific terms of licenses, settlements, and

20

acquisitions, as discussed in detail in the Bean Declaration. A proposed redacted version of this

21

reply and supporting declaration is attached in highlighted form as Exhibit 14.

22

5.

Exhibit B to the Declaration of Michael Wagner in Support of Samsung’s Reply in

23

Support of Motion to Strike consists of the Corrected Expert Report of Michael J. Wagner

24

(Vol. 1). This report contains product profit margin information and specific details of an

25

acquisition as discussed in detail in the Bean Declaration. A proposed redacted version of this

26

exhibit is attached in highlighted form as Exhibit 15.

27
28

6.

Exhibit AA to the Declaration of Terry Musika in Support of Apple’s Opposition

to Samsung’s Daubert Motion includes product profit margin information as discussed in detail
BARTLETT DECL. ISO APPLE’S MOTION TO SEAL PREVIOUSLY FILED MOTIONS AND EXHIBITS
CASE NO. 11-CV-01846-LHK

sf-3176476

2

1

in the Bean Declaration. A proposed redacted version of this exhibit is attached in highlighted

2

form as Exhibit 16.

3

7.

Exhibit P1 to the Declaration of David Hecht in Support of Samsung’s Opposition

4

to Apple’s Motion for Partial Summary Judgment is an excerpt from the deposition of

5

Boris Teksler. It contains confidential information related to Apple’s license agreements with

6

third parties as described in detail in the Bean Declaration. A proposed redacted version of this

7

exhibit is attached in highlighted form as Exhibit 17.

8
9

8.

Exhibit 32 to the Martin Declaration in Support of Samsung’s Daubert Motion is

the Expert Report of Richard L. Donaldson, Esq. Pages 23-29 contain highly sensitive and

10

confidential Apple and third party information about Apple’s current and past licenses as

11

described in detail in the Bean Declaration. A proposed redacted version of this exhibit is

12

attached in highlighted form as Exhibit 18.

13

9.

Exhibit 67 to the Declaration of Brett Arnold in Support of Samsung’s Motion for

14

Summary Judgment is Apple Inc.’s Objections and Responses to Samsung’s Fourth Set of

15

Interrogatories. It contains highly sensitive and confidential Apple and third party information

16

about Apple’s current and past licenses as described in detail in the Bean Declaration. A

17

proposed redacted version of this exhibit is attached in highlighted form as Exhibit 19.

18

10.

Exhibit A to the Declaration of Janusz A. Ordover in Support of Apple’s

19

Opposition to Samsung’s Motion for Summary Judgment is the Expert Report of Dr. Janusz A.

20

Ordover. Footnote 161 contains confidential information regarding Apple’s licenses as

21

described in the Bean Declaration. A proposed redacted version of this exhibit is attached in

22

highlighted form as Exhibit 20.

23

11.

Exhibit C to the Declaration of Michael Wagner in Support of Samsung’s Reply in

24

Support of Motion to Strike is a true and correct copy of a summary of Apple’s Licenses and

25

Agreements. It contains highly sensitive and confidential Apple and third party information

26

about Apple’s current and past licenses as described in the Bean Declaration. A proposed

27

redacted version of this exhibit is attached in highlighted form as Exhibit 21.

28
BARTLETT DECL. ISO APPLE’S MOTION TO SEAL PREVIOUSLY FILED MOTIONS AND EXHIBITS
CASE NO. 11-CV-01846-LHK

sf-3176476

3

1
2

I declare under penalty of perjury that the foregoing is true and correct. Executed this
30th day of July, 2012 at San Jose, California.

3
/s/ Jason R. Bartlett
Jason R. Bartlett

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

BARTLETT DECL. ISO APPLE’S MOTION TO SEAL PREVIOUSLY FILED MOTIONS AND EXHIBITS
CASE NO. 11-CV-01846-LHK

sf-3176476

4

1

ATTESTATION

2

I, Michael A. Jacobs, am the ECF User whose ID and password are being used to file this

3

Declaration. In compliance with General Order 45, X.B., I hereby attest that Jason R. Bartlett has

4

concurred in this filing.

5

Dated: July 30, 2012

6

/s/ Michael A. Jacobs
Michael A. Jacobs

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
BARTLETT DECL. ISO APPLE’S MOTION TO SEAL PREVIOUSLY FILED MOTIONS AND EXHIBITS
CASE NO. 11-CV-01846-LHK

sf-3176476

5