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

Filing 1506

First Administrative Motion to File Under Seal filed by Telefonaktiebolaget LM Ericsson. (Attachments: # 1 Declaration, # 2 Proposed Order)(Reichman, Courtland) (Filed on 7/30/2012)

1

I, Anna Johns, declare as follows:

2

1.

I am Director, Patent Licensing for Ericsson Inc., and am responsible for the patent

3

licensing activities of Telefonaktiebolaget LM Ericsson (“Ericsson”) in North America. I have

4

personal knowledge of the facts stated herein.

5

2.

I understand that Samsung has designated three potential trial exhibits -- exhibits 77,

6

630, and 631 -- that contain Ericsson’s confidential business information. Samsung has indicated

7

that it has provided Ericsson with the portions of those trial exhibits that contain the Ericsson

8

information. The proposed exhibits disclose confidential and sensitive competitive business and

9

licensing information of Ericsson, which Ericsson treats as trade secrets.

10

3.

Trial Exhibit 77 references a license between Samsung and Ericsson that became

303 Twin Dolphin Drive, Suite 600
Redwood Shores, California 94065

effective January 1, 2006 (the “2006 License”) and discloses, among other information, the term of,

12
McKool Smith Hennigan P.C.

11

the monetary consideration paid for, and the patent rights covered by, the 2006 License.

13

4.

Trial Exhibit 630 includes Exhibit 3A, entitled “Summary of Samsung License

14

Agreements.” Exhibit 3A references two licenses between Samsung and Ericsson: a Patent License

15

Agreement that became effective in December 2001 (the “2001 License”) and the 2006 License and

16

discloses, among other information, the terms of, the products and technology covered by, the

17

geographic scope of, and the payments under, the 2001 License and the 2006 License.

18

5.

Trial Exhibit 630 also includes Exhibit 3B, entitled “Summary of Apple UMTS

19

License Agreements.” Exhibit 3B references two licenses between Apple and Ericsson: a Patent

20

License Agreement that became effective in June 2003 (the “2003 License”) and a Patent License

21

Agreement that became effective in January 2008 (the “2008 License”) and discloses, among other

22

information, the terms of, the products and technology covered by, the geographic scope of, and the

23

payments under, the 2003 License and the 2008 License.

24
25
26

6.

Trial Exhibit 631 includes Exhibit 4A, entitled “Initial Royalty Rates - Motorola and

Ericsson” and discloses Ericsson’s initial GSM, CDMA, and WCDMA royalty rates.
7.

Trial Exhibit 631 also includes Exhibit 4B, entitled “Estimating Samsung Balance

27

Royalty Rates” and discloses the net royalty, total revenues, gross royalties, partner rates, and

28

Samsung rates with respect to the 2006 License.
1
Case No. 11-CV-01846-LHK

DECLARATION OF ANNA JOHNS IN SUPPORT OF
ERICSSON’S ADMINISTRATIVE MOTION TO SEAL
McKool 491342v1