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

Filing 193

Declaration of Cyndi Wheeler in Support of #169 Administrative Motion to File Under Seal filed byApple Inc.. (Attachments: #1 Proposed Order)(Related document(s) #169 ) (Bartlett, Jason) (Filed on 8/30/2011)

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HAROLD J. MCELHINNY (CA SBN 66781)
[e-mail]
MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
RICHARD S.J. HUNG (CA SBN 197425)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: [phone]

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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]
WILLIAM F. LEE (pro hac vice)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
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,
Plaintiff,

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v.
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,

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Defendants.

Case No. 11-cv-01846-LHK
DECLARATION OF CYNDI WHEELER IN
SUPPORT OF SEALING SAMSUNG’S
UNREDACTED MOTION TO EXCLUDE
ORDINARY OBSERVER OPINIONS OF
APPLE EXPERT COOPER WOODRING
AND EXHIBITS 3, 5, AND 8 TO THE
DECLARATION OF MICHAEL T. ZELLER
Date:
Time:
Place:
Judge:

Hon. Lucy H. Koh

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DECLARATION OF CYNDI WHEELER IN SUPPORT OF SEALING SAMSUNG’S MOTION
CASE NO. 11-CV-01846-LHK
sf-3040011

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Pursuant to Civil L.R. 79-5(d), Plaintiff Apple Inc. submits the appended declaration of

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Cyndi Wheeler in support of Samsung’s Stipulated Administrative Motion to File Under Seal

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Pursuant to Local Rules 7-11 and 79-5 (D.N. 169), to establish that the following are sealable:

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•

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Observer Opinions of Apple Expert Cooper Woodring (D.N. 176) (“Motion to Exclude”);

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and

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•

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Samsung’s Motion to Exclude Ordinary Observer Opinions of Apple Expert Cooper

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Woodring (D.N. 177) (“Zeller Declaration”).

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The confidential, unredacted version of Samsung’s Motion to Exclude Ordinary

Exhibits 3, 5, and 8 to the Declaration of Michael T. Zeller in support of

DECLARATION OF CYNDI WHEELER

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I, Cyndi Wheeler, do hereby declare as follows:

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I am a Senior Patent Litigation Counsel at Apple Inc. (“Apple”). I submit this

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Declaration in support of Samsung’s Stipulated Administrative Motion to File Under Seal

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Pursuant to Local Rules 7-11 and 79-5 (D.N. 169). I have personal knowledge of the facts set

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forth in this Declaration and, if called as a witness, could and would competently testify to them.

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2.

Exhibit 3 to the Zeller Declaration is a document produced by Apple in this

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litigation, and is an expert report prepared by Cooper C. Woodring. It was designated HIGHLY

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CONFIDENTIAL-ATTORNEYS’ EYES ONLY under the interim protective order. It contains

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third party confidential information pertaining to the subject of Mr. Woodring’s report, as well as

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quotations from witness statements. This information should remain confidential to preserve the

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confidentiality interests of the third parties involved in that litigation.

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3.

Exhibit 5 to the Zeller Declaration is a document that was produced by Apple in

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this litigation, and used as an exhibit during the depositions of Richard Lutton and Cooper

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Woodring. This document was designated HIGHLY CONFIDENTIAL - ATTORNEYS' EYES

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ONLY under the interim protective order. It contains confidential, proprietary market research

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and analysis, including information about the competitive landscape for mobile devices. This

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business information was created at a significant cost to Apple, and could be used by Apple's

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DECLARATION OF CYNDI WHEELER IN SUPPORT OF SEALING SAMSUNG’S MOTION
CASE NO. 11-CV-01846-LHK
sf-3040011

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competitors to its disadvantage, particularly because it discusses Apple's direct competitors. It

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also reflects Apple’s confidential business strategy.

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4.

Exhibit 8 to the Zeller Declaration is an excerpt from the deposition transcript of

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Christopher Stringer, an Apple employee. The entire transcript was initially designated HIGHLY

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CONFIDENTIAL-ATTORNEYS’ EYES ONLY under the interim protective order. Following

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the review period, Apple has revised its designations. The following portions of Exhibit HH

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remain HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY: pages 44:5-47; 56:1-56:23;

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57:15-57:25. These sections of the transcript contain information about Apple’s highly

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confidential internal industrial design process, including discussions of Apple trade secrets. This

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trade secret information could be used by Apple’s competitors to its disadvantage.
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Those portions of the unredacted version of Samsung’s Motion to Exclude

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containing information drawn from Exhibits 3, 5, and 8 should remain under seal for the same

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reasons as articulated above.

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6.

The requested relief is necessary and narrowly tailored to protect this confidential

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information. The exhibits described above do not contain significant relevant, non-confidential

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material.

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

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forgoing is true and correct to the best of my knowledge. Executed this 30th day of August, 2011,

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in Cupertino, California.

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/s/ Cyndi Wheeler
Cyndi Wheeler

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DECLARATION OF CYNDI WHEELER IN SUPPORT OF SEALING SAMSUNG’S MOTION
CASE NO. 11-CV-01846-LHK
sf-3040011

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ATTESTATION OF E-FILED SIGNATURE
I, Jason R. Bartlett, am the ECF User whose ID and password are being used to file this

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Declaration. In compliance with General Order 45, X.B., I hereby attest that Cyndi Wheeler has

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concurred in this filing.

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Dated: August 30, 2011

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By:

/s/ Jason R. Bartlett
Jason R. Bartlett

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DECLARATION OF CYNDI WHEELER IN SUPPORT OF SEALING SAMSUNG’S MOTION
CASE NO. 11-CV-01846-LHK
sf-3040011

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