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

Filing 2003

PARTIAL OPPOSITION to ( 1990 Samsung's Administrative Motion to File Documents Under Seal And For An Order Prohibiting The Parties From Communicating With Jurors filed by Apple Inc.. (Attachments:****EXHIBIT 1 FILED IN ERROR--SEE DOCKET #2004**** # 1 Declaration Sabri Decl, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E)(Jacobs, Michael) (Filed on 9/25/2012) Modified text on 9/26/2012 (dhmS, COURT STAFF). Modified on 9/27/2012 (mpb, COURT STAFF).

1
2
3
4
5
6
7
8
9
10

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]

11
12

Attorneys for Plaintiff and
Counterclaim-Defendant APPLE INC.

13
14
15

UNITED STATES DISTRICT COURT

16

NORTHERN DISTRICT OF CALIFORNIA

17

SAN JOSE DIVISION

18

APPLE INC.,

19
20
21
22
23

Case No.
Plaintiff,

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,

24
Defendants.
25
26
27
28
SABRI DECL. ISO APPLE’S CORRECTED RENEWED MOTION TO SEAL

CASE NO. 11-CV-01846 LHK
sf-3174757

11-cv-01846-LHK

DECLARATION OF
NATHAN SABRI IN SUPPORT OF
APPLE’S CORRECTED
RENEWED MOTION TO SEAL

1

I, NATHAN SABRI, declare as follows:

2

1.

I am an attorney with the law firm of Morrison & Foerster LLP, counsel for Apple

3

Inc. (“Apple”). I am licensed to practice law in the State of California. I have personal

4

knowledge of the matters stated herein or understand them to be true. I make this declaration in

5

support of Apple’s Corrected Renewed Motion to Seal.

6

2.

Through its Corrected Renewed Motion to Seal, Apple seeks to seal data created

7

by third-party market research companies where such data is extensive and risks supplanting the

8

third party’s market for its report. Apple does not seek to seal passing references or data that

9

focuses on Apple and Samsung.

10

3.

I understand that Apple is contractually obligated to defend the interests of third

11

parties who sell Apple their proprietary consumer and market studies, and disclosure of this

12

material would severely harm such third parties competitively and damage Apple’s relationship

13

with them. The market research companies with which Apple does business operate by selling

14

their reports, which typically cost many thousands of dollars each.

15

4.

Public disclosure of a substantial portion or the entirety of one of these reports

16

would completely supplant the market for that report. If Apple is forced to disclose this

17

information, which Apple acquired under an agreement to keep the information private and

18

confidential, the affected third party companies could be reluctant to do business with Apple

19

again in the future, potentially permanently harming Apple’s relationships and preventing Apple

20

from obtaining this critical consumer data.

21
22

I declare under penalty of perjury that the foregoing is true and correct. Executed this
27th day of July, 2012 at San Jose, California.

23
24

/s/ Nathan Sabri
Nathan Sabri

25
26
27
28

SABRI DECL. ISO APPLE’S CORRECTED RENEWED MOTION TO SEAL

CASE NO. 11-CV-01846 LHK
sf-3174757

1

1
2

ATTESTATION OF E-FILED SIGNATURE
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 Nathan Sabri has

4

concurred in this filing.

5

Dated: July 27, 2012

/s/ Michael A. Jacobs
Michael A. Jacobs

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SABRI DECL. ISO APPLE’S CORRECTED RENEWED MOTION TO SEAL

CASE NO. 11-CV-01846 LHK
sf-3174757

2