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

Filing 211

Administrative Motion to File Under Seal filed by Apple Inc.. (Attachments: #1 Declaration, #2 Proposed Order)(Bartlett, Jason) (Filed on 9/9/2011)

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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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Attorneys for Plaintiff and
Counterclaim-Defendant APPLE INC.

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]

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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 business entity; SAMSUNG
ELECTRONICS AMERICA, INC., a New York
corporation; SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC, a
Delaware limited liability company.,

Case No.

4:11-cv-01846-LHK

DECLARATION OF ERICA
TIERNEY IN SUPPORT OF
APPLE’S STIPULATED
ADMINISTRATIVE MOTION TO
FILE DOCUMENTS UNDER
SEAL

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Defendants.
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DECLARATION OF ERICA TIERNEY ISO APPLE’S STIPULATED ADMINISTRATIVE MOTION TO FILE UNDER SEAL
Case No. 4:11-cv-01846-LHK
sf-3042285

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I, Erica Tierney, do hereby declare as follows:

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1.

I am an attorney for plaintiff Apple Inc. (“Apple”). I submit this declaration in

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support of Apple’s Administrative Motion to File Documents Under Seal. Unless otherwise

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indicated, I have personal knowledge of the matters set forth below. If called as a witness I could

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and would testify competently as follows.

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2.

The requested relief is necessary and narrowly tailored to protect the

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confidentiality of the information contained in Apple’s Opposition to Samsung’s Motion to

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Compel Regarding Request For Production No. 1 and Interrogatory Nos. 1, 3, and 6

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(“Opposition”) and supporting documents. These documents contain information relating to

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Apple’s design process, as well as its business practices:

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a. Apple’s Opposition contains information relating to Apple’s design trade

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secrets, confidential business practices and policies for preserving the

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secrecy and confidentiality of its product development.

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b. The Declaration of Christopher J. Stringer in Support of Apple Inc.’s

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Opposition to Samsung’s Motion to Compel Regarding Request for

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Production No. 1 and Interrogatory Nos. 1, 3, and 6 (“Stringer

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Declaration”) contains information relating to Apple’s design trade secrets,

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confidential business practices and policies for preserving the secrecy and

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confidentiality of its product development.

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c. The Declaration of Jason Bartlett in Support of Apple Inc.’s Opposition to

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Samsung’s Motion to Compel Regarding Request for Production No. 1 and

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Interrogatory Nos. 1, 3, and 6 (“Bartlett Declaration”) contains information

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relating to Apple’s design trade secrets.

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d. Exhibits A, B, C, D, E, H and I to the Bartlett Declaration are all

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correspondence between outside counsel that contain information relating

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to Apple’s confidential business practices and policies for preserving the

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DECLARATION OF ERICA TIERNEY ISO APPLE’S STIPULATED ADMINISTRATIVE MOTION TO FILE UNDER SEAL
Case No. 4:11-cv-01846-LHK
sf-3042285

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secrecy and confidentiality of its product development.

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e. Exhibit J to the Bartlett Declaration is a deposition transcript that has been

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designated by Apple as HIGHLY CONFIDENTIAL – ATTORNEY’S

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EYES ONLY under the interim protective order and contains discussion

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and references to information that Apple has designated as HIGHLY

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CONFIDENTIAL – ATTORNEY’S EYES ONLY.

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f. The Declaration of Patrick Zhang in Support of Apple Inc.’s Opposition to

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Samsung’s Motion to Compel Regarding Request for Production No. 1 and

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Interrogatory Nos. 1, 3, and 6 (“Zhang Declaration”) contains information

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relating to Apple’s design trade secrets, confidential business practices and

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policies for preserving the secrecy and confidentiality.

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Apple does not disclose or comment on speculation about its trade secrets or business practices.

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This information can be used by Apple’s competitors to its disadvantage.

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

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the forgoing is true and correct to the best of my knowledge and that this Declaration was

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executed this 9th day of September, 2011, at Cupertino, California.

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Dated: September 9, 2011

By: /s/ Erica Tierney ___________
Erica Tierney

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DECLARATION OF ERICA TIERNEY ISO APPLE’S STIPULATED ADMINISTRATIVE MOTION TO FILE UNDER SEAL
Case No. 4:11-cv-01846-LHK
sf-3042285

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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

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file this Declaration. In compliance with General Order 45, X.B., I hereby attest that Erica

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Tierney has concurred in this filing.

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Dated: September 9, 2011

By:

/s/ Jason R. Bartlett
Jason R. Bartlett

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DECLARATION OF ERICA TIERNEY ISO APPLE’S STIPULATED ADMINISTRATIVE MOTION TO FILE UNDER SEAL
Case No. 4:11-cv-01846-LHK
sf-3042285

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