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

Filing 261

Declaration of Hankil Daniel Kang in Support of #249 Administrative Motion to File Under Seal filed bySamsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Attachments: #1 Proposed Order)(Related document(s) #249 ) (Maroulis, Victoria) (Filed on 9/27/2011)

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Bar No. 170151)
 [e-mail]
50 California Street, 22nd Floor
 San Francisco, California 94111
Telephone: [phone]
 Facsimile: [phone]
 Kevin P.B. Johnson (Bar No. 177129)
[e-mail]
 Victoria F. Maroulis (Bar No. 202603)
[e-mail]
th
 555 Twin Dolphin Drive, 5 Floor
Redwood Shores, California 94065-2139
 Telephone: [phone]
Facsimile: [phone]

Michael T. Zeller (Bar No. 196417)
 [e-mail]
865 S. Figueroa St., 10th Floor
 Los Angeles, California 90017
Telephone: [phone]
 Facsimile: [phone]
 Attorneys for SAMSUNG ELECTRONICS CO.,
LTD., SAMSUNG ELECTRONICS AMERICA,
 INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC



UNITED STATES DISTRICT COURT



NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION


 APPLE INC., a California corporation,

CASE NO. 11-cv-01846-LHK



DECLARATION OF HANKIL DANIEL
KANG IN SUPPORT OF SEALING
APPLE’S MOTION TO COMPEL, THE
DECLARATION OF MINN CHUNG, AND
EXHIBIT J OF THE DECLARATION OF
JASON R. BARTLETT IN SUPPORT OF
APPLE’S MOTION TO COMPEL



Plaintiff,
vs.

 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,

Defendant.





Case No. 11-cv-01846-LHK
DECLARATION OF HANKIL DANIEL KANG

1

Pursuant to Civil L.R. 79-5(d), Defendants Samsung Electronics Co., Ltd., Samsung

 Electronics America, Inc., and Samsung Telecommunications America, LLC (collectively
 “Samsung”) submit the appended declaration of Hankil Daniel Kang in support of Apple’s
 Administrative Motion to File Under Seal (Dkt. No. 249), to establish that the following are
 sealable:


•

Sections II.B and II.C (on pages 6 and 7) of the Memorandum of Points and



Authorities submitted with Apple’s Motion to Compel Samsung to Produce Documents



and Provide Responsive Answers to Propounded Discovery (“Apple’s Motion to



Compel”);



•




submitted with Apple’s Motion to Compel;
•




Page 9, line 25 to page 10, line 4 of the Memorandum of Points and Authorities

Paragraphs 7, 8, 12, 13, 14, 16, 19, and 20 of the Declaration of Minn Chung in
Support of Apple’s Motion to Compel (“Chung Declaration”); and

•



Exhibit J of the Declaration of Jason R. Bartlett in Support of Apple’s Motion to
Compel.



DECLARATION OF HANKIL DANIEL KANG



I, Hankil Daniel Kang, do hereby declare as follows:



1.

I am Legal Counsel at Samsung Electronics Co., Ltd.

I submit this Declaration in

 support of Apple’s Administrative Motion to File Under Seal (Dkt. No. 249).

I have personal

 knowledge of the facts set forth in this Declaration and, if called as a witness, could and would
 competently testify to them.


2.

Paragraphs 7, 8, 12, 13, 14, 16, 19, and 20 of the Declaration of Minn Chung in

 Support of Apple’s Motion to Compel summarize and describe the contents of Samsung’s
 documents which were designated HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY
 under the interim protective order. These documents contain highly confidential and
 commercially sensitive business information, including confidential information from the files of
 Samsung’s designers relating to the design of Samsung’s products, confidential information
 regarding the technical specifications for Samsung’s products, and confidential information


Case No. 11-cv-01846-LHK
DECLARATION OF HANKIL DANIEL KANG

1 regarding the strategy discussions and analyses run by Samsung regarding its products.

This

2 information is confidential and proprietary to Samsung, and could be used to its disadvantage by
3 competitors if it were not filed under seal.
4

Exhibit J of the Declaration of Jason R. Bartlett in Support of Apple’s Motion to

3.

5 Compel further summarizes and describes the content of Samsung’s documents which were
6 designated HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY under the interim
7 protective order. Exhibit J discusses the content of documents that reference Samsung’s
8 strategies regarding design and manufacturing processes. These documents contain highly
9 confidential and commercially sensitive business information, including confidential information
10 from the files of Samsung’s designers relating to the design of Samsung’s products, as well as
11 confidential information regarding the technical or manufacturing specifications for Samsung’s
12 products.

This information is confidential and proprietary to Samsung, and could be used to its

13 disadvantage by competitors if it were not filed under seal.
14

4.

Sections II.B and II.C (on pages 6 and 7) and page 9, line 25 to page 10, line 4 of

15 the Memorandum of Points and Authorities submitted with Apple’s Motion to Compel summarize,
16 describe and/or directly cite to the confidential portions of the Chung Declaration discussed in
17 paragraph 2 above. Therefore, these sections and pages should remain under seal for the same
18 reasons articulated above.
19

5.

20 information.

The requested relief is necessary and narrowly tailored to protect this confidential
The exhibits described above do not contain significant relevant, non-confidential

21 material.
22

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

23 forgoing is true and correct to the best of my knowledge.
24

Executed this

27th

day of September 2011, in

Seoul, Korea .

25
26
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/s/ Hankil Daniel Kang
Hankil Daniel Kang

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Case No. 11-cv-01846-LHK
DECLARATION OF HANKIL DANIEL KANG

1

GENERAL ORDER ATTESTATION

2
3

I, Victoria F. Maroulis, am the ECF user whose ID and password are being used to

4 file the foregoing CERTIFICATE OF SERVICE.

In compliance with General Order 45 (X)(B), I

5 hereby attest that Hankil Daniel Kang has concurred in this filing.
6
7 DATE: September 27, 2011

/s/ Victoria Maroulis

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Case No. 11-cv-01846-LHK
DECLARATION OF HANKIL DANIEL KANG