Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
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STIPULATED ADMINISTRATIVE MOTION to File Under Seal Apple's Reply in Support of Its Motion for Preliminary Injunction and Related Documents filed by Apple Inc.. (Attachments: #1 Declaration, #2 Proposed Order)(Jacobs, Michael) (Filed on 9/30/2011) Modified text on 10/4/2011 (dhm, COURT STAFF).
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HAROLD J. MCELHINNY (CA SBN 66781)
hmcelhinny@mofo.com
MICHAEL A. JACOBS (CA SBN 111664)
mjacobs@mofo.com
RICHARD S.J. HUNG (CA SBN 197425)
rhung@mofo.com
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: (415) 268-7000
Facsimile: (415) 268-7522
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Attorneys for Plaintiff and
Counterclaim-Defendant APPLE INC.
WILLIAM F. LEE
william.lee@wilmerhale.com
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Telephone: (617) 526-6000
Facsimile: (617) 526-5000
MARK D. SELWYN (SBN 244180)
mark.selwyn@wilmerhale.com
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, California 94304
Telephone: (650) 858-6000
Facsimile: (650) 858-6100
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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 UNDER SEAL ITS REPLY
IN SUPPORT OF ITS MOTION
FOR A PRELIMINARY
INJUNCTION AND RELATED
DOCUMENTS
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
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I, Erica Tierney, do hereby declare as follows:
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1.
I am an attorney for Apple Inc. (“Apple”). I submit this declaration in support of
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Apple’s Stipulated Administrative Motion to File Under Seal its Reply in Support of its Motion
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for a Preliminary Injunction and Related Documents. Unless otherwise indicated, I have personal
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knowledge of the matters set forth below. If called as a witness I could and would testify
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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 or referenced in Apple’s Reply in Support of its
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Motion for a Preliminary Injunction (“Reply”).
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3.
Paragraphs 2, 5, 6, and 7 of the Reply Declaration of Tony Blevins in Support of
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Apple’s Motion for a Preliminary Injunction (“Blevins Declaration”) discuss demand for Apple’s
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iPhones and iPads and Apple’s capacity to meet that demand. Apple designates these portions of
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the Blevins Declaration as HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY. This
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information is highly sensitive, confidential Apple business information.
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4.
The Reply Declaration of Richard J. Lutton, Jr. in Support of Apple’s Motion for a
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Preliminary Injunction (“Lutton Reply Declaration”) discusses Apple’s confidential patent
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licensing arrangements and the confidential negotiations and settlement discussions between the
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parties in this case. Apple designates all of the Lutton Reply Declaration as HIGHLY
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CONFIDENTIAL—ATTORNEYS’ EYES ONLY. Exhibit A to the Lutton Reply Declaration
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contains excerpts of the transcript of the July 26, 2011 deposition of Richard Lutton. Exhibit B to
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the Lutton Reply Declaration is an April 2010 presentation entitled “Samsung’s Use of Apple
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Patents in Smartphones,” produced by Apple in this case. Exhibit C to the Lutton Reply
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Declaration is a May 13, 2011 letter from Seongwoo Kim to Boris Teksler produced by Apple in
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this case. Apple has designated Exhibits A, B, and C as HIGHLY CONFIDENTIAL—
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ATTORNEYS’ EYES ONLY under the interim protective order. The information in the Lutton
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Reply Declaration and the exhibits thereto is highly sensitive, confidential Apple business
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information.
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DECLARATION OF ERICA TIERNEY ISO APPLE’S STIPULATED ADMINISTRATIVE MOTION TO FILE UNDER SEAL
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5.
The Reply Declaration of Terry Musika in Support of Apple’s Motion for a
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Preliminary Injunction (“Musika Declaration”) discusses Apple’s iPhone and iPad sales forecasts
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and market share. Apple designates all of the Musika Reply Declaration as HIGHLY
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CONFIDENTIAL—ATTORNEYS’ EYES ONLY. Exhibit 2 to the Musika Declaration is a
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report prepared by Mr. Musika that contains sensitive, confidential IDC market research data
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related to Apple’s sales of cell phones. Exhibit 3 to the Musika Declaration is a report prepared
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by Mr. Musika that contains sensitive, confidential information related to Apple’s sales of tablet
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computers. Apple has designated the materials at Exhibits 2 and 3 as HIGHLY
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CONFIDENTIAL—ATTORNEYS’ EYES ONLY.
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6.
Exhibits A, B, and C to the Reply Declaration of Arthur Rangel in Support of
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Apple’s Motion for a Preliminary Injunction (“Rangel Declaration”) are confidential internal
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market research reports, or portions thereof, produced by Apple as HIGHLY CONFIDENTIAL—
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ATTORNEYS’ EYES ONLY under the interim protective order. These reports contain Apple’s
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confidential internal market research relating to consumer behavior. This market research is
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sensitive, confidential Apple business information. The Rangel Declaration summarizes and
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discusses the information in these research reports, and discusses the meaning of the reports. The
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Rangel Declaration also discusses confidential market research relating to market share and
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consumer behavior that Apple purchased from a third-party research analysis firm. This market
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research is the sensitive, confidential business information of Apple.
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Exhibits D and H to the Reply Declaration of Sanjay Sood in Support of Apple’s
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Motion for a Preliminary Injunction (“Sood Declaration”) are confidential internal market
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research reports, or portions thereof, produced by Apple as HIGHLY CONFIDENTIAL—
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ATTORNEYS’ EYES ONLY under the interim protective order. These reports contain Apple’s
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confidential internal market research relating to consumer behavior. This market research is
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sensitive, confidential Apple business information. Paragraphs 24-26, 28-30, 33, and 39 of the
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Sood Declaration discuss and analyze the information in these reports. In addition, Paragraphs
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27-33 of the Sood Declaration discuss confidential market research relating to market share and
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consumer behavior that Apple purchased from a third-party research analysis firm. This report
DECLARATION OF ERICA TIERNEY ISO APPLE’S STIPULATED ADMINISTRATIVE MOTION TO FILE UNDER SEAL
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was attached as Exhibit LL to the Declaration of Sara Jenkin in Support of Samsung’s Opposition
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to Apple’s Motion for a Preliminary Injunction. This market research is sensitive, confidential
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business information. Apple designates paragraphs 24-26, 28-30, 33, and 39 of the Sood
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Declaration and Exhibits D and H to the Sood Declaration as HIGHLY CONFIDENTIAL—
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ATTORNEYS’ EYES ONLY.
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The Reply Declaration of Christopher Stringer in Support of Apple’s Motion for a
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Preliminary Injunction (“Stringer Declaration”) contains information relating to Apple’s design
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trade secrets and confidential business practices, including its detailed processes for product
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development and design alternatives. Apple has designated this information HIGHLY
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CONFIDENTIAL—ATTORNEYS’ EYES ONLY under the interim protective order. In
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addition, Exhibits 1 through 9 to the Stringer Declaration are CAD drawings of Apple designs
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that Apple has designated HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY. These
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materials reveal Apple’s confidential design process and information.
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Paragraphs 16, 26, 27, 42, and 51 of the Reply Declaration of Cooper C. Woodring
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in Support of Apple’s Motion for a Preliminary Injunction (“Woodring Reply Declaration”)
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contain discussions of Apple’s product development process. This information is Apple’s
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confidential business information. Apple designates these portions of the Woodring Reply
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Declaration as HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY.
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Exhibits D, M, P, W, Z, EE, FF, GG, JJ, KK, and LL to the Declaration of Francis
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Ho in Support of Apple’s Motion for a Preliminary Injunction (“Ho Declaration”) consist of
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excerpts of deposition transcripts, deposition exhibits, and additional materials, as specified in the
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Ho Declaration, that contain confidential information of Apple.
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Exhibit D contains excerpts of the transcript of the September 14, 2011 deposition
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of Michael J. Wagner that refer to information designated HIGHLY
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CONFIDENTIAL—ATTORNEYS’ EYES ONLY, in part, because he discusses
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Apple’s confidential financial and business information;
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Exhibit M is an exhibit to the September 14, 2011 deposition of Michael J.
Wagner that Apple designated as HIGHLY CONFIDENTIAL—ATTORNEYS’
DECLARATION OF ERICA TIERNEY ISO APPLE’S STIPULATED ADMINISTRATIVE MOTION TO FILE UNDER SEAL
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EYES ONLY because it reflects Apple’s confidential financial and business
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information;
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Exhibit P contains excerpts of the transcript of the August 5, 2011 deposition of
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Cooper Woodring that Apple designated as HIGHLY CONFIDENTIAL—
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ATTORNEYS’ EYES ONLY because Mr. Woodring, an expert on design patent
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issues, discussed proprietary information about Apple’s design processes;
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Exhibit W contains excerpts of the August 9, 2011 deposition of Bas Ording that
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Apple designated as HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY
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because Mr. Ording, an Apple employee named as an inventor on one of the
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patents in suit, discussed proprietary information about Apple’s software design;
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Exhibit Z contains excerpts of the August 3, 2011 deposition of Christopher
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Stringer that Apple designated as HIGHLY CONFIDENTIAL—ATTORNEYS’
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EYES ONLY because Mr. Stringer, a member of Apple’s industrial design team,
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discussed proprietary information about Apple’s design process;
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Exhibit EE contains excerpts of the July 27, 2011 deposition of Sissie Twiggs that
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Apple designated as HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY
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because Ms. Twiggs, involved in worldwide advertising at Apple, discussed
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Apple’s confidential financial and business information;
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Exhibit FF is an exhibit to the July 27, 2011 deposition of Sissie Twiggs that
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Apple designated as HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY
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because it discusses Apple’s confidential financial and business information;
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Exhibit GG is an exhibit to the July 27, 2011 deposition of Sissie Twiggs that
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Apple designated as HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY
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because it discusses Apple’s confidential financial and business information;
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Exhibit JJ is an exhibit to the August 3, 2011 deposition of Christopher Stringer
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that Apple designated as HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES
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ONLY because it contains proprietary renderings of Apple’s designs;
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DECLARATION OF ERICA TIERNEY ISO APPLE’S STIPULATED ADMINISTRATIVE MOTION TO FILE UNDER SEAL
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Exhibit KK is an exhibit to the August 3, 2011 deposition of Christopher Stringer
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that Apple designated as HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES
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ONLY because it contains proprietary renderings of Apple’s designs; and
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Exhibit LL is an exhibit to the August 3, 2011 deposition of Christopher Stringer
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that Apple designated as HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES
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ONLY because it contains proprietary renderings of Apple’s designs.
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Apple’s Reply contains references to and discussions of all of the confidential
information listed above.
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It is Apple’s policy to not disclose or describe its confidential design trade secrets,
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market research, product development, or business practices. This information is confidential to
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Apple. It is indicative of the way that Apple manages its business affairs and conducts product
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development, and thus it can be used by Apple’s competitors to its disadvantage.
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By email on September 28, 2011, counsel for Apple asked counsel for Samsung if
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Samsung would stipulate to filing the Reply and supporting papers under seal. By email on
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September 29, 2011, counsel for Samsung agreed to the filing of the Reply and supporting
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documents under seal.
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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 30th day of September, 2011, at Belmont, California.
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Dated: September 30, 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
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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 30, 2011
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By:
/s/ Michael A. Jacobs
Michael A. Jacobs
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DECLARATION OF ERICA TIERNEY ISO APPLE’S STIPULATED ADMINISTRATIVE MOTION TO FILE UNDER SEAL
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