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

Filing 282

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)
[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 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
Case No. 4:11-cv-01846-LHK
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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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7.

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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8.

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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10.

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
Case No. 4:11-cv-01846-LHK
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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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13.

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
Case No. 4:11-cv-01846-LHK
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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
Case No. 4:11-cv-01846-LHK
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