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

Filing 308

Administrative Motion to File Under Seal filed by Apple Inc.. (Attachments: #1 Declaration, #2 Proposed Order)(Jacobs, Michael) (Filed on 10/17/2011)

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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 CYNDI
WHEELER IN SUPPORT OF
APPLE’S ADMINISTRATIVE
MOTION TO FILE ITS
OBJECTIONS TO SAMSUNG’S
UNTIMELY NEW EVIDENCE
REGARDING PRELIMINARY
INJUNCTION MOTION AND
SUPPORTING DOCUMENTS
UNDER SEAL

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Defendants.
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DECLARATION OF CYNDI WHEELER ISO APPLE’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL
Case No. 4:11-cv-01846-LHK
sf-3059455

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I, Cyndi Wheeler, 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 Unopposed Administrative Motion to File Apple’s Objections to Samsung’s Untimely

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New Evidence Regarding Preliminary Injunction Motion and Supporting Documents Under Seal.

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Unless otherwise indicated, I have personal knowledge of the matters set forth below. If called as

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a witness I could and would testify competently as follows.

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2.

Exhibits E & G to the Declaration of Grant Kim (“Kim Declaration”), filed

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herewith, consist of excerpts of deposition transcripts that contain confidential information of

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Apple.

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Exhibit E 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 G 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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3.

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. The requested

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relief is necessary and narrowly tailored to protect the confidentiality of this information. I

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further understand that Samsung plans to submit excerpts from these depositions that also contain

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Apple confidential information for the reasons stated above.

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DECLARATION OF CYNDI WHEELER ISO APPLE’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL
Case No. 4:11-cv-01846-LHK
sf-3059455

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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 17th day of October, 2011, at Cupertino, California.

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Dated: October 17, 2011

By: /s/ Cyndi Wheeler ___________
Cyndi Wheeler

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DECLARATION OF CYNDI WHEELER ISO APPLE’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL
Case No. 4:11-cv-01846-LHK
sf-3059455

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ATTESTATION OF E-FILED SIGNATURE

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I, Michael A. Jacobs, am the ECF User whose ID and password are being used to file this

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Declaration. In compliance with General Order 45, X.B., I hereby attest that Cyndi Wheeler has

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concurred in this filing.

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Dated: October 17, 2011

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By:

/s/ Michael A. Jacobs
Michael A. Jacobs

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DECLARATION OF CYNDI WHEELER ISO APPLE’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL
Case No. 4:11-cv-01846-LHK
sf-3059455

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