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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1 2 3 4 5 6 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 7 8 9 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 10 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 SAN JOSE DIVISION 14 15 APPLE INC., a California corporation, Plaintiff, 16 17 18 19 20 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 21 Defendants. 22 23 24 25 26 27 28 DECLARATION OF CYNDI WHEELER ISO APPLE’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL Case No. 4:11-cv-01846-LHK sf-3059455 1 I, Cyndi Wheeler, do hereby declare as follows: 2 1. I am an attorney for Apple Inc. (“Apple”). I submit this declaration in support of 3 Apple’s Unopposed Administrative Motion to File Apple’s Objections to Samsung’s Untimely 4 New Evidence Regarding Preliminary Injunction Motion and Supporting Documents Under Seal. 5 Unless otherwise indicated, I have personal knowledge of the matters set forth below. If called as 6 a witness I could and would testify competently as follows. 7 2. Exhibits E & G to the Declaration of Grant Kim (“Kim Declaration”), filed 8 herewith, consist of excerpts of deposition transcripts that contain confidential information of 9 Apple. 10 Exhibit E contains excerpts of the August 3, 2011 deposition of Christopher 11 Stringer that Apple designated as HIGHLY CONFIDENTIAL—ATTORNEYS’ 12 EYES ONLY because Mr. Stringer, a member of Apple’s industrial design team, 13 discussed proprietary information about Apple’s design process; 14 Exhibit G contains excerpts of the transcript of the September 14, 2011 deposition 15 of Michael J. Wagner that refer to information designated HIGHLY 16 CONFIDENTIAL—ATTORNEYS’ EYES ONLY, in part, because he discusses 17 Apple’s confidential financial and business information. 18 3. It is Apple’s policy to not disclose or describe its confidential design trade secrets, 19 market research, product development, or business practices. This information is confidential to 20 Apple. It is indicative of the way that Apple manages its business affairs and conducts product 21 development, and thus it can be used by Apple’s competitors to its disadvantage. The requested 22 relief is necessary and narrowly tailored to protect the confidentiality of this information. I 23 further understand that Samsung plans to submit excerpts from these depositions that also contain 24 Apple confidential information for the reasons stated above. 25 26 27 28 DECLARATION OF CYNDI WHEELER ISO APPLE’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL Case No. 4:11-cv-01846-LHK sf-3059455 1 1 I declare under the penalty of perjury under the laws of the United States of America that 2 the forgoing is true and correct to the best of my knowledge and that this Declaration was 3 executed this 17th day of October, 2011, at Cupertino, California. 4 5 Dated: October 17, 2011 By: /s/ Cyndi Wheeler ___________ Cyndi Wheeler 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF CYNDI WHEELER ISO APPLE’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL Case No. 4:11-cv-01846-LHK sf-3059455 2 1 ATTESTATION OF E-FILED SIGNATURE 2 I, Michael A. Jacobs, am the ECF User whose ID and password are being used to file this 3 Declaration. In compliance with General Order 45, X.B., I hereby attest that Cyndi Wheeler has 4 concurred in this filing. 5 Dated: October 17, 2011 6 By: /s/ Michael A. Jacobs Michael A. Jacobs 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF CYNDI WHEELER ISO APPLE’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL Case No. 4:11-cv-01846-LHK sf-3059455 3

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