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

Filing 456

Administrative Motion to File Under Seal filed by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Attachments: #1 Declaration Chan Declaration, #2 Proposed Order, #3 Exhibit Tung Declaration, #4 Exhibit Exhibit A Tung Declaration, #5 Exhibit Exhibit B Tung Declaration, #6 Exhibit Exhibit C Tung Declaration, #7 Exhibit Exhibit D Tung Declaration, #8 Exhibit Exhibit E Tung Declaration, #9 Exhibit Exhibit F Tung Declaration, #10 Exhibit Exhibit G Tung Declaration, #11 Exhibit Exhibit H Tung Declaration, #12 Exhibit Exhibit I Tung Declaration, #13 Exhibit Exhibit J Tung Declaration, #14 Exhibit Exhibit K Tung Declaration, #15 Exhibit Exhibit L Tung Declaration, #16 Exhibit Exhibit M Tung Declaration, #17 Exhibit Exhibit N Tung Declaration, #18 Exhibit Exhibit O Tung Declaration, #19 Exhibit Exhibit P Tung Declaration, #20 Exhibit Exhibit Q Tung Declaration, #21 Exhibit Exhibit R Tung Declaration, #22 Exhibit Exhibit S Tung Declaration, #23 Exhibit Exhibit T Tung Declaration, #24 Exhibit Exhibit U Tung Declaration, #25 Exhibit exhibit V Tung Declaration, #26 Exhibit Exhibit W Tung Declaration, #27 Exhibit Exhibit X Tung Declaration)(Maroulis, Victoria) (Filed on 12/7/2011)

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Cal. Bar No. 170151)
2 [e-mail]
50 California Street, 22nd Floor
3 San Francisco, California 94111
Telephone: [phone]
4 Facsimile: [phone]
5 Kevin P.B. Johnson (Cal. Bar No. 177129)
[e-mail]
6 Victoria F. Maroulis (Cal. Bar No. 202603)
[e-mail]
7 555 Twin Dolphin Drive 5th Floor
Redwood Shores, California 94065
8 Telephone: [phone]
Facsimile: [phone]
9
Michael T. Zeller (Cal. Bar No. 196417)
10 [e-mail]
865 S. Figueroa St., 10th Floor
11 Los Angeles, California 90017
Telephone: [phone]
12 Facsimile: [phone]
13 Attorneys for SAMSUNG ELECTRONICS
CO., LTD., SAMSUNG ELECTRONICS
14 AMERICA, INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC
15
16

UNITED STATES DISTRICT COURT

17

NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

18 APPLE INC., a California corporation,

CASE NO. 11-cv-01846-LHK

19

DECLARATION OF MELISSA N. CHAN
IN SUPPORT OF SAMSUNG’S
ADMINISTRATIVE MOTION TO FILE
DOCUMENTS UNDER SEAL

20

Plaintiff,
vs.

21 SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity; SAMSUNG
22 ELECTRONICS AMERICA, INC., a New
York corporation; SAMSUNG
23 TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,
24
Defendants.
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Case No. 11-cv-01846-LHK
CHAN DECLARATION IN SUPPORT OF SAMSUNG’S
MOTION TO FILE DOCUMENTS UNDER SEAL

1

I, Melissa N. Chan, declare:

2

1.

I am an associate in the law firm of Quinn Emanuel Urquhart & Sullivan, LLP,

3 counsel for Samsung Electronics Co., Ltd., Samsung Electronics America, Inc. and Samsung
4 Telecommunications America, LLC (collectively, “Samsung”).

Unless otherwise indicated, I

5 have personal knowledge of the facts set forth in this declaration and, if called upon as a witness, I
6 could and would testify as follows.
7

2.

Samsung files its administrative motion for an order to seal to protect the

8 confidentiality of information discussed in the Declaration of Mark Tung in Support of Samsung’s
9 Notice of Lodging of Materials in Opposition to Apple’s Motion for a Preliminary Injunctions
10 (“Tung Declaration”) and Exhibits E, G, N, T, V, and X of the Tung Declaration.

Those

11 documents contain information declared by the parties to be HIGHLY CONFIDENTIAL —
12 ATTORNEYS EYES ONLY.
13

3.

Exhibit E to the Tung Declaration consists of a Registered Community Design

14 registered to Bloomberg Finance of New York, New York.

This document contains confidential

15 business information and has been designated as HIGHLY CONFIDENTIAL — ATTORNEYS
16 EYES ONLY.
17

4.

Exhibit G is German Registered Design No. 40301867, which is registered to

18 Bloomberg Finance of New York, New York.

This document contains confidential business

19 information and has been designated as HIGHLY CONFIDENTIAL — ATTORNEYS EYES
20 ONLY.
21

5.

Exhibit N consists of excerpts from the deposition transcript of Ms. Tracy-Gene G.

22 Durkin, an Apple witness, that Apple has designated as HIGHLY CONFIDENTIAL —
23 ATTORNEYS EYES ONLY.
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Case No. 11-cv-01846-LHK
-2CHAN DECLARATION IN SUPPORT OF SAMSUNG’S
MOTION TO FILE DOCUMENTS UNDER SEAL

1

6.

Exhibit T consists of excerpts from the deposition transcript of Mr. Michael J.

2 Wagner, a Samsung witness, that Samsung has designated as HIGHLY CONFIDENTIAL —
3 ATTORNEYS EYES ONLY.

This document contains and discusses commercially sensitive

4 business information and marketing studies generated by Samsung.

This information is

5 confidential and proprietary to Samsung, and could be used to its disadvantage by competitors if it
6 were not filed under seal.
7

7.

Exhibit V consists of excerpts from the deposition transcript of Mr. Justin Denison,

8 a Samsung witness, that Samsung has designated as HIGHLY CONFIDENTIAL –
9 ATTORNEYS’ EYES ONLY. This document contains commercially sensitive business
10 information, including confidential information relating to the development and marketing of
11 Samsung’s products. This information is confidential and proprietary to Samsung, and could be
12 used to its disadvantage by competitors if it were not filed under seal.
13

8.

Exhibit X is a copy of the presentation materials Samsung provided to the Court,

14 and provided Apple with a copy of, in court on October 13, 2011. This documents contains highly
15 confidential and commercially sensitive business information, including confidential information
16 from the files of Samsung’s designers relating to the design of Samsung’s products, confidential
17 information regarding the technical specifications for Samsung’s products, and confidential
18 information regarding the strategy discussions and analyses run by Samsung regarding its
19 products. This information is confidential and proprietary to Samsung, and could be used to its
20 disadvantage by competitors if it were not filed under seal.
21

9.

The Tung Declaration in Support of Samsung’s Notice of Lodging of Materials in

22 Opposition to Apple’s Motion for a Preliminary Injunction summarizes, describes and/or directly
23 cites to the confidential exhibits discussed in paragraphs 3-8 above.

Therefore, this document

24 should be filed under seal for the same reasons articulated above.
25

10.

26 information.

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

27 material.
28

Case No. 11-cv-01846-LHK
-3CHAN DECLARATION IN SUPPORT OF SAMSUNG’S
MOTION TO FILE DOCUMENTS UNDER SEAL

1

I declare under penalty of perjury that the foregoing is true and correct. Executed in

2 Redwood Shores, California on December 7, 2011.
3
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/s/ Melissa N. Chan

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Case No. 11-cv-01846-LHK
-4CHAN DECLARATION IN SUPPORT OF SAMSUNG’S
MOTION TO FILE DOCUMENTS UNDER SEAL

1
2

General Order 45 Attestation
I, Victoria F. Maroulis, 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 Melissa N. Chan
4 has concurred in this filing.
5

/s/ Victoria Maroulis

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Case No. 11-cv-01846-LHK
-5CHAN DECLARATION IN SUPPORT OF SAMSUNG’S
MOTION TO FILE DOCUMENTS UNDER SEAL