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)

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1 QUINN EMANUEL URQUHART & SULLIVAN, LLP Charles K. Verhoeven (Cal. Bar No. 170151) 2 charlesverhoeven@quinnemanuel.com 50 California Street, 22nd Floor 3 San Francisco, California 94111 Telephone: (415) 875-6600 4 Facsimile: (415) 875-6700 5 Kevin P.B. Johnson (Cal. Bar No. 177129) kevinjohnson@quinnemanuel.com 6 Victoria F. Maroulis (Cal. Bar No. 202603) victoriamaroulis@quinnemanuel.com 7 555 Twin Dolphin Drive 5th Floor Redwood Shores, California 94065 8 Telephone: (650) 801-5000 Facsimile: (650) 801-5100 9 Michael T. Zeller (Cal. Bar No. 196417) 10 michaelzeller@quinnemanuel.com 865 S. Figueroa St., 10th Floor 11 Los Angeles, California 90017 Telephone: (213) 443-3000 12 Facsimile: (213) 443-3100 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. 25 26 27 28 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. 24 25 26 27 28 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 4 /s/ Melissa N. Chan 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 11-cv-01846-LHK -5CHAN DECLARATION IN SUPPORT OF SAMSUNG’S MOTION TO FILE DOCUMENTS UNDER SEAL

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