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

Filing 466

Declaration of Brett Arnold in Support of #465 Administrative Motion to File Under Seal SAMSUNG'S OPENING CLAIM CONSTRUCTION BRIEF filed bySamsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Attachments: #1 Exhibit 1, #2 Exhibit 2a, #3 Exhibit 2b, #4 Exhibit 2c)(Related document(s) #465 ) (Maroulis, Victoria) (Filed on 12/8/2011)

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
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

18 APPLE INC., a California corporation,

CASE NO. 11-cv-01846-LHK

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DECLARATION OF BRETT ARNOLD IN
SUPPORT OF SAMSUNG’S
ADMINISTRATIVE MOTION TO FILE
DOCUMENTS UNDER SEAL

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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,
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Defendants.
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02198.51855/4499443.1

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

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I, Brett Arnold, declare:

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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
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Telecommunications America, LLC (collectively, “Samsung”).

Unless otherwise indicated, I

have personal knowledge of the facts set forth in this declaration and, if called upon as a witness, I

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could and would testify as follows.
2.

The requested relief is necessary to protect the confidentiality of information

9 discussed in Samsung’s Opening Claim Construction Brief, the Declaration of Todd M. Briggs in
10 Support of Samsung's Opening Claim Construction Brief and attached exhibits, and the
11 Declaration of Joe Tipton Cole in Support of Samsung’s Proposed Claim Construction for U.S.
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Patent No. 7,689,711, and attached exhibits. These documents contain information and

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references from documents that the parties have designated as Highly Confidential – Attorneys’
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Eyes Only.
3.

The Declaration of Joe Tipton Cole in Support of Samsung’s Proposed Claim

17 Construction for U.S. Patent No. 7,689,711 (“Cole Declaration”) (attached hereto as Exhibit 4 to
18 the Declaration of Brett Arnold (“Arnold Declaration”)) contains two exhibits which the parties
19 have designated as Highly Confidential—Attorneys Eyes Only.
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Exhibit 3 to the Cole

Declaration contains excerpts from the transcript of Dr. Moon-Sang Jeong, a Samsung engineer,

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which details the internal engineering notes and records Dr. Jeong kept while employed at
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Samsung.

These internal records are not publically available and not made public in the regular

24 course of business.

The internal engineering notes are highly sensitive business documents, the

25 disclosure of which could cause harm to Samsung. Exhibit 4 to the Cole Declaration contains
26 confidential engineering records.

These internal records are not publically available and not

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02198.51855/4499443.1

Case No. 11-cv-01846-LHK
-2ARNOLD DECLARATION IN SUPPORT OF SAMSUNG’S
MOTION TO FILE DOCUMENTS UNDER SEAL

1 made public in the regular course of business. The internal engineering notes are highly sensitive
2 business documents, the disclosure of which could cause harm to Samsung.
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4.

Portions of Samsung’s Opening Claim Construction Brief (Arnold Declaration Ex.

1), the Declaration of Todd M. Briggs in Support of Samsung's Opening Claim Construction Brief

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including Exhibit F to the Briggs Declaration (Arnold Declaration Ex. 2), and the Declaration of
Joe Tipton Cole in Support of Samsung’s Proposed Claim Construction for U.S. Patent No.

8 7,689,711 (Arnold Declaration Ex. 4), discuss the contents of Exhibits 3 and 4 of the Cole
9 Declaration.

Other portions of the brief provide sensitive details regarding the nature and scope

10 of Samsung’s research and development. These discussions reveal the content of Samsung's
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sensitive, internal, business documents, the disclosure of which could cause serious business harm

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to Samsung.
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5.

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Exhibit A to the Declaration of Todd M. Briggs in Support of Samsung's Opening

15 Claim Construction Brief contains excerpts from the transcript of Dr. Hun-Kee Kim, a Samsung
16 engineer, which details the procedures that Samsung undergoes in patenting inventions by
17 Samsung engineers.

This information is not publically available and not made public in the

18 regular course of business.
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This is highly sensitive information, the disclosure of which could

cause harm to Samsung.

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6.

Pursuant to the Court’s standing order regarding motions to file under seal,

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effective December 1, 2011, attached as Exhibits 1-4 are the proposed public redacted versions of

23 the documents that Samsung is seeking to file under seal.
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02198.51855/4499443.1

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

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

2 Redwood Shores, California on December 8, 2011.
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/s/ Brett Arnold
Brett Arnold

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02198.51855/4499443.1

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