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

Filing 483

Administrative Motion to File Under Seal Samsung's Motion to Compel filed by Samsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Attachments: #1 Hall Declaration, #2 Proposed Order)(Maroulis, Victoria) (Filed on 12/12/2011)

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Cal. Bar No. 170151)
 [e-mail]
50 California Street, 22nd Floor
 San Francisco, California 94111
Telephone: [phone]
 Facsimile: [phone]
 Kevin P.B. Johnson (Cal. Bar No. 177129)
[e-mail]
 Victoria F. Maroulis (Cal. Bar No. 202603)
[e-mail]
 555 Twin Dolphin Drive 5th Floor
Redwood Shores, California 94065
 Telephone: [phone]
Facsimile: [phone]

Michael T. Zeller (Cal. Bar No. 196417)
 [e-mail]
865 S. Figueroa St., 10th Floor
 Los Angeles, California 90017
Telephone: [phone]
 Facsimile: [phone]
 Attorneys for SAMSUNG ELECTRONICS
CO., LTD., SAMSUNG ELECTRONICS
 AMERICA, INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC



UNITED STATES DISTRICT COURT



NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

 APPLE INC., a California corporation,

CASE NO. 11-cv-01846-LHK



DECLARATION OF SCOTT HALL IN
SUPPORT OF SAMSUNG’S MOTION TO
FILE DOCUMENTS UNDER SEAL



Plaintiff,
vs.

 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,

Defendants.






02198.51855/4502744.1

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

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I, Scott Hall, declare:

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1.

I am an attorney 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 Motion to Compel Production of Documents and Things and Responsive
10 Answers to Propounded Discovery; the Declaration of Diane C. Hutnyan in Support of Samsung’s
11 Motion to Compel Production of Documents and Things and Responsive Answers to Propounded
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Discovery ("Hutnyan Declaration"); and the exhibits attached thereto.

These documents contain

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information and references from documents that the parties have designated as Highly
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Confidential – Attorneys’ Eyes Only. These documents reveal the content of Samsung's and

16 Apple's sensitive, internal, business documents, the disclosure of which could cause serious
17 business harm to Samsung.
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3.

Exhibit 1 of the Hutnyan Declaration consists of excerpts from the deposition

19 transcript of Mr. Bas Ording, an Apple witness, that Apple has designated as HIGHLY
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CONFIDENTIAL — ATTORNEYS EYES ONLY.

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4.

Exhibit 2 consists of excerpts from the deposition transcript of Mr. Steven

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Christensen, an Apple witness, that Apple has designated as HIGHLY CONFIDENTIAL.
5.

Exhibit 3 is several photographs that Samsung took of Apple's 035 mockup during

25 inspections on October 20 and November 1, 2011.

Apple has designated these photographs as

26 HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY.
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02198.51855/4502744.1

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

1

6.

Exhibit 4 is a true and correct copy of a letter dated November 22, 2011, discussing

2 documents and information that Apple has designated as HIGHLY CONFIDENTIAL–
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ATTORNEY’S EYES ONLY.
7.

Exhibit 5 is a true and correct copy of a letter dated November 28, 2011, discussing

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documents and information that Apple has designated as HIGHLY CONFIDENTIAL–
ATTORNEY’S EYES ONLY.
8.

Exhibit 5 is a true and correct copy of a letter dated November 29, 2011, discussing

9 documents and information that Apple has designated as HIGHLY CONFIDENTIAL–
10 ATTORNEY’S EYES ONLY.
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9.

Exhibit 7 is a true and correct copy of a letter dated November 8, 2011, discussing

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the deposition testimony of Mr. Douglas Satzger, an Apple witness, which Apple has designated
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as HIGHLY CONFIDENTIAL– ATTORNEY’S EYES ONLY.
10.

Exhibit 8 consists of true and correct copies of documents produced by Apple in

16 this action, Bates labeled APLNDC-NCC00000267-273, which Apple has designated as HIGHLY
17 CONFIDENTIAL – ATTORNEY’S EYES ONLY.
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11.

Exhibit 9 consists of true and correct copies of documents produced by Apple in

this action, Bates labeled APLNDC0000036646, 36657, 36892, 37167 and 37177, which Apple
has designated as HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY.

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12.

Exhibit 10 consists of excerpts from the deposition transcript of Mr. Eugene

23 Whang, an Apple witness, that Apple has designated as HIGHLY CONFIDENTIAL.
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13.

Exhibit 11 is a true and correct copy of a letter dated November 8, 2011, discussing

25 documents and information which Apple has designated as HIGHLY CONFIDENTIAL–
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ATTORNEY’S EYES ONLY.

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02198.51855/4502744.1

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

1

14.

Exhibit 12 is a true and correct copy of a document produced by Apple in this

2 action, Bates labeled APLNDC0001205801, which Apple has designated as HIGHLY
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CONFIDENTIAL – ATTORNEY’S EYES ONLY.
15.

Exhibit 13 is a true and correct copy of a letter dated November 8, 2011, discussing

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documents and information which Apple has designated as HIGHLY CONFIDENTIAL–
ATTORNEY’S EYES ONLY.
16.

Exhibit 15 consists of excerpts from the deposition transcript of Mr. Peter Russell-

9 Clarke, an Apple witness, that Apple has designated as HIGHLY CONFIDENTIAL–
10 ATTORNEY’S EYES ONLY
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17.

Exhibit 16 consists of excerpts from the deposition transcript of Mr. Richard

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Howarth, an Apple witness, that Apple has designated as HIGHLY CONFIDENTIAL–
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ATTORNEY’S EYES ONLY.
18.

Exhibit 17 consists of excerpts from the deposition transcript of Mr. Matthew

16 Rohrbach, an Apple witness, that Apple has designated as HIGHLY CONFIDENTIAL–
17 ATTORNEY’S EYES ONLY.
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19.

Exhibit 18 consists of excerpts from the deposition transcript of Mr. Christopher

Stringer, an Apple witness, that Apple has designated as HIGHLY CONFIDENTIAL– OUTSIDE

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COUNSEL ONLY.
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20.

Exhibit 19 consists of excerpts from the deposition transcript of Mr. Douglas

23 Satzger, an Apple witness, that Apple has designated as HIGHLY CONFIDENTIAL–
24 ATTORNEY’S EYES ONLY.
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02198.51855/4502744.1

21.

Exhibit 21 is a true and correct copy of a letter dated October 21, 2011, discussing

documents and information which Apple has designated as HIGHLY CONFIDENTIAL–
ATTORNEY’S EYES ONLY.
Case No. 11-cv-01846-LHK
-4HALL 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 12, 2011.
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/s/ Scott Hall
Scott Hall

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02198.51855/4502744.1

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

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GENERAL ORDER ATTESTATION
I, Victoria Maroulis, am the ECF user whose ID and password are being used to file the

3 foregoing document.

I hereby attest pursuant to General Order 45.X.B. that concurrence in the

4 electronic filing of this document has been obtained from Scott Hall.
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/s/ Victoria Maroulis

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02198.51855/4502744.1

Case No. 11-cv-01846-LHK
-6HALL DECLARATION IN SUPPORT OF SAMSUNG’S
MOTION TO FILE DOCUMENTS UNDER SEAL