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

Filing 501

Administrative Motion to File Under Seal filed by Samsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Attachments: # 1 Proposed Order to file under seal, # 2 Declaration of Melissa Chan In Support of Admin Motion, # 3 Declaration In Support of Samsung's Opposition, # 4 Exhibit 1 to Chan Declaration, # 5 Exhibit 2 to Chan Declaration, # 6 Exhibit 3 to Chan Declaration, # 7 Exhibit 4 to Chan Declaration, # 8 Exhibit 5 to Chan Declaration, # 9 Exhibit 6 to Chan Declaration, # 10 Exhibit 7 to Chan Declaration, # 11 Exhibit 8 to Chan Declaration, # 12 Exhibit 9 to Chan Declaration, # 13 Declaration 10 to Chan Declaration, # 14 Exhibit 11 to Chan Declaration, # 15 Exhibit 3 to Jenkins Declaration, # 16 Samsung's Opposition to Apple's Motion to Compel, # 17 Proposed Order Denying Apple's Motion to Compel, # 18 Certificate/Proof of Service)(Maroulis, Victoria) (Filed on 12/15/2011)

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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, Plaintiff, 19 20 CASE NO. 11-cv-01846-LHK DECLARATION OF MELISSA N. CHAN IN SUPPORT OF SAMSUNG’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL 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 ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL 1 I, Melissa N. Chan, declare: 2 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 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. The requested relief is necessary to protect the confidentiality of information 8 discussed in Samsung’s Opposition to Apple’s Motion to Compel; Exhibits 1, 9, 10, and 11 to the 9 Declaration of Melissa Chan in Support of Samsung’s Opposition to Apple’s Motion to Compel 10 (the “Chan Declaration”); the Declaration of Sara Jenkins in Support of Samsung’s Opposition to 11 Apple’s Motion to Compel (the “Jenkins Declaration”) and the exhibits attached thereto; and the 12 Declaration of Edward Kim. 13 3. 14 counsel. Exhibit 1 of the Chan Declaration is a letter from Samsung’s counsel to Apple’s The letter discloses information that Apple claims is confidential and redacted from its 15 own exhibits. Samsung expects that pursuant to Civil Local Rule 79-5(d), Apple will file a 16 declaration establishing good cause to permit the sealing of this document. 17 4. 18 counsel. Exhibit 9 of the Chan Declaration is a letter from Samsung’s counsel to Apple’s This letter discloses information from Samsung’s Identification of Custodians, 19 Litigation Hold Notices, and Search Terms, which Samsung has designated as HIGHLY 20 CONFIDENTIAL — ATTORNEYS EYES ONLY. This document contains commercially 21 sensitive business information, including confidential information relating to Samsung’s internal 22 business and design operations as well as the personnel involved in developing and marketing 23 Samsung’s products. This information is confidential and proprietary to Samsung, and could be 24 used to its disadvantage by competitors if it were not filed under seal. 25 5. Exhibit 10 of the Chan Declaration is a copy of Samsung’s Second Supplemental 26 Objections and Responses to Apple’s Interrogatories to Defendants Relating to Apple’s Motion 27 for a Preliminary Injunction – Set Two (Nos. 10-11), which Samsung has designated as HIGHLY 28 Case No. 11-cv-01846-LHK -2CHAN DECLARATION IN SUPPORT OF SAMSUNG’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL 1 CONFIDENTIAL — ATTORNEYS EYES ONLY. This document contains commercially 2 sensitive business information, including confidential information relating to the development and 3 design of Samsung’s products. This information could be used to Samsung’s disadvantage by 4 competitors if it were not filed under seal. 5 6. Exhibit 11 of the Chan Declaration is a copy of Samsung’s Supplemental 6 Objections and Responses to Apple’s Interrogatories to Defendants Relating to Apple’s Motion 7 for a Preliminary Injunction – Set Two (Nos. 10-14), which has been designated by Samsung as 8 HIGHLY CONFIDENTIAL — ATTORNEYS EYES ONLY. This document contains 9 commercially sensitive business information, including confidential information relating to 10 consumer research, development and marketing of Samsung’s products. This information is 11 confidential and proprietary to Samsung, and could be used to its disadvantage by competitors if it 12 were not filed under seal. 13 7. Exhibit 1 of the Jenkins Declaration is a copy of Samsung’s Identification of 14 Custodians, Litigation Hold Notices, and Search Terms, which has been designated by Samsung 15 as HIGHLY CONFIDENTIAL — ATTORNEYS EYES ONLY. This document contains 16 commercially sensitive business information, including confidential information relating to 17 Samsung’s internal business and design operations as well as the personnel and organizational and 18 reporting structures involved in developing and marketing Samsung’s products. This 19 information is confidential and proprietary to Samsung, and could be used to its disadvantage by 20 competitors if it were not filed under seal. 21 8. Exhibit 2 of the Jenkins Declaration is a copy of Samsung’s Second Supplemental 22 Objections and Responses to Apple’s Interrogatories to Defendants Relating to Apple’s Motion 23 for a Preliminary Injunction – Set Two (Nos. 10-11), which Samsung has designated as HIGHLY 24 CONFIDENTIAL — ATTORNEYS EYES ONLY. This document contains commercially 25 sensitive business information, including confidential information relating to the development and 26 design of Samsung’s products. This information could be used to Samsung’s disadvantage by 27 competitors if it were not filed under seal. 28 Case No. 11-cv-01846-LHK -3CHAN DECLARATION IN SUPPORT OF SAMSUNG’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL 1 9. Exhibit 4 of the Jenkins Declaration consists of excerpts from the deposition 2 transcript of Mr. Peter Russell-Clarke, an Apple witness, that Apple has designated as HIGHLY 3 CONFIDENTIAL — ATTORNEYS EYES ONLY. Samsung expects that pursuant to Civil 4 Local Rule 79-5(d), Apple will file a declaration establishing good cause to permit the sealing of 5 this document. 6 10. Exhibit 5 consists of excerpts from the deposition transcript of Mr. Richard 7 Howarth, an Apple witness, that Apple has designated as HIGHLY CONFIDENTIAL — 8 ATTORNEYS EYES ONLY. Samsung expects that pursuant to Civil Local Rule 79-5(d), Apple 9 will file a declaration establishing good cause to permit the sealing of this document. 10 11. The Jenkins Declaration summarizes and describes the contents of Exhibits 1-2 and 11 4-5, which contain Samsung’s confidential information as discussed in paragraphs 7-10 above. 12 The declaration therefore contains highly confidential and commercially sensitive business 13 information for the same reasons as discussed above. The declaration also describes in detail the 14 confidential documents that have been produced by Apple and Samsung in this litigation. The 15 description of the content and nature of Samsung’s confidential documents is confidential and 16 proprietary to Samsung, and could be used to its disadvantage by competitors if it were not filed 17 under seal. 18 12. The Declaration of Edward Kim describes Samsung’s confidential business 19 operations, including its internal files and computers. The document contains commercially 20 sensitive business information that could be used to Samsung’s disadvantage by competitors and 21 could create security risks if it were not filed under seal. 22 13. The unredacted version of Samsung’s Opposition to Apple’s Motion to Compel 23 summarizes and describes the contents of the exhibits and declaration described above, which 24 contain Samsung’s confidential information as discussed in paragraphs 3-12 above. The 25 unredacted opposition brief therefore contains highly confidential and commercially sensitive 26 business information for the same reasons as discussed above. This information is confidential 27 28 Case No. 11-cv-01846-LHK -4CHAN DECLARATION IN SUPPORT OF SAMSUNG’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL 1 and proprietary to Samsung, and could be used to its disadvantage by competitors if it were not 2 filed under seal. 3 14. Pursuant to the Court’s December 7, 2011 order (Dkt No. 455), attached as exhibits 4 to the Motion to File Under Seal are the proposed public redacted versions of the documents, 5 where redactions are possible, that Samsung is seeking to file under seal. 6 7 I declare under penalty of perjury that the foregoing is true and correct. Executed in 8 Redwood Shores, California on December 14, 2011. 9 /s/ Melissa N. Chan 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 ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL 1 2 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 Melissa N. Chan. 5 6 /s/ Victoria Maroulis 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 -6CHAN DECLARATION IN SUPPORT OF SAMSUNG’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL

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