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)

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,
Plaintiff,

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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,
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Defendants.
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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.
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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.
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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
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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.
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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

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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
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Case No. 11-cv-01846-LHK
-5CHAN DECLARATION IN SUPPORT OF SAMSUNG’S
ADMINISTRATIVE 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 Melissa N. Chan.
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/s/ Victoria Maroulis

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