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

Filing 502

Administrative Motion to File Under Seal filed by Apple Inc.. (Attachments: #1 Declaration, #2 Proposed Order, #3 Exhibit Apple's Opposition to Samsung's Motion to Compel, #4 Mazza Decl ISO Apple's Opposition to Samsung's Motion to Compel, #5 Ex. 1 to Mazza Decl ISO Apple's Opposition to Samsung's Motion to Compel, #6 Ex. 2 to Mazza Decl ISO Apple's Opposition to Samsung's Motion to Compel, #7 Proposed Order Denying Samsung's Motion to Compel, #8 Apple's Opposition to Samsung's Motion to Permit Samsung's Expert Itay Sherman to Review Design Materials Designated Under the Protective Order, #9 Kim Declaration ISO Apple's Opposition to Samsung's Motion to Permit Samsung's Expert Itay Sherman to Review Design Materials Designated Under the Protective Order, #10 Ex. 1 to the Kim Declaration, #11 Ex. 2 to the Kim Declaration, #12 Ex. 3 to the Kim Declaration, #13 Ex. 4 to the Kim Declaration, #14 Ex. 5 to the Kim Declaration, #15 Ex. 6 to the Kim Declaration, #16 Ex. 7 to the Kim Declaration, #17 Ex. 8 to the Kim Declaration, #18 Ex. 9 to the Kim Declaration, #19 Proposed Order Denying Samsung's Motion to Permit Samsung's Expert Itay Sherman to Review Design Materials Designated Under the Protective Order)(Hung, Richard) (Filed on 12/15/2011)

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HAROLD J. MCELHINNY (CA SBN 66781)
[e-mail]
MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
RICHARD S.J. HUNG (CA SBN 197425)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff and
Counterclaim-Defendant APPLE INC.

WILLIAM F. LEE
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Telephone: [phone]
Facsimile: [phone]
MARK D. SELWYN (SBN 244180)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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APPLE INC., a California corporation,
Plaintiff,

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v.
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.,

Case No.

4:11-cv-01846-LHK

DECLARATION OF
CYNDI WHEELER IN SUPPORT
OF APPLE’S ADMINISTRATIVE
MOTION TO FILE DOCUMENTS
UNDER SEAL

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Defendants.
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DECLARATION OF CYNDI WHEELER ISO APPLE’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL
Case No. 4:11-cv-01846-LHK
sf-3083909

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I, Cyndi Wheeler, do hereby declare as follows:

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1.

I am an attorney for Apple Inc. (“Apple”). I submit this declaration in support of

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Apple’s Administrative Motion to File Documents Under Seal. Unless otherwise indicated, I

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have personal knowledge of the matters set forth below. If called as a witness I could and would

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testify competently as follows.

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2.

Apple’s Opposition to Samsung’s Motion to Compel and certain documents filed

therewith contain Apple-confidential information. Specifically:

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Apple’s Opposition to Samsung’s Motion to Compel discusses proprietary

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information about Apple’s design process and contains description of documents

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that are themselves confidential (as discussed below).

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The Declaration of Mia Mazza in Support of Apple’s Opposition to Samsung’s

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Motion to Compel also discusses Apple-proprietary information concerning its

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designs and describes confidential Apple documents.

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Furthermore, Samsung’s Motion to Compel and certain documents filed therewith

also contain Apple-confidential information. Specifically:

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“Samsung’s Notice of Motion and Motion to Compel Apple to Produce

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Documents and Things and Provide Responsive Answers to Propounded

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Discovery; Memorandum Of Points And Authorities In Support Thereof”

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describes information about Apple’s design process and discusses confidential

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documents related to that process.

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The Declaration of Diane C. Hutnyan in Support of Samsung’s Motion to Compel

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Production of Documents and Things and Provide Responsive Answers to

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Propounded Discovery (“Hutnyan Decl.”) discloses information about Apple’s

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confidential design process and projects and describes several exhibits that are

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themselves confidential, as further discussed below.

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Hutnyan Decl. Exs. 1 and 2 contain excerpts from the confidential deposition of

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Bas Ording and Steven Chistensen discussing confidential Apple products and

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certain confidential design and development projects.

DECLARATION OF CYNDI WHEELER ISO APPLE’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL
Case No. 4:11-cv-01846-LHK
sf-3083909

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Hutnyan Decl. Ex. 3 is a picture of a highly confidential Apple prototype.

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Hutnyan Decl. Ex. 4 is a letter describing this confidential prototype.

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Hutnyan Decl. Ex. 5 is a letter describing Apple’s attempt to locate photographs

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taken in connection with the prosecution of its design patents.

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Hutnyan Decl. Ex. 6 is a letter describing Apple’s confidential prototype and

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testimony regarding that prototype.

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Hutnyan Decl. Ex. 7 is a letter referring to and describing the confidential

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prototype discussed above.

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Hutnyan Decl. Ex. 8 is a confidential CAD drawing generated during a design

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project.

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Hutnyan Decl. Ex. 9 are pages from Apple’s highly confidential sketchbooks

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showing Apple’s designs.

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Hutnyan Decl. Ex. 10 contains excerpts from the confidential transcript of Eugene

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Wang describing certain Apple design projects.

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Hutnyan Decl. Ex. 11 is a letter discussing some of Apple’s confidential design

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projects.

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Hutnyan Decl. Ex. 12 is a highly-confidential e-mail which discusses a specific

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concern Apple had during one of Apple’s confidential design projects.

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Hutnyan Decl. Ex. 13 is a letter describing Apple’s confidential sketchbooks and

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certain confidential design and testing projects.

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Hutnyan Decl. Ex. 15 contains excerpts from the confidential deposition of Peter

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Russell-Clarke discussing Mr. Russell-Clarke’s sketchbooks and design process.

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Hutnyan Decl. Ex. 16 contains excerpts from the confidential deposition of

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Richard Howarth discussing Apple’s confidential CAD files.

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Hutnyan Decl. Ex. 17 contains excerpts from the confidential deposition of

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Michael Rohrback disclosing information regarding Apple’s design sketchbooks.

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Hutnyan Decl. Ex. 18 contains excerpts from the confidential deposition of Chris

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Stringer disclosing information regarding Apple’s design sketchbooks and models.

DECLARATION OF CYNDI WHEELER ISO APPLE’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL
Case No. 4:11-cv-01846-LHK
sf-3083909

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Hutnyan Decl. Ex. 19 contains excerpts from the confidential deposition of

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Douglas Satzger in which he describes certain CAD drawings and mockups.

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Hutnyan Decl. Ex. 20 is Apple’s response to Samsung’s interrogatory requests

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discussing which Apple products embody the asserted design patents.

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Hutnyan Decl. Ex. 21 is a letter describing Apple’s confidential sketchbooks and

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certain confidential Apple design projects.

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4.

It is Apple’s policy to not disclose or describe its confidential design, trade secrets,

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market research, product development, or business practices to third parties. This information is

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confidential to Apple. It is indicative of the way that Apple manages its business affairs, designs

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its products and conducts product development. If disclosed the information could be used by

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Apple’s competitors to Apple’s disadvantage. The requested relief is necessary and narrowly

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tailored to protect the confidentiality of this information.

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I declare under the penalty of perjury under the laws of the United States of America that

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the forgoing is true and correct to the best of my knowledge and that this Declaration was

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executed this 15th day of December, 2011, at Manheim, Germany.

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Dated: December 15, 2011

By: /s/ Cyndi Wheeler ___________
Cyndi Wheeler

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DECLARATION OF CYNDI WHEELER ISO APPLE’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL
Case No. 4:11-cv-01846-LHK
sf-3083909

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ATTESTATION OF E-FILED SIGNATURE

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I, Richard S.J. Hung, am the ECF User whose ID and password are being used to file this

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Declaration. In compliance with General Order 45, X.B., I hereby attest that Cyndi Wheeler has

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concurred in this filing.

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Dated: December 15, 2011

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By:

/s/ Richard S.J. Hung
Richard S.J. Hung

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DECLARATION OF CYNDI WHEELER ISO APPLE’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL
Case No. 4:11-cv-01846-LHK
sf-3083909

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