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)
hmcelhinny@mofo.com
MICHAEL A. JACOBS (CA SBN 111664)
mjacobs@mofo.com
RICHARD S.J. HUNG (CA SBN 197425)
rhung@mofo.com
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: (415) 268-7000
Facsimile: (415) 268-7522
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Attorneys for Plaintiff and
Counterclaim-Defendant APPLE INC.
WILLIAM F. LEE
william.lee@wilmerhale.com
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Telephone: (617) 526-6000
Facsimile: (617) 526-5000
MARK D. SELWYN (SBN 244180)
mark.selwyn@wilmerhale.com
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, California 94304
Telephone: (650) 858-6000
Facsimile: (650) 858-6100
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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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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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