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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1 2 3 4 5 6 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 7 8 9 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 10 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 SAN JOSE DIVISION 14 15 APPLE INC., a California corporation, Plaintiff, 16 17 18 19 20 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 21 Defendants. 22 23 24 25 26 27 28 DECLARATION OF CYNDI WHEELER ISO APPLE’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL Case No. 4:11-cv-01846-LHK sf-3083909 1 I, Cyndi Wheeler, do hereby declare as follows: 2 1. I am an attorney for Apple Inc. (“Apple”). I submit this declaration in support of 3 Apple’s Administrative Motion to File Documents Under Seal. Unless otherwise indicated, I 4 have personal knowledge of the matters set forth below. If called as a witness I could and would 5 testify competently as follows. 6 7 2. Apple’s Opposition to Samsung’s Motion to Compel and certain documents filed therewith contain Apple-confidential information. Specifically: 8 Apple’s Opposition to Samsung’s Motion to Compel discusses proprietary 9 information about Apple’s design process and contains description of documents 10 that are themselves confidential (as discussed below). 11 The Declaration of Mia Mazza in Support of Apple’s Opposition to Samsung’s 12 Motion to Compel also discusses Apple-proprietary information concerning its 13 designs and describes confidential Apple documents. 14 15 3. Furthermore, Samsung’s Motion to Compel and certain documents filed therewith also contain Apple-confidential information. Specifically: 16 “Samsung’s Notice of Motion and Motion to Compel Apple to Produce 17 Documents and Things and Provide Responsive Answers to Propounded 18 Discovery; Memorandum Of Points And Authorities In Support Thereof” 19 describes information about Apple’s design process and discusses confidential 20 documents related to that process. 21 The Declaration of Diane C. Hutnyan in Support of Samsung’s Motion to Compel 22 Production of Documents and Things and Provide Responsive Answers to 23 Propounded Discovery (“Hutnyan Decl.”) discloses information about Apple’s 24 confidential design process and projects and describes several exhibits that are 25 themselves confidential, as further discussed below. 26 Hutnyan Decl. Exs. 1 and 2 contain excerpts from the confidential deposition of 27 Bas Ording and Steven Chistensen discussing confidential Apple products and 28 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 1 1 Hutnyan Decl. Ex. 3 is a picture of a highly confidential Apple prototype. 2 Hutnyan Decl. Ex. 4 is a letter describing this confidential prototype. 3 Hutnyan Decl. Ex. 5 is a letter describing Apple’s attempt to locate photographs 4 taken in connection with the prosecution of its design patents. 5 Hutnyan Decl. Ex. 6 is a letter describing Apple’s confidential prototype and 6 testimony regarding that prototype. 7 Hutnyan Decl. Ex. 7 is a letter referring to and describing the confidential 8 prototype discussed above. 9 Hutnyan Decl. Ex. 8 is a confidential CAD drawing generated during a design 10 project. 11 Hutnyan Decl. Ex. 9 are pages from Apple’s highly confidential sketchbooks 12 showing Apple’s designs. 13 Hutnyan Decl. Ex. 10 contains excerpts from the confidential transcript of Eugene 14 Wang describing certain Apple design projects. 15 Hutnyan Decl. Ex. 11 is a letter discussing some of Apple’s confidential design 16 projects. 17 Hutnyan Decl. Ex. 12 is a highly-confidential e-mail which discusses a specific 18 concern Apple had during one of Apple’s confidential design projects. 19 Hutnyan Decl. Ex. 13 is a letter describing Apple’s confidential sketchbooks and 20 certain confidential design and testing projects. 21 Hutnyan Decl. Ex. 15 contains excerpts from the confidential deposition of Peter 22 Russell-Clarke discussing Mr. Russell-Clarke’s sketchbooks and design process. 23 Hutnyan Decl. Ex. 16 contains excerpts from the confidential deposition of 24 Richard Howarth discussing Apple’s confidential CAD files. 25 Hutnyan Decl. Ex. 17 contains excerpts from the confidential deposition of 26 Michael Rohrback disclosing information regarding Apple’s design sketchbooks. 27 Hutnyan Decl. Ex. 18 contains excerpts from the confidential deposition of Chris 28 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 2 1 Hutnyan Decl. Ex. 19 contains excerpts from the confidential deposition of 2 Douglas Satzger in which he describes certain CAD drawings and mockups. 3 Hutnyan Decl. Ex. 20 is Apple’s response to Samsung’s interrogatory requests 4 discussing which Apple products embody the asserted design patents. 5 Hutnyan Decl. Ex. 21 is a letter describing Apple’s confidential sketchbooks and 6 certain confidential Apple design projects. 7 4. It is Apple’s policy to not disclose or describe its confidential design, trade secrets, 8 market research, product development, or business practices to third parties. This information is 9 confidential to Apple. It is indicative of the way that Apple manages its business affairs, designs 10 its products and conducts product development. If disclosed the information could be used by 11 Apple’s competitors to Apple’s disadvantage. The requested relief is necessary and narrowly 12 tailored to protect the confidentiality of this information. 13 I declare under the penalty of perjury under the laws of the United States of America that 14 the forgoing is true and correct to the best of my knowledge and that this Declaration was 15 executed this 15th day of December, 2011, at Manheim, Germany. 16 17 Dated: December 15, 2011 By: /s/ Cyndi Wheeler ___________ Cyndi Wheeler 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF CYNDI WHEELER ISO APPLE’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL Case No. 4:11-cv-01846-LHK sf-3083909 3 1 ATTESTATION OF E-FILED SIGNATURE 2 I, Richard S.J. Hung, am the ECF User whose ID and password are being used to file this 3 Declaration. In compliance with General Order 45, X.B., I hereby attest that Cyndi Wheeler has 4 concurred in this filing. 5 Dated: December 15, 2011 6 By: /s/ Richard S.J. Hung Richard S.J. Hung 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF CYNDI WHEELER ISO APPLE’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL Case No. 4:11-cv-01846-LHK sf-3083909 4

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