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

Filing 530

MOTION for Reconsideration re #510 Order on Administrative Motion to File Under Seal Motion for Leave to File Motion for Reconsideration filed by Samsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Attachments: #1 Declaration Declaration of Hankil Kang, #2 Proposed Order)(Maroulis, Victoria) (Filed on 12/21/2011)

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Bar No. 170151)
 [e-mail]
50 California Street, 22nd Floor
 San Francisco, California 94111
Telephone: [phone]
 Facsimile: [phone]
 Kevin P.B. Johnson (Bar No. 177129)
[e-mail]
 Victoria F. Maroulis (Bar No. 202603)
[e-mail]
th
 555 Twin Dolphin Drive, 5 Floor
Redwood Shores, California 94065-2139
 Telephone: [phone]
Facsimile: [phone]

Michael T. Zeller (Bar No. 196417)
 [e-mail]
865 S. Figueroa St., 10th Floor
 Los Angeles, California 90017
Telephone: [phone]
 Facsimile: [phone]
 Attorneys for SAMSUNG ELECTRONICS CO.,
LTD., SAMSUNG ELECTRONICS AMERICA,
 INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC



UNITED STATES DISTRICT COURT



NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION


 APPLE INC., a California corporation,

CASE NO. 11-cv-01846-LHK



DECLARATION OF HANKIL KANG IN
SUPPORT OF SAMSUNG’S MOTION
FOR LEAVE TO FILE MOTION FOR
RECONSIDERATION



Plaintiff,
vs.

 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,

Defendant.





Case No. 11-cv-01846-LHK
DECLARATION OF HANKIL KANG

1

I, Hankil Kang, do hereby declare as follows:



1.

I am Legal Counsel at Samsung Electronics Co., Ltd. I submit this Declaration in

 support of Samsung’s Motion for Leave to File Motion for Reconsideration and Motion for
 Reconsideration. I have personal knowledge of the facts set forth in this Declaration and, if called
 as a witness, could and would competently testify to them.


2.

Exhibit E of the Chung Declaration is a study conducted by Samsung in early 2011

 entitled “Premium & Mass Design Preference Study: Design Planning & Strategy.” This
 document reveals the methodology Samsung uses in conducting qualitative consumer research in
 its efforts to elicit and understand consumer perceptions and preferences. This document further
 reveals how Samsung classifies and evaluates different segments of the smartphone market.


3.

In addition to revealing Samsung’s consumer research methodology, Exhibit E

 discusses the study’s competitive analysis of design preferences relating to size, shape, color, and
 configuration of smartphone keypads. Samsung invested significant resources in conducting this
 consumer and competitive research, which will now accrue to the benefit of Samsung’s
 competitors unless this document is filed under seal.


4.

Exhibit E depicts unreleased prototypes of Samsung products that have never been

 disclosed to the public, referencing them according to confidential internal product designators.
 Samsung has not permanently discarded these designs and may seek to exploit them in the future.
 The value of these prototypes and the designs they embody will be lost if they are made available
 to the public.


5.

Exhibit E contains commercially sensitive business information, including

 confidential information from the files of Samsung’s designers relating to the design of Samsung’s
 products and confidential information regarding product evaluation techniques. Samsung takes
 significant steps to strictly maintain the confidentiality of this information, which is only shared
 with employees who work on such issues as part of their regular job duties. Samsung protects this
 information as a trade secret, and for that reason produced this document and similar documents
 with the designation HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY under the interim



Case No. 11-cv-01846-LHK
DECLARATION OF HANKIL KANG

1 protective order. This information could be used to Samsung’s disadvantage if it were not filed
2 under seal.
3

6.

Apple’s Motion to Augment Record summarizes, describes and/or directly cites to

4 the confidential Chung Declaration and Samsung’s confidential information, including the
5 information contained in Exhibit E, discussed in paragraphs 2 - 5 above. Therefore, the motion
6 should remain under seal for the same reasons articulated above.
7

7.

The requested relief is necessary and narrowly tailored to protect the confidentiality

8 of information contained or discussed in Apple’s Motion to Augment the Record and Exhibit E of
9 the Chung Declaration.
10
11

I declare under penalty of perjury that the forgoing is true and correct to the best of my

12 knowledge.
13

Executed this 22nd day of December, 2011, in Seoul, Korea.

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Case No. 11-cv-01846-LHK
DECLARATION OF HANKIL KANG

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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 Hankil Kang.
5
6

/s/ Victoria Maroulis

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Case No. 11-cv-01846-LHK
DECLARATION OF HANKIL KANG