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

Filing 542

Administrative Motion to File Under Seal re Samsung's Response to Apple's Opening Claim Construction Brief filed by Samsung Electronics Co. Ltd.. (Attachments: #1 Declaration Declaration of Brian Mack in Support of Motion to Seal, #2 Exhibit Samsung's Response to Apple's Opening Claim Construction Brief, #3 Exhibit Declaration of Todd M. Briggs in Support of Samsung's Response to Apple's Opening Claim Construction Brief, #4 Exhibit Exhibit A to Briggs Decl, #5 Exhibit Exhibit B to Briggs Decl, #6 Exhibit Exhibit C to Briggs Decl, #7 Exhibit Exhibit D to Briggs Decl, #8 Exhibit Exhibit E to Briggs Decl, #9 Exhibit Exhibit F to Briggs Decl, #10 Exhibit Exhibit G to Briggs Decl, #11 Exhibit Exhibit H to Briggs Decl, #12 Exhibit Exhibit I to Briggs Decl, #13 Exhibit Exhibit J to Briggs Decl, #14 Exhibit Exhibit K to Briggs Decl, #15 Exhibit Exhibit L to Briggs Decl, #16 Exhibit Exhibit M to Briggs Decl, #17 Exhibit Exhibit N to Briggs Decl, #18 Exhibit Exhibit O to Briggs Decl, #19 Exhibit Exhibit P to Briggs Decl, #20 Exhibit Exhibit Q to Briggs Decl, #21 Exhibit Exhibit R to Briggs Decl, #22 Exhibit Exhibit S to Briggs Decl, #23 Exhibit Exhibit T to Briggs Decl, #24 Exhibit Exhibit U to Briggs Decl, #25 Exhibit Exhibit V to Briggs Decl, #26 Exhibit Exhibt W to Briggs Decl, #27 Exhibit Exhibit X to Briggs Decl, #28 Proposed Order Proposed Order Granting Motion to Seal)(Maroulis, Victoria) (Filed on 12/22/2011)

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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16

UNITED STATES DISTRICT COURT

17

NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

18 APPLE INC., a California corporation,

CASE NO. 11-cv-01846-LHK

19

DECLARATION OF BRIAN E. MACK IN
SUPPORT OF SAMSUNG’S
ADMINISTRATIVE MOTION TO FILE
DOCUMENTS UNDER SEAL

20

Plaintiff,
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,
24
Defendants.
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28
02198.51855/4520708.1

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

1

I, Brian E. Mack, declare:

2

1.

I am an associate in the law firm of Quinn Emanuel Urquhart & Sullivan, LLP,

3 counsel for Samsung Electronics Co., Ltd., Samsung Electronics America, Inc. and Samsung
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5

Telecommunications America, LLC (collectively, “Samsung”).

Unless otherwise indicated, I

have personal knowledge of the facts set forth in this declaration and, if called upon as a witness, I

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7
8

could and would testify as follows.
2.

The requested relief is necessary to protect the confidentiality of information

9 discussed in Samsung’s Response to Apple’s Opening Claim Construction Brief and the attached
10 exhibits to the Declaration of Todd M. Briggs in Support of Samsung's Response to Apple’s
11 Opening Claim Construction Brief.
12

These documents discuss or contain information and

references from documents that the parties have designated as “Confidential” or “Highly

13
Confidential – Attorneys’ Eyes Only” under the interim protective order.
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3.

Exhibits B, I, J, M, and S to the Declaration of Todd M. Briggs in Support of

16 Samsung's Response to Apple’s Opening Claim Construction Brief contain excerpts from
17 deposition transcripts or deposition exhibits of Apple witnesses that Apple has designated as either
18 confidential or highly confidential under the interim protective order.

Samsung expects that

19 pursuant to Civil Local Rule 79-5, Apple will file a declaration establishing good cause to permit
20

the sealing of these documents.

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4.

Exhibits N and O to the Declaration of Todd M. Briggs in Support of Samsung's

22
23

Response to Apple’s Opening Claim Construction Brief contain excerpts of documents produced

24 by Apple as “Highly Confidential – Attorneys’ Eyes Only” under the interim protective order.
25 These documents relate to the matter of Certain Mobile Device and Related Software, ITC Inv. No.
26 337-TA-750.
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28

02198.51855/4520708.1

Samsung expects that pursuant to Civil Local Rule 79-5, Apple will file a

declaration establishing good cause to permit the sealing of these documents.
Case No. 11-cv-01846-LHK
-2MACK DECLARATION IN SUPPORT OF SAMSUNG’S
MOTION TO FILE DOCUMENTS UNDER SEAL

5.

1

Portions of Samsung’s Response to Apple’s Opening Claim Construction Brief

2 discuss or quote the contents of Exhibits B, I, J, M, N, O, and S to the Declaration of Todd M.
3
4

Briggs in Support of Samsung's Opening Claim Construction Brief which Apple has designated as
“Confidential” or “Highly Confidential – Attorneys’ Eyes Only” under the interim protective

5
6
7

order.
6.

Pursuant to this Court’s December 7, 2011 order (Dkt No. 455), attached as Exhibit

8 1 is the proposed public redacted version of Samsung’s Response to Apple’s Opening Claim
9 Construction Brief.
10
11

7.

Attached as Exhibit 2 is the proposed public redacted version of the Declaration of

Todd M. Briggs in Support of Samsung’s Opening Claim Construction Brief.

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I declare under penalty of perjury that the foregoing is true and correct. Executed in

15 San Francisco, California on December 22, 2011.
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17

/s/ Brian E. Mack
Brian E. Mack

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02198.51855/4520708.1

Case No. 11-cv-01846-LHK
-3MACK DECLARATION IN SUPPORT OF SAMSUNG’S
MOTION TO FILE DOCUMENTS UNDER SEAL