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

Filing 547

MOTION for Reconsideration re #515 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 Derrick Robinson, #2 Exhibit Exhibit V (redacted version), #3 Proposed Order Proposed Order)(Maroulis, Victoria) (Filed on 12/23/2011)

QUINN EMANUEL URQUHART & SULLIVAN, LLP
1 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]
555 Twin Dolphin Drive, 5th 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,



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,


CASE NO. 11-cv-01846-LHK
DECLARATION OF DERRICK
ROBINSON IN SUPPORT OF
SAMSUNG’S MOTION FOR LEAVE TO
FILE MOTION FOR
RECONSIDERATION

Defendant.




Case No. 11-cv-01846-LHK
DECLARATION OF DERRICK ROBINSON

1

I, Derrick Robinson, do hereby declare as follows:



1.

I am General Counsel at Samsung Electronics America, Inc. (“SEA”). 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 V of the Declaration of Mark Tung In Support of Samsung’s Notice of

 Lodging of Materials In Support of Samsung’s Opposition to Apple’s Motion for Preliminary
 Injunction (“Tung Declaration”) consists of excerpts from the deposition of Justin Denison. At
 this deposition, I understand that Mr. Denison testified on behalf of all Samsung entities, including
 SEA.


3.

The excerpted portion of Mr. Denison’s testimony contains a discussion of a

 promotion involving SEA and Best Buy Co., Inc. (“Best Buy”). Certain information regarding
 such promotion is subject to nondisclosure provisions of an agreement between SEA and Best
 Buy.


4.

Best Buy is a significant Samsung customer, and the business relationship between

 Best Buy and Samsung would be compromised if the confidentiality of their communications were
 not retained. Samsung has treated its communications with Best Buy and the details and
 circumstances relating to the promotion as confidential, and accordingly has designated Mr.
 Denison’s testimony as HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY under the
 interim protective order.


5.

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

 of information contained or discussed in Exhibit V of the Tung Declaration. A public version of
 this document has been filed which only redacts lines 17-25 of page 326, the portion which
 Samsung seeks the Court’s permission to seal here.




Case No. 11-cv-01846-LHK
DECLARATION OF DERRICK ROBINSON

DEC-23-2011 16:57 From:
_

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To:650 801 5100

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

2 knowledge.

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Executed this 23rd day of December, 2011, in Ridgefield Park, New Jersey.

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Demck Robinson

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Case No. 1 I -ev-01846-LIIK

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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 Derrick Robinson.
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/s/ Victoria Maroulis

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Case No. 11-cv-01846-LHK
DECLARATION OF DERRICK ROBINSON