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

Filing 548

Administrative Motion to File Under Seal filed by Samsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Attachments: #1 Proposed Order, #2 Declaration of Melissa N. Chan In Support of Samsung's Administrative Motion to File Documents Under Seal, #3 Exhibit REDACTED Ex. X-1, #4 Exhibit Ex. X-2, #5 Exhibit REDACTED Ex. X-3, #6 Exhibit REDACTED Ex. X-4, #7 Exhibit Ex. X-5, #8 Exhibit Ex. X-6, #9 Exhibit REDACTED Ex. X-7, #10 Exhibit REDACTED Ex. X-8, #11 Exhibit Ex. X-9, #12 Certificate/Proof of Service)(Maroulis, Victoria) (Filed on 12/27/2011)

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Cal. Bar No. 170151)
 [e-mail]
50 California Street, 22nd Floor
 San Francisco, California 94111
Telephone: [phone]
 Facsimile: [phone]
 Kevin P.B. Johnson (Cal. Bar No. 177129)
[e-mail]
 Victoria F. Maroulis (Cal. Bar No. 202603)
[e-mail]
 555 Twin Dolphin Drive 5th Floor
Redwood Shores, California 94065
 Telephone: [phone]
Facsimile: [phone]

Michael T. Zeller (Cal. 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,

Defendants.


CASE NO. 11-cv-01846-LHK
DECLARATION OF MELISSA N. CHAN
IN SUPPORT OF SAMSUNG’S
ADMINISTRATIVE MOTION TO FILE
DOCUMENTS UNDER SEAL




Case No. 11-cv-01846-LHK
CHAN DECLARATION IN SUPPORT OF SAMSUNG’S
ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL

1

I, Melissa N. Chan, declare:

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1.

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

3 counsel for Samsung Electronics Co., Ltd., Samsung Electronics America, Inc. and Samsung
4 Telecommunications America, LLC (collectively, “Samsung”). Unless otherwise indicated, I
5 have personal knowledge of the facts set forth in this declaration and, if called upon as a witness, I
6 could and would testify as follows.
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2.

The requested relief is necessary to protect the confidentiality of information

8 contained in Exhibit X of the Declaration of Mark Tung In Support of Samsung's Notice of
9 Lodging Materials In Opposition to Apple's Motion for Preliminary Injunction (the “Tung
10 Declaration”).
11

3.

I am informed and believe that the following portions of Exhibit X discuss and cite

12 to documents and information that Plaintiff Apple, Inc. (“Apple”) has designated as HIGHLY
13 CONFIDENTIAL — ATTORNEYS EYES ONLY: pages 24, 74-78, 98, 100, 103, 106, 202-205,
14 209-210, 212-213, 222, 224-228, and 248.

Samsung expects that Apple will file the declaration

15 required by Civ. L.R. 79-5(d) to establish these portions of Exhibit X as sealable.
16

4.

Pages 214 and 215 of Exhibit X reference and discuss the Declaration of Michael

17 Wagner, which Samsung has designated as HIGHLY CONFIDENTIAL — ATTORNEYS EYES
18 ONLY, and which the Court has previously recognized as sealable. (See Dkt. No. 407.) This
19 portion of Exhibit X discusses commercially sensitive business information and marketing studies
20 generated by Samsung.

This information is confidential and proprietary to Samsung, and could

21 be used to its disadvantage by competitors if it were not filed under seal.
22

5.

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

23 to the Administrative Motion to File Under Seal are the proposed public redacted versions of the
24 documents, where redactions are possible, that Samsung is seeking to file under seal.
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Case No. 11-cv-01846-LHK
CHAN DECLARATION IN SUPPORT OF SAMSUNG’S
ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL

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

Executed in

2 Redwood Shores, California on December 22, 2011.
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/s/ Melissa N. Chan

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

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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 Melissa N. Chan.
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/s/ Victoria Maroulis

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

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