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

Filing 553

Declaration of Cyndi Wheeler in Support of #548 Administrative Motion to File Under Seal , #542 Administrative Motion to File Under Seal re Samsung's Response to Apple's Opening Claim Construction Brief - in Support of Samsungs Administrative Motions To File Documents Under Seal filed byApple Inc.. (Attachments: #1 Proposed Order Proposed Order)(Related document(s) #548 , #542 ) (Bartlett, Jason) (Filed on 12/29/2011)

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HAROLD J. MCELHINNY (CA SBN 66781)
[e-mail]
MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
JENNIFER LEE TAYLOR (CA SBN 161368)
[e-mail]
ALISON M. TUCHER (CA SBN 171363)
[e-mail]
RICHARD S.J. HUNG (CA SBN 197425)
[e-mail]
JASON R. BARTLETT (CA SBN 214530)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: [phone]

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WILLIAM F. LEE
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Telephone: [phone]
Facsimile: [phone]
MARK D. SELWYN (SBN 244180)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]

Attorneys for Plaintiff and
Counterclaim-Defendant APPLE INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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APPLE INC., a California corporation,

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Plaintiff,
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.

11-cv-01846-LHK

DECLARATION OF
CYNDI WHEELER IN SUPPORT
OF SAMSUNG’S
ADMINISTRATIVE MOTIONS
TO FILE DOCUMENTS UNDER
SEAL

Defendants.

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DECLARATION OF CYNDI WHEELER ISO SAMSUNG’S ADMINISTRATIVE MOTIONS TO FILE UNDER SEAL
CASE NO. 4:11-cv-01846-LHK
sf-3088193

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I, Cyndi Wheeler, do hereby declare as follows:

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1.

I am an attorney for Apple Inc. (“Apple”). I submit this declaration in support of

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Samsung’s Administrative Motions to File Documents Under Seal. [Dkt. Nos. 542 and 548.]

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Unless otherwise indicated, I have personal knowledge of the matters set forth below. If called as

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a witness I could and would testify competently as follows.

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2.

Samsung’s Response to Apple’s Opening Claim Construction Brief and exhibits

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attached to the Declaration of Todd M. Briggs in Support of Samsung’s Response to Apple’s

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Opening Claim Construction Brief contained Apple-confidential information. (See Declaration of

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Brian E. Mack in Support of Samsung’s Administrative Motion to File Documents Under Seal

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[Dkt. 542-1].) (“Briggs Declaration”) Specifically:

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Exhibit B to the Briggs Declaration contains a confidential Apple engineering

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requirements specification and discussion of that specification in a deposition

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transcript.

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Exhibit I and J to the Briggs Declaration contain discussions of specific aspects

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of confidential prototype designs.

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3.

Apple does not maintain a claim of confidentiality on Exhibits M, N, S, or O to the

Briggs Declaration.
4.

Similarly, specific portions of Exhibit X to the Declaration of Mark Tung in

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Support of Samsung’s Notice of Lodging Materials in Opposition to Apple’s Motion for

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Preliminary Injunction contained Apple-confidential information. (See Declaration of Melissa N.

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Chan in Support of Samsung’s Administrative Motion to File Documents Under Seal [Dkt. 548-

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2].) (“Chan Decl.”) Specifically:

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Pages 74-76 and 98 of Exhibit X discuss Apple prototype alternative designs

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and final design decisions as compared to those alternative designs.

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Pages 209-10, 213, and 248 contain market share information from a

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confidential report customized for Apple by a third party.

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Pages 222 and 224-28 contain discussions of confidential licenses and

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licensing negotiations between Apple and Samsung or Apple and third parties.

DECLARATION OF CYNDI WHEELER ISO SAMSUNGS ADMINISTRATIVE MOTIONS TO FILE UNDER SEAL
CASE NO. 4:11-cv-01846-LHK
sf-3088193

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5.

Apple does not maintain a claim of confidentiality on pages 24, 77-78, 100, 103,

106, 202-05, or 212 of Exhibit X.
6.

It is Apple’s policy not to disclose or describe its confidential design, trade secrets,

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market research, product development, or business practices to third parties. This information is

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confidential to Apple. It is indicative of the way that Apple manages its business affairs, designs

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its products and conducts product development. If disclosed the information could be used by

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Apple’s competitors to Apple’s disadvantage. The requested relief is necessary and narrowly

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tailored to protect the confidentiality of this information.

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I declare under the penalty of perjury under the laws of the United States of America that

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the forgoing is true and correct to the best of my knowledge and that this Declaration was

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executed this 29th day of December, 2011, at Cupertino, California.

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Dated: December 29, 2011

By: /s/ Cyndi Wheeler ___________
Cyndi Wheeler

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DECLARATION OF CYNDI WHEELER ISO SAMSUNGS ADMINISTRATIVE MOTIONS TO FILE UNDER SEAL
CASE NO. 4:11-cv-01846-LHK
sf-3088193

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ATTESTATION OF E-FILED SIGNATURE
I, Jason R. Bartlett, am the ECF User whose ID and password are being used to file this

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Declaration. In compliance with General Order 45, X.B., I hereby attest that Cyndi Wheeler has

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concurred in this filing.

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Dated: December 29, 2011

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By:

/s/ Jason R. Bartlett
Jason R. Bartlett

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DECLARATION OF CYNDI WHEELER ISO SAMSUNGS ADMINISTRATIVE MOTIONS TO FILE UNDER SEAL
CASE NO. 4:11-cv-01846-LHK
sf-3088193

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