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

Filing 599

MOTION for Protective Order Apple's Motion for Entry of Protective Order Regarding Disclosure and Use of Discovery Materials filed by Apple Inc.. Motion Hearing set for 1/18/2012 02:00 PM before Magistrate Judge Paul Singh Grewal. Responses due by 1/13/2012. (Attachments: #1 McElhinny Declaration, #2 Exhibit A, #3 Exhibit B, #4 Mazza Declaration, #5 Exhibit A, #6 Maselli Declaration, #7 Exhibit A, #8 Exhibit B, #9 Exhibit C, #10 Exhibit D)(Jacobs, Michael) (Filed on 1/10/2012)

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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]

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]

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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.,

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Case No.
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.,

11-cv-01846-LHK (PSG)

DECLARATION OF MIA MAZZA
IN SUPPORT OF MOTION FOR
ENTRY OF PROTECTIVE ORDER
REGARDING DISCLOSURE AND
USE OF DISCOVERY
MATERIALS

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Defendants.
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MAZZA DECLARATION ISO APPLE’S MOTION FOR ENTRY OF PROTECTIVE ORDER
11-CV-01846-LHK (PSG)
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I, Mia Mazza, declare as follows:

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I am a partner in the law firm of Morrison & Foerster LLP, counsel for Apple Inc.

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(“Apple”). I am licensed to practice law in the State of California. Unless otherwise indicated, I

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have personal knowledge of the matters stated herein or understand them to be true from

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members of my litigation team. I make this Declaration in support of Apple’s Motion for Entry

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of Protective Order Regarding Disclosure and Use of Discovery Materials.

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2.

The parties have been operating under the Northern District’s interim protective

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order (“Interim Protective Order”), and thus far the only expert-related objection that the parties

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have not been able to resolve has been with respect to Samsung expert Itay Sherman. As detailed

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further in the Declaration Of Esther Kim In Support Of Apple’s Opposition To Samsung’s

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Motion To Permit Samsung’s Expert Itay Sherman To Review Design Materials Designated

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Under The Protective Order (Dkt. 502-9), Mr. Sherman (1) is the owner and CEO of

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DoubleTouch, Ltd., a company that is developing touch screen technology; (2) is a named

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inventor on pending patent applications claiming multi-touch technology; and (3) has ongoing

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consulting relationships with companies that design technologies and products that have been, or

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may be, offered to handset manufacturers that are Apple’s competitors.

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3.

Apple and Samsung have produced hundreds of thousands of pages of materials in

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this case designated under the Interim Protective Order as “Confidential—Attorneys Eyes Only,”

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containing highly sensitive information that, if disclosed to a competitor, would result in harm to

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Apple. These sensitive materials include business plans, sales and financial information, and

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information regarding Apple’s product features and designs. Guarding the confidentiality of

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these materials is a top priority for Apple. Indeed, Apple protects its computer aided design files

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(“CAD”) for example, with security measures that are as high as or even higher than those that it

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uses to guard its source code.

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4.

Because of Mr. Sherman’s substantial involvement with Apple’s competitors,

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Apple objected to granting Mr. Sherman access to these sensitive materials. After briefing by the

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parties regarding this dispute, this Court issued an Order (Dkt. 535) on December 22, 2011, that

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MAZZA DECLARATION ISO APPLE’S MOTION FOR ENTRY OF PROTECTIVE ORDER
11-CV-01846-LHK (PSG)
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precluded Mr. Sherman from viewing many of the materials Apple had designated as

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“Confidential—Outside Counsel’s Eyes Only” under the Interim Protective Order.

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Attached hereto as Exhibit A is a true and correct copy of correspondence sent by

counsel for Samsung to counsel for Apple on January 8, 2012.
I declare under penalty of perjury of the laws of the United States that the foregoing is true
and correct. Executed on this 10th day of January, 2012 at San Francisco, California.

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/s/ Mia Mazza__________
Mia Mazza

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MAZZA DECLARATION ISO APPLE’S MOTION FOR ENTRY OF PROTECTIVE ORDER
11-CV-01846-LHK (PSG)
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ATTESTATION OF E-FILED SIGNATURE
I, Michael A. Jacobs, 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 Mia Mazza has

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concurred in this filing.

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Dated: January 10, 2012

/s/ Michael A. Jacobs
Michael A. Jacobs

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MAZZA DECLARATION ISO APPLE’S MOTION FOR ENTRY OF PROTECTIVE ORDER
11-CV-01846-LHK (PSG)
sf- 3092714

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