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

Filing 602

Administrative Motion to File Under Seal re Samsung's January 10, 2012 Filings filed by Samsung Electronics Co. Ltd.. (Attachments: #1 Trac Declaration, #2 Proposed Order)(Maroulis, Victoria) (Filed on 1/11/2012)

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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

18 APPLE INC., a California corporation,

CASE NO. 11-cv-01846-LHK

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DECLARATION OF BILL TRAC IN
SUPPORT OF SAMSUNG’S
ADMINISTRATIVE MOTION TO FILE
DOCUMENTS UNDER SEAL

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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,
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Defendants.
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02198.51855/4543856.1

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

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I, Bill Trac, declare:

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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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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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could and would testify as follows.
2.

The requested relief is necessary to protect the confidentiality of information

9 discussed in the following documents:
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a. Samsung’s Notice of Motion and Motion to Compel Apple to Produce

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Documents and Things; Memorandum of Points and Authorities in Support

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Thereof;

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i. Declaration of Diane C. Hutnyan in Support of Samsung’s Motion

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to Compel Apple to Produce Documents and Things, and exhibits;

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b. Samsung’s Renewed Motion to Compel Discovery Relating to Mac OS
10.0; Memorandum of Points and Authorities in Support Thereof;
i. Declaration of Diane C. Hutnyan in Support of Samsung’s Renewed
Motion to Compel Production of Mac OS 10.0, and exhibits;
c. Samsung’s Motion to Enforce Various Court Orders Requiring the

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Production of Materials Relevant to Apple’s Asserted Design Patents;

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Memorandum of Points and Authorities in Support Thereof;

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i. Declaration of Diane C. Hutnyan in Support of Samsung’s Motion
to Enforce Court Orders, and exhibits;
d. Samsung’s Motion for Clarification Regarding the Court’s December 22,
2011 Order (Dkt No. 535);

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02198.51855/4543856.1

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

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i. Declaration of Brett Arnold in Support of Samsung’s Motion for

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Clarification Regarding the Court’s December 22, 2011 Order (Dkt

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No. 535), and exhibits;

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e. Samsung’s Motion for Protective Order

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i. Declaration of Diane C. Hutnyan in Support of Samsung’s Motion

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for a Protective Order.

7 Samsung’s Motion to Compel
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3.

Exhibits K, M, S and T to the Declaration of Diane C. Hutnyan in Support of

9 Samsung’s Renewed Motion to Compel include excerpts from documents or references to
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documents that have been designated by Apple as Highly Confidential – Attorneys’ Eyes Only
under the interim protective order, or otherwise contain Apple confidential information.

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4.

Exhibits A, B, D, J, L, N-R, U-Z, AA-CC to the Declaration of Diane C. Hutnyan

in Support of Samsung’s Renewed Motion to Compel are discovery correspondences or other

15 documents which reference documents that have been designated by Apple as Highly Confidential
16 – Attorneys’ Eyes Only under the interim protective order, or reference other information that may
17 be Apple confidential.
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5.

Portions of Samsung’s Motion to Compel reference the exhibits cited above,

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thereby referencing documents that have been designated by Apple as Highly Confidential –
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Attorneys’ Eyes Only under the interim protective order.

22 Samsung’s Renewed Motion to Compel
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6.

Exhibit A to the Declaration of Diane C. Hutnyan in Support of Samsung’s

24 Renewed Motion to Compel include excerpts from documents that have been designated by Apple
25 as Highly Confidential – Attorneys’ Eyes Only under the interim protective order.
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02198.51855/4543856.1

7.

Exhibits B and C to the Declaration of Diane C. Hutnyan in Support of Samsung’s

Renewed Motion to Compel are discovery correspondences which reference documents that have
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Case No. 11-cv-01846-LHK
DECLARATION IN SUPPORT OF SAMSUNG’S
MOTION TO FILE DOCUMENTS UNDER SEAL

1 been designated by Apple as Highly Confidential – Attorneys’ Eyes Only under the interim
2 protective order.
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8.

Portions of Samsung’s Renewed Motion to Compel reference the exhibits cited

above, thereby referencing documents that have been designated by Apple as Highly Confidential

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– Attorneys’ Eyes Only under the interim protective order.

7 Samsung’s Motion to Enforce
9.
Exhibits C and I to the Declaration of Diane C. Hutnyan in Support of Samsung’s
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9 Motion to Enforce include excerpts from documents that have been designated by Apple as Highly
10 Confidential – Attorneys’ Eyes Only under the interim protective order.
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10.

Exhibits D and F to the Declaration of Diane C. Hutnyan in Support of Samsung’s

Motion to Enforce are discovery correspondences which reference documents that have been

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designated by Apple as Highly Confidential – Attorneys’ Eyes Only under the interim protective
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order.
11.

Portions of Samsung’s Motion to Enforce reference the exhibits cited above,

17 thereby referencing documents that have been designated by Apple as Highly Confidential –
18 Attorneys’ Eyes Only under the interim protective order.
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Samsung’s Motion for Clarification
12.

Exhibits A-J to the Declaration of Brett Arnold in support of Samsung's Motion for

Clarification Regarding the Court’s December 22, 2011 Order (Dkt No. 535) are all documents

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that have been designated by Apple as Highly Confidential – Attorneys’ Eyes Only under the
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interim protective order.
13.

Portions of Samsung’s Motion to for Clarification and the Declaration of Brett

26 Arnold in support of Samsung's Motion for Clarification reference the exhibits cited above,
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02198.51855/4543856.1

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

1 thereby referencing documents that have been designated by Apple as Highly Confidential –
2 Attorneys’ Eyes Only under the interim protective order.
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Samsung’s Motion for Protective Order

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14.

Exhibits B through K to the Declaration of Diane C. Hutnyan in Support of

Samsung’s Motion for Protective Order include excerpts from documents that have been

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designated by Apple as Highly Confidential – Attorneys’ Eyes Only under the interim protective
order.
15.

Portions of Samsung’s Motion for Protective Order reference the exhibits cited

10 above, thereby referencing documents that have been designated by Apple as Highly Confidential
11 – Attorneys’ Eyes Only under the interim protective order.
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Proposed Public Redacted Versions
16.

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

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1 are is the proposed public redacted version of Samsung’s Motion to Compel and supporting
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documents.
17.

Attached as Exhibit 2 are the proposed public redacted version of Samsung’s

18 Renewed Motion to Compel and supporting documents.
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18.

Attached as Exhibit 3 are the proposed public redacted version of Samsung’s

20 Motion to Enforce and supporting documents.
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19.

Attached as Exhibit 4 are the proposed public redacted version of Samsung’s

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Motion for Clarification and supporting documents.
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20.

Attached as Exhibit 5 are the proposed public redacted version of Samsung’s

25 Motion for Protective Order and supporting documents.
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02198.51855/4543856.1

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

1

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

2 Redwood Shores, California on January 10, 2012.
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/s/ Bill Trac
Bill Trac

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02198.51855/4543856.1

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Case No. 11-cv-01846-LHK
DECLARATION IN SUPPORT OF SAMSUNG’S
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 Bill Trac.
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/s/ Victoria Maroulis________

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02198.51855/4543856.1

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