Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
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Administrative Motion to File Under Seal (Renewed) filed by Apple Inc.. (Attachments: #1 Declaration Declaration of Cyndi Wheeler In Support of Apple's Renewed Administrative Motion to File Documents Under Seal, #2 Exhibit B to T. Briggs In Support of Samsung's Response to Apple's Opening Claim Construction, #3 Exhibit I to T. Briggs In Support of Samsung's Response to Apple's Opening Claim Construction, #4 Exhibit J to T. Briggs In Support of Samsung's Response to Apple's Opening Claim Construction, #5 Samsung's Response to Apple's Opening Claim Construction, #6 Proposed Order [Proposed] Order Granting Apple's Renewed Administrative Motion to File Documents Under Seal)(Hung, Richard) (Filed on 1/12/2012)
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HAROLD J. MCELHINNY (CA SBN 66781)
hmcelhinny@mofo.com
MICHAEL A. JACOBS (CA SBN 111664)
mjacobs@mofo.com
JENNIFER LEE TAYLOR (CA SBN 161368)
jtaylor@mofo.com
ALISON M. TUCHER (CA SBN 171363)
atucher@mofo.com
RICHARD S.J. HUNG (CA SBN 197425)
rhung@mofo.com
JASON R. BARTLETT (CA SBN 214530)
jasonbartlett@mofo.com
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: (415) 268-7000
Facsimile: (415) 268-7522
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WILLIAM F. LEE
william.lee@wilmerhale.com
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Telephone: (617) 526-6000
Facsimile: (617) 526-5000
MARK D. SELWYN (SBN 244180)
mark.selwyn@wilmerhale.com
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, California 94304
Telephone: (650) 858-6000
Facsimile: (650) 858-6100
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 APPLE’S RENEWED
ADMINISTRATIVE MOTION TO
FILE DOCUMENTS UNDER
SEAL
Defendants.
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DECLARATION OF CYNDI WHEELER ISO APPLE’S RENEWED MOTION TO FILE UNDER SEAL
CASE NO. 4:11-cv-01846-LHK
sf-3093404
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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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Apple’s Renewed Administrative Motion to File Documents Under Seal. I have personal
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knowledge of the matters set forth below. If called as a witness I could and would testify
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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. Pages 13-31 of the exhibit are the confidential document itself. The
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discussions of the confidential document appear on lines 8-25 of page 7; and
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lines 1-3, 7, and 19-25 of page 8.
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Exhibit I to the Briggs Declaration contains a brief discussion of a specific
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element of a confidential prototype design. This discussion appears on lines
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20-25 of page 7 and line 1 of page 8.
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Exhibit J to the Briggs Declaration also contains discussion of a specific
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element of a confidential prototype design. This discussion appears on lines 7-
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17 of page 7.
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Samsung’s Response to Apple’s Opening Claim Construction Brief contains a
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reference to the confidential portion of Exhibit B described above, including a
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quote from the confidential engineering document. The confidential portion of
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the brief appears at the end of footnote 2.
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3.
It is Apple’s policy not to disclose or describe its confidential design, trade secrets,
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or product development, including in particular the details of its unreleased prototypes, to third
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parties. The confidential material described above all relates to such trade secret information, as
DECLARATION OF CYNDI WHEELER ISO APPLE’S RENEWED MOTION TO FILE UNDER SEAL
CASE NO. 4:11-cv-01846-LHK
sf-3093404
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each of the three referenced exhibits contains portions discussing confidential engineering
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information or unreleased prototype design, and the referenced brief quotes from the confidential
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portion of one of the exhibits. This information is highly confidential to Apple. It is indicative of
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the way that Apple manages its business affairs, designs its products, and conducts its product
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development. The information described above could be used by Apple’s competitors to Apple’s
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disadvantage if disclosed publicly. The relief requested in this renewed motion is necessary and
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is narrowly tailored to protect confidential information, focusing only on specific portions of the
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documents at issue.
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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 12th day of January, 2012, at Cupertino, California.
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Dated: January 12, 2011
By: /s/ Cyndi Wheeler ___________
Cyndi Wheeler
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DECLARATION OF CYNDI WHEELER ISO APPLE’S RENEWED MOTION TO FILE UNDER SEAL
CASE NO. 4:11-cv-01846-LHK
sf-3093404
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ATTESTATION OF E-FILED SIGNATURE
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I, Richard S.J. Hung, 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: January 12, 2012
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By:
/s/ Richard S.J. Hung
Richard S.J. Hung
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DECLARATION OF CYNDI WHEELER ISO APPLE’S RENEWED MOTION TO FILE UNDER SEAL
CASE NO. 4:11-cv-01846-LHK
sf-3093404
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