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

Filing 619

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)
[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 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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