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

Filing 632

OPPOSITION to ( #602 Samsung's MOTION for a Protective Order Administrative Motion to File Under Seal ( re Samsung's January 10, 2012 Filings ) filed by Apple Inc.. (Attachments: #1 Mazza Declaration, #2 Bartlett Declaration, #3 Ex. A to Bartlett Declaration, #4 Proposed Order)(Jacobs, Michael) (Filed on 1/17/2012) Modified text on 1/18/2012 (dhm, COURT STAFF).

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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., a California corporation,
Plaintiff,

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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.,

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Case No.

11-cv-01846-LHK (PSG)

DECLARATION OF JASON R.
BARTLETT IN SUPPORT OF
APPLE’S OPPOSITION TO
SAMSUNG’S MOTION FOR A
PROTECTIVE ORDER
Date:
Time:
Place:
Judge:

Defendants.
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BARTLETT DECL ISO APPLE’S OPP. TO SAMSUNG’S MOT. FOR PROT. ORDER
CASE NO. 11-CV-01846-LHK (PSG)
sf-3094493

January 19, 2012
10:00 a.m.
Courtroom 5, 4th Floor
Hon. Paul S. Grewal

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I, Jason R. Bartlett, declare as follows:

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1.

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 Opposition to

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Samsung’s Motion for a Protective Order.

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2.

In August 2011, Apple sent Samsung a proposed protective order regarding

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disclosure and use of discovery materials in this case. That proposed protective order provided

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for two levels of confidentiality: (1) “Confidential”; and (2) “Confidential – Attorneys’ Eyes

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Only.” The latter level included documents designated as “Confidential – Attorneys’ Eyes Only –

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Source Code.”

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3.

On August 16, 2011, Samsung sent a red-lined version of Apple’s proposed two-

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tier confidentiality order. Samsung’s revised order deleted the provision allowing in-house

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counsel for the parties to access documents marked with the lower confidentiality designation. A

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true and correct copy of that red-lined protective order and its cover email is attached hereto as

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Exhibit A.

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4.

In response to Samsung’s August 16, 2011 proposal, Apple pointed out that if in-

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house counsel would not have access to documents marked with the lower confidentiality

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designation, there did not seem to be a compelling reason to have a two-tier protective order.

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Apple therefore suggested that the parties implement a single-tier confidentiality structure.

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Samsung agreed.

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5.

There are two pending matters before the International Trade Commission (“ITC”)

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involving Apple and Samsung. The parties have agreed that documents produced in those matters

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may be “cross-used” in this action. Discovery in the ITC matters is governed by a single-tier

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protective order which requires “Attorneys’ Eyes Only” treatment for all confidential material.

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All confidential documents produced in those matters reflect that designation scheme.

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BARTLETT DECL ISO APPLE’S OPP. TO SAMSUNG’S MOT. FOR PROT. ORDER
CASE NO. 11-CV-01846-LHK (PSG)
sf-3094493

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I declare under penalty of perjury that the foregoing is true and correct. Executed this
17th day of January, 2012, at San Francisco, California.
/s/ Jason R. Bartlett
Jason R. Bartlett

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BARTLETT DECL ISO APPLE’S OPP. TO SAMSUNG’S MOT. FOR PROT. ORDER
CASE NO. 11-CV-01846-LHK (PSG)
sf-3094493

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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 Jason R. Bartlett has

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concurred in this filing.

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Dated: January 17, 2012

/s/ Michael A. Jacobs
Michael A. Jacobs

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BARTLETT DECL ISO APPLE’S OPP. TO SAMSUNG’S MOT. FOR PROT. ORDER
CASE NO. 11-CV-01846-LHK (PSG)
sf-3094493

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