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

Filing 642

Administrative Motion to File Under Seal Samsung's Opposition to Apple's Motion to Compel Production of Documents and Things (Dkt No. 613) filed by Samsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Attachments: #1 Declaration in support of Motion to Seal, #2 Proposed Order Granting Motion to Seal, #3 Proposed Public Redacted Version of Samsung's Opposition to Apple's Motion to Compel Production of Documents and Things (Dkt No. 613), #4 Redacted Chan Declaration, #5 Exhibit 1 to Chan Declaration, #6 Exhibit 2 to Chan Declaration, #7 Exhibit 3 to Chan Declaration, #8 Exhibit 4 to Chan Declaration)(Maroulis, Victoria) (Filed on 1/17/2012)

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Cal. Bar No. 170151)
 [e-mail]
50 California Street, 22nd Floor
 San Francisco, California 94111
Telephone: [phone]
 Facsimile: [phone]
 Kevin P.B. Johnson (Cal. Bar No. 177129)
[e-mail]
 Victoria F. Maroulis (Cal. Bar No. 202603)
[e-mail]
 555 Twin Dolphin Drive 5th Floor
Redwood Shores, California 94065
 Telephone: [phone]
Facsimile: [phone]

Michael T. Zeller (Cal. Bar No. 196417)
 [e-mail]
865 S. Figueroa St., 10th Floor
 Los Angeles, California 90017
Telephone: [phone]
 Facsimile: [phone]
 Attorneys for SAMSUNG ELECTRONICS
CO., LTD., SAMSUNG ELECTRONICS
 AMERICA, INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC



UNITED STATES DISTRICT COURT



NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

 APPLE INC., a California corporation,

CASE NO. 11-cv-01846-LHK



DECLARATION OF MELISSA CHAN IN
SUPPORT OF SAMSUNG’S
ADMINISTRATIVE MOTION TO FILE
UNDER SEAL ITS OPPOSITION TO
APPLE’S MOTION TO COMPEL
DOCUMENTS AND THINGS



Plaintiff,
vs.

 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,

Defendants.






02198.51855/4554225.2

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

1

I, Melissa Chan, declare:

2
3

1.

I am an associate in the law firm of Quinn Emanuel Urquhart & Sullivan, LLP,

4 counsel for Samsung Electronics Co., Ltd., Samsung Electronics America, Inc. and Samsung
5 Telecommunications America, LLC (collectively, “Samsung”). Unless otherwise indicated, I
6 have personal knowledge of the facts set forth in this declaration and, if called upon as a witness, I
7 could and would testify as follows.
8

2.

Samsung files its administrative motion for an order to seal to protect the

9 confidentiality of information discussed in Samsung’s Opposition to Apple’s Motion to Compel
10 Documents and Things ("Samsung's Opposition"), the Declaration of Melissa Chan in Support of
11 Samsung’s Opposition to Apple’s Motion to Compel Documents and Things (the “Chan
12 Declaration”), Exhibits 1 and 4 of the Chan Declaration, and the Declaration of Hankil Kang in
13 Support of Samsung’s Opposition to Apple’s Motion to Compel Documents and Things (the
14 "Kang Declaration"). These documents contain information declared to be HIGHLY
15 CONFIDENTIAL — ATTORNEYS EYES ONLY.
16

3.

Exhibit 1 of the Chan Declaration is a communication between counsel for

17 Samsung and counsel for Apple regarding production of documents and things, including
18 information about highly confidential source code.
19

4.

Exhibit 4 of the Chan Declaration consists of email from Samsung’s counsel to

20 Apple’s counsel on December 28, 2011, demanding that Apple communicate whether it was going
21 to accept the offered deposition dates.

This document contains confidential business information

22 regarding Samsung's personnel and has accordingly been designated as HIGHLY
23 CONFIDENTIAL — ATTORNEYS EYES ONLY.
24

5.

Both Samsung's Opposition and the Chan Declaration discuss and quote from the

25 information contained in the above documents, which has been designated as highly confidential.
26
27
28

02198.51855/4554225.2

Case No. 11-cv-01846-LHK
-2CHAN DECLARATION IN SUPPORT OF SAMSUNG’S
MOTION TO FILE DOCUMENTS UNDER SEAL

1

6.

The Kang Declaration contains Samsung's confidential business information,

2 including about unreleased product designs.

This information is maintained as highly

3 confidential by Samsung in the ordinary course of business and is not disclosed to competitors.
4
5
6

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

Executed in

7 Redwood Shores, California on January 17, 2012.
8
9

/s/ Melissa Chan

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

02198.51855/4554225.2

Case No. 11-cv-01846-LHK
-3CHAN DECLARATION IN SUPPORT OF SAMSUNG’S
MOTION TO FILE DOCUMENTS UNDER SEAL

1
2

General Order 45 Attestation
I, Victoria F. Maroulis, am the ECF user whose ID and password are being used to file this

3 Declaration.

In compliance with General Order 45(X)(B), I hereby attest that Melissa Chan has

4 concurred in this filing.
5

/s/ Victoria Maroulis

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

02198.51855/4554225.2

Case No. 11-cv-01846-LHK
-4CHAN DECLARATION IN SUPPORT OF SAMSUNG’S
MOTION TO FILE DOCUMENTS UNDER SEAL