Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
648
Declaration of Cyndi Wheeler in Support of #602 Administrative Motion to File Under Seal re Samsung's January 10, 2012 Filings filed byApple Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Proposed Order)(Related document(s) #602 ) (Hung, Richard) (Filed on 1/18/2012)
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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 SAMSUNG’S
ADMINISTRATIVE MOTION TO
FILE DOCUMENTS UNDER
SEAL
Defendants.
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DECLARATION OF CYNDI WHEELER ISO SAMSUNG’S ADMINISTRATIVE MOTIONS TO FILE UNDER SEAL
CASE NO. 11-cv-01846-LHK
sf-3095037
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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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Samsung’s Administrative Motion to File Documents Under Seal. [Dkt. No. 602.] Unless
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otherwise indicated, I have personal knowledge of the matters set forth below. If called as a
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witness I could and would testify competently as follows.
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2.
Samsung’s Motion to Compel, the Declaration of Diane C. Hutnyan in Support of
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Samsung’s Motion to Compel (“Hutnyan Declaration ISO MtC”), and exhibits attached to the
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Hutnyan Declaration ISO MtC contain Apple-confidential material. (See Declaration of Bill Trac
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in Support of Samsung’s Administrative Motion to File Documents Under Seal [Dkt. No. 602-1])
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(“Trac Declaration.”) Specifically:
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Exhibit A to the Hutnyan Declaration ISO MtC consists of a letter with
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references to mechanical outlines (MCOs), the number of physical design
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models that Apple possesses, a license relationship with a third party, and
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internal Apple code names for its products. A proposed redacted version is
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attached hereto as Exhibit 1.
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Exhibit D to the Hutnyan Declaration ISO MtC consists of Apple’s Objections
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and Responses to Samsung’s First Set of Requests for Admission and was
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designated CONFIDENTIAL under the interim protective order as certain of
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Apple’s responses and objections contain technical information regarding the
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functionality of Apple’s products relating to baseband processors. This
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information is not publicly available and could be used by Apple’s competitors
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to its disadvantage. A proposed redacted version is attached hereto as Exhibit
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2.
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Exhibits K and L to the Hutnyan Declaration ISO MtC consist of, respectively,
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a large selection from the deposition of a senior design executive at Apple, and
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a letter discussing statements made at the executive’s deposition. The
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deposition and letter contain discussions of Apple’s product development
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processes for iPhone and iPad across industrial design and engineering
DECLARATION OF CYNDI WHEELER ISO SAMSUNGS ADMINISTRATIVE MOTION TO FILE UNDER SEAL
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disciplines, Apple internal structure and workflow, and alternate designs
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created and considered during the development of the iPhone and iPad. These
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topics reveal confidential information about Apple’s product development and
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design strategy. With the exception of lines 62:7-10 and 69:19-25, the entirety
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of Exhibit K should be filed under seal. The entirety of Exhibit L should be
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filed under seal. A proposed redacted version of Exhibit K is attached hereto
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as Exhibit 3.
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Exhibit M to the Hutnyan Declaration ISO MtC consists of excerpts from the
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deposition of an Apple designer. The excerpts contain discussion of Apple’s
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internal product development process for the iPhone graphical user interface.
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This discussion reveals confidential information about Apple’s product
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development and design strategy. The entirety of Exhibit M should be filed
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under seal.
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Exhibit N to the Hutnyan Declaration ISO MtC consists of a letter that names a
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specific server on which an Apple custodian stores documents and selections
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from a deposition discussing manufacturing information, schematics, and code
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possessed by Apple and an entity that was acquired by Apple. This
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confidential information reveals Apple’s business practices, development
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strategy, manufacturing details, and information about Apple’s data storage. A
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proposed redacted version of Exhibit N is attached hereto as Exhibit 4.
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Exhibits P and Y to the Hutnyan Declaration ISO MtC consist of letters
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discussing the confidential work of Apple’s Industrial Design group and
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internal code names. This information reveals confidential information about
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Apple’s business practices and design group. Proposed redacted versions are
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attached hereto as Exhibits 5 and 6.
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Exhibit Q to the Hutnyan Declaration ISO MtC consists of a letter discussing
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information regarding Apple’s advertising decisions that Samsung obtained
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from a deposition. The details reveal Apple’s business practices, in particular
DECLARATION OF CYNDI WHEELER ISO SAMSUNGS ADMINISTRATIVE MOTION TO FILE UNDER SEAL
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Apple’s advertising strategies. A proposed redacted version of Exhibit Q is
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attached hereto as Exhibit 7.
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Exhibits S and T to the Hutnyan Declaration ISO MtC consist of excerpts from
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depositions containing discussions of Apple’s internal product development
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processes for iPhone and iPod. These discussions reveal confidential
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information about Apple’s product development and design strategy. The
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entirety of Exhibits S and T should be filed under seal.
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Exhibits U, W, and Z to the Hutnyan Declaration ISO MtC consist of letters
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that contain references to internal Apple code names for its products. In
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addition, Exhibit W contains a number of search terms for internal Apple
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documents that were devised from confidential business, product development,
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and design information to collect responsive documents, many of which will
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themselves be confidential. These terms are non-public and were revealed to
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Samsung’s counsel under a confidentiality designation in the interest of
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discovery transparency. Proposed redacted versions of Exhibits U, W, and Z
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are attached as Exhibits 8, 9, and 10, respectively.
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Samsung’s Motion to Compel and the Hutnyan Declaration ISO MtC should
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be filed under seal to the extent they refer to the above-referenced confidential
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information.
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3.
Apple does not maintain a claim of confidentiality on Exhibits B, J, O, P, R, V, X,
Y, AA, BB, or CC to the Hutnyan Declaration ISO MtC.
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Exhibit C to the Declaration of Diane C. Hutnyan in Support of Samsung’s
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Renewed Motion to Compel (“Hutnyan Declaration ISO RMtC”) contains Apple-confidential
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information. (See Trac Declaration.) Specifically, it consists of a letter that contains references
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to internal Apple code names for its products and a reference to the confidential work of Apple’s
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Industrial Design group. A proposed redacted version of Exhibit C is attached as Exhibit 11.
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DECLARATION OF CYNDI WHEELER ISO SAMSUNGS ADMINISTRATIVE MOTION TO FILE UNDER SEAL
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5.
Apple does not maintain a claim of confidentiality on Samsung’s Renewed Motion
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to Compel, the Hutnyan Declaration ISO RMtC, or Exhibits A or B to the Hutnyan Declaration
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ISO RMtC.
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6.
Samsung’s Motion to Enforce Various Court Orders, the Declaration of Diane C.
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Hutnyan in Support of Samsung’s Motion to Enforce Various Court Orders (“Hutnyan
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Declaration ISO MtE”), and exhibits attached to the Hutnyan Declaration ISO MtE contain
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Apple-confidential information. (See Trac Declaration.) Specifically:
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Exhibit C to the Hutnyan Declaration ISO MtE consists of an excerpt from the
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deposition of a senior design executive at Apple. The deposition contains a
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discussion of Apple’s product development processes for iPhone and iPad
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across both industrial design and engineering disciplines and Apple internal
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structure and workflow. These topics reveal confidential information about
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Apple’s product development and design strategy. The entirety of Exhibit C
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should be filed under seal.
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Exhibit D to the Hutnyan Declaration ISO MtE is identical to Exhibit A to the
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Hutnyan Declaration ISO MtC. As discussed above, this exhibit consists of a
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letter with references to Apple’s design practices, the specific number of
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physical design models that Apple possesses, a license relationship with a third
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party, and internal Apple code names for its products. The proposed redacted
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version attached as Exhibit 1 also covers the portions of this exhibit that
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should be filed under seal.
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Samsung’s Motion to Enforce Various Court Orders should be filed under seal
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to the extent it refers to the above-referenced confidential information.
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7.
Apple does not maintain a claim of confidentiality on Exhibits F or I to the
Hutnyan Declaration ISO MtE.
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Samsung’s Motion for Clarification, the Declaration of Brett Arnold in Support of
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Samsung’s Motion for Clarification (“Arnold Declaration”), and exhibits attached to the Arnold
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Declaration contain Apple-confidential information. (See Trac Declaration.) Specifically:
DECLARATION OF CYNDI WHEELER ISO SAMSUNGS ADMINISTRATIVE MOTION TO FILE UNDER SEAL
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Exhibits A-D to the Arnold Declaration consist of internal Apple documents
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discussing Apple designs and testing, project specifications, code names, and
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potential project specifications. These documents include e-mails and reports.
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The confidential information in these documents reveals Apple’s business
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practices, design and development practices, and strategy discussions and
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decisions. These exhibits should be sealed in their entirety.
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Exhibits E and F to the Arnold Declaration consist of photographs of Apple
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Model 035. The photographs of Apple Model 035 have been the subject of
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considerable briefing before the Court and a Court Order. (See Order Granting
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in Part Samsung’s Motion to Compel [Dkt. No. 536.] at 3) (“December 22,
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2011 Order.”) As the Court noted in its December 22, 2011 Order, Apple may
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maintain its confidentiality designations on those photos that display details
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that were not disclosed in earlier patent filings. (Id.) The Court suggested in a
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footnote that photographs “taken close-up and at an angle” were an example of
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such “additional detail” by commenting that it did not see “additional” details
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but for those taken close-up and at an angle (Id. n.3.) Exhibit E consists solely
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of photographs taken close-up and at an angle. These photographs reveal
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significant details of one of Apple’s unreleased design models and, consistent
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with the Court’s Order, should be filed entirely under seal. Moreover, as
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Apple set forth in its Opposition to Samsung’s Motion to Enforce Various
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Court Orders, filed January 17, 2011, size and scale information are not present
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in any photographs that have been publicly filed, and thus reveal additional
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details in one of Apple’s unreleased design models that should not be released
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to the public. A proposed public redacted version of Exhibit F with this
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additional size and scale information removed is attached as Exhibit 12.
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Exhibit G to the Arnold Declaration consists of a confidential declaration
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submitted to the Court by a Senior Director of Industrial Design at Apple. This
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declaration describes Apple’s design process, discusses specifics of the design
DECLARATION OF CYNDI WHEELER ISO SAMSUNGS ADMINISTRATIVE MOTION TO FILE UNDER SEAL
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and development process behind iPhone and a design patent, and includes a
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number of CAD files as exhibits. CAD files are the most heavily protected
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type of design document at Apple, as they reveal Apple’s designs and design
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decisions in great detail with multiple views and a high degree of specificity.
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These files are so confidential that they are produced for inspection at a third
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party escrow facility, rather than directly to Samsung. Exhibit G should be
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filed under seal in its entirety.
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Exhibit H to the Arnold Declaration consists of a design patent with
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handwriting from a member of Apple’s Industrial Design team. The Apple
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employee’s written commentary reveals Apple’s confidential internal views on
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and interpretation of the patent at issue. A proposed redacted version of
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Exhibit H is attached as Exhibit 13.
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Samsung’s Motion for Clarification and the Arnold Declaration should be filed
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under seal to the extent they refer to the above-referenced confidential
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information. In particular, the Arnold Declaration refers to the number of
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design models that Apple possesses, a fact that is also addressed in connection
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with Exhibit A to the Hutnyan Declaration ISO MtC as discussed above, which
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provides information on Apple’s design strategies and product development.
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9.
Apple does not maintain a claim of confidentiality on Exhibits I or J to the Arnold
Declaration.
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Samsung’s Motion for a Protective Order and exhibits attached to the Declaration
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of Diane C. Hutnyan in Support of Samsung’s Motion for a Protective Order (“Hutnyan
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Declaration ISO MPO”) contain Apple-confidential information. (See Trac Declaration.)
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Specifically:
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Exhibits B, C, D, and K to the Hutnyan Declaration ISO MPO contain internal
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Apple e-mail discussions between high-level Apple executives forwarding
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third-party articles for discussion and, in the case of Exhibits D and K, adding
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commentary. The identities of Apple executives who chose to forward certain
DECLARATION OF CYNDI WHEELER ISO SAMSUNGS ADMINISTRATIVE MOTION TO FILE UNDER SEAL
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pieces of material for discussion, their e-mail addresses, and their commentary
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are all highly confidential. This information reveals Apple’s strategic
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discussions at the highest levels and contact information for the highest Apple
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personnel. Proposed redacted versions of Exhibits B, C, D, and K to the
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Hutnyan Declaration ISO MPO are attached as Exhibits 14, 15, 16, and 17,
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respectively.
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Exhibits E-J to the Hutnyan Declaration ISO MPO consist of internal
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documents revealing design, development, and testing decisions and
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discussions. Exhibit E is an internal slide deck with discussion points on iPad
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2. Exhibit F is an internal talking points list for a senior design executive
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regarding iPad 2. Exhibit G is an internal Apple report summarizing a
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potential project specification. Exhibit H and I are an internal slide deck for
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presentation to senior Apple executives and an internal project specification
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discussing a then pre-release project and concept model. Exhibit J is an
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internal e-mail discussing design and testing. Each of these exhibits reveals
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confidential information regarding Apple’s confidential designs and product
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development practices. These exhibits should be sealed in their entirety.
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Samsung’s Motion for a Protective Order should be filed under seal to the
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extent it incorporates confidential information from the above documents,
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including for example Apple’s confidential internal code names.
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11.
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ISO MPO.
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12.
Apple does not maintain a claim of confidentiality on the Hutnyan Declaration
It is Apple’s policy not to disclose or describe its confidential design, trade secrets,
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product development, or business practices to third parties. The above information is confidential
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to Apple. It is indicative of the way that Apple manages its business affairs, designs its products
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and conducts product development. The above documents that contain internal Apple code
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names reveal information that Apple uses to maintain confidentiality with respect to its entire
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design and development process. If disclosed, the information in the materials described above
DECLARATION OF CYNDI WHEELER ISO SAMSUNGS ADMINISTRATIVE MOTION TO FILE UNDER SEAL
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could be used by Apple’s competitors to Apple’s disadvantage. The requested relief is necessary
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and narrowly tailored to protect the confidentiality of this information.
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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 18th day of January, 2012, at Cupertino, California.
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Dated: January 18, 2012
By: /s/ Cyndi Wheeler ___________
Cyndi Wheeler
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DECLARATION OF CYNDI WHEELER ISO SAMSUNGS ADMINISTRATIVE MOTION TO FILE UNDER SEAL
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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 18, 2012
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By:
/s/ Richard S.J. Hung
Richard S.J. Hung
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DECLARATION OF CYNDI WHEELER ISO SAMSUNGS ADMINISTRATIVE MOTION TO FILE UNDER SEAL
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