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

Filing 651

Declaration of Melissa N. Chan in Support of #613 Administrative Motion to File Under Seal filed bySamsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Attachments: #1 Proposed Order)(Related document(s) #613 ) (Maroulis, Victoria) (Filed on 1/19/2012)

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Bar No. 170151)
2 [e-mail]
50 California Street, 22nd Floor
3 San Francisco, California 94111
Telephone: [phone]
4 Facsimile: [phone]
5 Kevin P.B. Johnson (Bar No. 177129)
[e-mail]
6 Victoria F. Maroulis (Bar No. 202603)
[e-mail]
th
7 555 Twin Dolphin Drive, 5 Floor
Redwood Shores, California 94065-2139
8 Telephone: [phone]
Facsimile: [phone]
9
Michael T. Zeller (Bar No. 196417)
10 [e-mail]
865 S. Figueroa St., 10th Floor
11 Los Angeles, California 90017
Telephone: [phone]
12 Facsimile: [phone]
13 Attorneys for SAMSUNG ELECTRONICS CO.,
LTD., SAMSUNG ELECTRONICS AMERICA,
14 INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

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19 APPLE INC., a California corporation,
Plaintiff,

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vs.

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22 SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity; SAMSUNG
23 ELECTRONICS AMERICA, INC., a New
York corporation; SAMSUNG
24 TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,
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Defendant.
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CASE NO. 11-cv-01846-LHK
DECLARATION OF MELISSA N. CHAN
IN SUPPORT OF SEALING APPLE’S
MOTION TO COMPEL PRODUCTION
OF DOCUMENTS AND THINGS AND
EXHIBITS A, H, AND J TO THE MAZZA
DECLARATION IN SUPPORT
THEREOF, PURSUANT TO LOCAL
RULE 79-5(d)

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Case No. 11-cv-01846-LHK
DECLARATION OF MELISSA N. CHAN IN SUPPORT OF SEALING APPLE’S MOTION TO COMPEL

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Pursuant to Civil L.R. 79-5(d), Defendants Samsung Electronics Co., Ltd., Samsung

2 Electronics America, Inc., and Samsung Telecommunications America, LLC (collectively
3 “Samsung”) submit the appended declaration of Melissa N. Chan in support of Apple’s
4 Administrative Motion to Seal Apple’s Motion to Compel (Dkt. No. 613), to establish that the
5 following are sealable:
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Things (“Motion to Compel”);
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Confidential Portions of Apple’s Motion to Compel Production of Documents and

Confidential Portions of the Declaration of Mia Mazza in Support of Apple’s Motion to
Compel (“Mazza Declaration”); and

•

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Exhibits A, H, and J to the Mazza Declaration).
DECLARATION OF MELISSA N. CHAN

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I, Melissa N. Chan, do hereby declare as follows:

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1.

I am an associate at Quinn Emanuel Urquhart & Sullivan LLP, counsel for

14 Samsung. I submit this Declaration in support of Apple’s Administrative Motion to Seal Apple's
15 Motion to Compel (Dkt. No. 613). I have personal knowledge of the facts set forth in this
16 Declaration and, if called as a witness, could and would competently testify to them.
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2.

Exhibit A to the Mazza Declaration consists of a letter sent to counsel for Apple

18 from counsel for Samsung. This document contains confidential business information about
19 Samsung’s internal files and organization, confidential technical documents showing Samsung’s
20 business relationships and design strategy, and has been designated as HIGHLY
21 CONFIDENTIAL — ATTORNEYS’ EYES ONLY.
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3.

Exhibit H to the Mazza Declaration consists of a letter sent from counsel for to

23 counsel for Samsung discussing the contents of a document designated HIGHLY
24 CONFIDENTIAL — ATTORNEYS’ EYES ONLY. The document reflects the procedure and
25 results of confidential consumer research conducted by Samsung. This document contains
26 sensitive business information that could be used to Samsung's detriment if not filed under seal.
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4.

Exhibit J consists of excerpts from the deposition transcript of Tim Sheppard, a

28 Samsung witness. This document contains sensitive information about the manner in which
Case No. 11-cv-01846-LHK
-2DECLARATION OF MELISSA N. CHAN IN SUPPORT OF SEALING APPLE’S MOTION TO COMPEL

1 Samsung maintains its financial records, as well as Samsung's accounting practices. This
2 information that could be used to Samsung's detriment if not filed under seal, and Samsung has
3 accordingly designated this document as HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES
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5.

The confidential Mazza Declaration summarizes, describes and/or directly cites to

5 the confidential exhibits discussed in paragraphs 2 through 4 above. Therefore, the declaration
6 should remain under seal for the same reasons articulated above.
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6.

Apple’s Motion to Compel summarizes, describes and/or directly cites to the

8 confidential Mazza Declaration and the confidential exhibits discussed in paragraphs 2 through 4
9 above. Therefore, the motion should remain under seal for the same reasons articulated above.
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7.

The requested relief is necessary and narrowly tailored to protect this confidential

11 information. The exhibits described above do not contain significant relevant, non-confidential
12 material.
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I declare under penalty of perjury that the forgoing is true and correct to the best of my

16 knowledge.
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Executed this 19th day of January, 2012, in Palo Alto, CA.

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/s/ Melissa N. Chan
Melissa N. Chan

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Case No. 11-cv-01846-LHK
-3DECLARATION OF MELISSA N. CHAN IN SUPPORT OF SEALING APPLE’S MOTION TO COMPEL

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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 N. Chan has
4 concurred in this filing.
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/s/ Victoria Maroulis

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Case No. 11-cv-01846-LHK
-4DECLARATION OF MELISSA N. CHAN IN SUPPORT OF SEALING APPLE’S MOTION TO COMPEL