Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
656
Declaration of Cyndi Wheeler in Support of #643 Administrative Motion to File Under Seal Samsung's Opposition to Apple's Motion to Compel Discovery Relating to Its Affirmative Defenses and Counterclaims (Dkt No. 600) filed byApple Inc.. (Related document(s) #643 ) (Hung, Richard) (Filed on 1/24/2012)
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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 (PSG)
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 MOTION TO FILE UNDER SEAL
CASE NO. 11-cv-01846-LHK (PSG)
sf-3097224
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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. 643.] 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.
Exhibit 2 to the Declaration of Melissa N. Chan in Support of Samsung’s
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Opposition to Apple’s Motion to Compel Discovery Relating to Apple’s Affirmative Defenses
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and Counterclaims contains Apple-confidential material. (See Declaration of Melissa N. Chan in
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Support of Samsung’s Administrative Motion to File Under Seal Its Opposition to Apple’s
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Motion to Compel Relating to Affirmative Defenses/Counterclaims [Dkt. No. 643-1] ¶ 5.)
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Exhibit 2 was designated HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY under the
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interim protective order.
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3.
The above-referenced exhibit consists of 1) a letter from Apple’s counsel to
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Samsung’s counsel describing in detail Apple’s discovery document collection and processing
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procedures and 2) an attachment to that letter with references to internal Apple code names for its
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products and a number of search terms for internal Apple documents. The search terms were
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devised from confidential business, product development, and design information to collect
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responsive documents, many of which will themselves be confidential. These search terms are
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non-public and were revealed to Samsung’s counsel under a confidentiality designation in the
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interest of discovery transparency. This exhibit should be sealed in its entirety with the exception
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of the first page of the letter’s attachment listing document custodians. On that page, the
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numerical code names should be sealed.
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4.
It is Apple’s policy not to disclose or describe its confidential product
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development or business practices to third parties. The above information is confidential to
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Apple and reveals such product development and business practices. The discussion of document
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collection, processing and search terms reveals how Apple manages its business affairs with
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respect to litigation. Moreover, the search terms were devised from confidential business,
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product development and design information. Apple’s internal project code names reveal
DECLARATION OF CYNDI WHEELER ISO SAMSUNGS ADMINISTRATIVE MOTION TO FILE UNDER SEAL
CASE NO. 11-cv-01846-LHK (PSG)
sf-3097224
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information that Apple uses to maintain confidentiality with respect to its entire design and
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development process. If disclosed, the information in the materials described above could be
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used by Apple’s competitors to Apple’s disadvantage. The requested relief is necessary and
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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 24th day of January, 2012, at Cupertino, California.
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Dated: January 24, 2012
By: /s/ Cyndi Wheeler ___________
Cyndi Wheeler
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DECLARATION OF CYNDI WHEELER ISO SAMSUNGS ADMINISTRATIVE MOTION TO FILE UNDER SEAL
CASE NO. 11-cv-01846-LHK (PSG)
sf-3097224
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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 24, 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
CASE NO. 11-cv-01846-LHK (PSG)
sf-3097224
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