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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1 2 3 4 5 6 7 8 9 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 10 11 12 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. 13 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 SAN JOSE DIVISION 17 18 APPLE INC., a California corporation, 19 20 21 22 23 24 25 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. 26 27 28 DECLARATION OF CYNDI WHEELER ISO SAMSUNG’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL CASE NO. 11-cv-01846-LHK (PSG) sf-3097224 1 I, Cyndi Wheeler, do hereby declare as follows: 2 1. I am an attorney for Apple Inc. (“Apple”). I submit this declaration in support of 3 Samsung’s Administrative Motion to File Documents Under Seal. [Dkt. No. 643.] Unless 4 otherwise indicated, I have personal knowledge of the matters set forth below. If called as a 5 witness I could and would testify competently as follows. 6 2. Exhibit 2 to the Declaration of Melissa N. Chan in Support of Samsung’s 7 Opposition to Apple’s Motion to Compel Discovery Relating to Apple’s Affirmative Defenses 8 and Counterclaims contains Apple-confidential material. (See Declaration of Melissa N. Chan in 9 Support of Samsung’s Administrative Motion to File Under Seal Its Opposition to Apple’s 10 Motion to Compel Relating to Affirmative Defenses/Counterclaims [Dkt. No. 643-1] ¶ 5.) 11 Exhibit 2 was designated HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY under the 12 interim protective order. 13 3. The above-referenced exhibit consists of 1) a letter from Apple’s counsel to 14 Samsung’s counsel describing in detail Apple’s discovery document collection and processing 15 procedures and 2) an attachment to that letter with references to internal Apple code names for its 16 products and a number of search terms for internal Apple documents. The search terms were 17 devised from confidential business, product development, and design information to collect 18 responsive documents, many of which will themselves be confidential. These search terms are 19 non-public and were revealed to Samsung’s counsel under a confidentiality designation in the 20 interest of discovery transparency. This exhibit should be sealed in its entirety with the exception 21 of the first page of the letter’s attachment listing document custodians. On that page, the 22 numerical code names should be sealed. 23 4. It is Apple’s policy not to disclose or describe its confidential product 24 development or business practices to third parties. The above information is confidential to 25 Apple and reveals such product development and business practices. The discussion of document 26 collection, processing and search terms reveals how Apple manages its business affairs with 27 respect to litigation. Moreover, the search terms were devised from confidential business, 28 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 1 1 information that Apple uses to maintain confidentiality with respect to its entire design and 2 development process. If disclosed, the information in the materials described above could be 3 used by Apple’s competitors to Apple’s disadvantage. The requested relief is necessary and 4 narrowly tailored to protect the confidentiality of this information. 5 I declare under the penalty of perjury under the laws of the United States of America that 6 the forgoing is true and correct to the best of my knowledge and that this Declaration was 7 executed this 24th day of January, 2012, at Cupertino, California. 8 9 Dated: January 24, 2012 By: /s/ Cyndi Wheeler ___________ Cyndi Wheeler 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF CYNDI WHEELER ISO SAMSUNGS ADMINISTRATIVE MOTION TO FILE UNDER SEAL CASE NO. 11-cv-01846-LHK (PSG) sf-3097224 2 1 ATTESTATION OF E-FILED SIGNATURE 2 I, Richard S.J. Hung, 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 Cyndi Wheeler has 4 concurred in this filing. 5 Dated: January 24, 2012 6 By: /s/ Richard S.J. Hung Richard S.J. Hung 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF CYNDI WHEELER ISO SAMSUNGS ADMINISTRATIVE MOTION TO FILE UNDER SEAL CASE NO. 11-cv-01846-LHK (PSG) sf-3097224 3

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