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)

1
2
3
4
5
6
7
8
9

HAROLD J. MCELHINNY (CA SBN 66781)
[e-mail]
MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
JENNIFER LEE TAYLOR (CA SBN 161368)
[e-mail]
ALISON M. TUCHER (CA SBN 171363)
[e-mail]
RICHARD S.J. HUNG (CA SBN 197425)
[e-mail]
JASON R. BARTLETT (CA SBN 214530)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: [phone]

10
11
12

WILLIAM F. LEE
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Telephone: [phone]
Facsimile: [phone]
MARK D. SELWYN (SBN 244180)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]

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