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

Filing 709

Declaration of Cyndi Wheeler in Support of #667 Administrative Motion to File Under Seal re Samsung's Motion to Supplement Invalidity Contentions, #675 Administrative Motion to File Under Seal re Exhibit 4 to Briggs Declaration in Support of Samsung's Motion to Supplement Invalidity Contentions filed byApple Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Related document(s) #667 , #675 ) (Hung, Richard) (Filed on 2/2/2012)

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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]

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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.

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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 MOTIONS
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-3101471

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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 Motions to File Documents Under Seal filed on January 26 and 27,

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2012. [Dkt. Nos. 667 and 675.] Unless otherwise indicated, I have personal knowledge of the

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matters set forth below. If called as a witness I could and would testify competently as follows.

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2.

Samsung’s Motion to Supplement Invalidity Contentions (“Samsung’s Motion”),

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Exhibits O-Q and R to the Declaration of Alex Baxter in Support of Samsung’s Motion (“Baxter

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Declaraiton”), and Exhibit 4 to the Declaration of Todd Briggs in Support of Samsung’s Motion

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(“Briggs Declaration”) contain Apple-confidential material. (See Declaration of Bill Trac in

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Support of Samsung’s Administrative Motion to File Documents Under Seal [Dkt. No. 667-1]

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(“Trac Declaration”); Declaration of Alex Baxter in Support of Samsung’s Motion to File

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Documents Under Seal [Dkt. No. 675-1] (“Baxter Declaration ISO MtS”).) Specifically:

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Exhibit O to the Baxter Declaration consists of excerpts from the deposition of

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Apple inventor Imran Chaudhri. These excerpts include discussions of the

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timing of a meeting with attorneys and the timing of early ‘891 patent

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development, which reveals confidential information regarding Apple’s

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development process. A proposed redacted version is attached hereto as

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Exhibit 1.

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•

Exhibit P to the Baxter Declaration consists of excerpts from the deposition of

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Apple inventor Bas Ording. These excerpts discuss the timing of Ording’s

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initial work on the iPhone product, which reveals confidential information

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regarding Apple’s development process. A proposed redacted version is

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attached hereto as Exhibit 2.

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•

Exhibit Q to the Baxter Declaration consists of excerpts from the deposition of

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Apple inventor Steven Christensen. These excerpts discuss specific details of

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the development of Apple products as well as confidential licensing

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discussions. A proposed redacted version is attached hereto as Exhibit 3.

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DECLARATION OF CYNDI WHEELER ISO SAMSUNGS ADMINISTRATIVE MOTIONS TO FILE UNDER SEAL
CASE NO. 11-cv-01846-LHK
sf-3101471

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Exhibit R to the Baxter Declaration consists of excerpts from the deposition of

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a nonparty, Richard Woolley. These excerpts contain references to

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confidential licensing discussions and terms. On information and belief, as

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stated in the Trac Declaration, Exhibits R, T, U, and V to the Baxter

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Declaration also contain confidential information regarding the nonparty

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Cirque Corporation. For both of the above reasons, Exhibits R, T, U, and V

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should be sealed in their entirety.
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Exhibit W to the Baxter Declaration consists of an excerpt from Apple’s

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Objections and Responses to Samsung’s First Set of Interrogatories. It

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contains the timing of initial work on a number of Apple’s products and

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patents, specific information on Apple’s intellectual property enforcement

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strategies and positions, licensing information, and confidential information

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regarding Apple’s advertising strategy and spend. A proposed redacted

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version is attached hereto as Exhibit 4.
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Samsung’s Motion contains discussion of the aforementioned exhibits and
should be sealed to the extent it refers to them.

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Exhibit 4 to the Briggs Declaration consists of a proposed Invalidity

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Contention for the ‘891 patent and contains Apple’s source code. Apple’s

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source code is trade secret and highly confidential. A proposed redacted

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version was attached by Samsung to the Baxter Declaration ISO MtS.

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3.

It is Apple’s policy not to disclose or describe its trade secrets, product

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development, or business practices to third parties. The above information is confidential to

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Apple. It is indicative of the way that Apple manages its business affairs, designs its products and

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conducts product development. Apple’s source code is highly confidential trade secret

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information. If disclosed, the information in the materials described above could be used by

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Apple’s competitors to Apple’s disadvantage. The requested relief is necessary and narrowly

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tailored to protect the confidentiality of this information.

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DECLARATION OF CYNDI WHEELER ISO SAMSUNGS ADMINISTRATIVE MOTIONS TO FILE UNDER SEAL
CASE NO. 11-cv-01846-LHK
sf-3101471

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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 2nd day of February, 2012, at Cupertino, California.

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Dated: February 2, 2012

By: /s/ Cyndi Wheeler ___________
Cyndi Wheeler

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DECLARATION OF CYNDI WHEELER ISO SAMSUNGS ADMINISTRATIVE MOTIONS TO FILE UNDER SEAL
CASE NO. 11-cv-01846-LHK
sf-3101471

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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: February 2, 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 MOTIONS TO FILE UNDER SEAL
CASE NO. 11-cv-01846-LHK
sf-3101471

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