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

Filing 712

STIPULATION WITH PROPOSED ORDER filed by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Attachments: #1 Declaration of Joby Martin In Support of Apple's Administrative Motion to File Documents Under Seal, #2 Proposed Order Granting Apple's Motion to File Documents Under Seal)(Maroulis, Victoria) (Filed on 2/3/2012)

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Bar No. 170151)
 [e-mail]
50 California Street, 22nd Floor
 San Francisco, California 94111
Telephone: [phone]
 Facsimile: [phone]
 Kevin P.B. Johnson (Bar No. 177129)
[e-mail]
 Victoria F. Maroulis (Bar No. 202603)
[e-mail]
th
 555 Twin Dolphin Drive, 5 Floor
Redwood Shores, California 94065-2139
 Telephone: [phone]
Facsimile: [phone]

Michael T. Zeller (Bar No. 196417)
 [e-mail]
865 S. Figueroa St., 10th Floor
 Los Angeles, California 90017
Telephone: [phone]
 Facsimile: [phone]
 Attorneys for SAMSUNG ELECTRONICS CO.,
LTD., SAMSUNG ELECTRONICS AMERICA,
 INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC



UNITED STATES DISTRICT COURT



NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION


 APPLE INC., a California corporation,

CASE NO. 11-cv-01846-LHK



DECLARATION OF JOBY MARTIN IN
SUPPORT OF SEALING APPLE’S
MOTION FOR PARTIAL SUMMARY
JUDGMENT AND EXHIBITS 24 AND 46 –
48 TO THE MUELLER DECLARATION
IN SUPPORT THEREOF, PURSUANT TO
LOCAL RULE 79-5(d)

Plaintiff,



vs.

 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,

Defendant.





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Case No. 11-cv-01846-LHK
DECLARATION OF JOBY MARTIN IN SUPPORT OF SEALING
APPLE‘S MOTION FOR PARTIAL SUMMARY JUDGMENT

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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 Joby Martin in support of Apple‘s Administrative
4 Motion to File Documents Under Seal (Dkt. No. 660), and to establish that the following are
5 sealable:
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•

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Confidential Portions of Apple‘s Notice of Motion and Motion for Partial Summary
Judgment (―Motion for Partial Summary Judgment‖); and

•

Exhibits 24 and 46 – 48 to the Declaration of Joseph J. Mueller in Support of Apple‘s
Motion for Partial Summary Judgment (―Mueller Declaration‖).

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DECLARATION OF JOBY MARTIN

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I, Joby Martin, do hereby declare as follows:

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1.

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

13 Samsung. I submit this Declaration in support of Apple‘s Administrative Motion to File
14 Documents Under Seal (Dkt. No. 660). I have personal knowledge of the facts set forth in this
15 Declaration and, if called as a witness, could and would competently testify to them.
16

2.

Exhibit 24 to the Mueller Declaration consists of excerpts from the deposition

17 transcription of Dr. Hyeon-Woo Lee, a Samsung witness and the inventor of the ‗604 Patent. This
18 document contains confidential business information concerning Dr. Lee‘s work leading to the
19 patent-in-suit, Samsung's internal organization and structure in handling patent applications, the
20 relationship between proprietary Samsung technology and 3GPP specifications, as well as
21 Samsung‘s internal policies and practices relating to its participation in standards bodies. This
22 document has been designated as HIGHLY CONFIDENTIAL — ATTORNEYS‘ EYES ONLY
23 and would cause substantial competitive harm to Samsung if not filed under seal.
24

3.

Exhibit 46 to the Mueller Declaration is a true and correct copy of the Patent Cross

25 License Agreement Between Samsung Electronics Co., Ltd., and Intel Corporation, with an
26 effective date of January 1, 1993. This document contains confidential business information
27 concerning internal valuations of intellectual property belonging to Samsung and Intel,
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Case No. 11-cv-01846-LHK
-2DECLARATION OF JOBY MARTIN IN SUPPORT OF SEALING
APPLE‘S MOTION FOR PARTIAL SUMMARY JUDGMENT

1 specifications of numerous Samsung and Intel technologies, and the parties' business practices
2 with respect to licensed products. This agreement is subject to a non-disclosure provision
3 whereby both parties agree to keep the terms of the agreement confidential. Accordingly, this
4 document has been designated as HIGHLY CONFIDENTIAL — ATTORNEYS‘ EYES ONLY
5 and would cause substantial harm to Samsung and to third party Intel Corporation if not filed
6 under seal.
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4.

Exhibit 47 to the Mueller Declaration is a true and correct copy of Amendment

8 Number 1 to the Patent Cross License Agreement Between Samsung Electronics Co., Ltd., and
9 Intel Corporation Having an Effective Date of January 1, 1993, with an Amendment Date of
10 March 18, 2003. As with the underlying license agreement, this amendment contains confidential
11 business information, including information about Samsung's policies relating to taxes, as well as
12 its financial and accounting systems. The amendment is subject to a non-disclosure provision
13 whereby both parties agree to keep the terms of the amended agreement confidential.
14 Accordingly, this document has been designated as HIGHLY CONFIDENTIAL —
15 ATTORNEYS‘ EYES ONLY and would cause substantial harm to Samsung and third party Intel
16 Corporation if not filed under seal.
17

5.

Exhibit 48 to the Mueller Declaration is a true and correct copy of Amendment

18 Number 2 to the Patent Cross License Agreement Between Samsung Electronics Co., Ltd., and
19 Intel Corporation Having an Effective Date of January 1, 1993, with an Effective Date of July 1,
20 2004. As with the underlying license agreement and amended agreement, this amendment
21 contains confidential business information, including information concerning the configuration of
22 Samsung Intel products and internal valuations of intellectual property belonging to Samsung and
23 Intel. The amendment is subject to a non-disclosure provision whereby both parties agree to keep
24 the terms of the amended agreement confidential. Accordingly, this document has been
25 designated as HIGHLY CONFIDENTIAL — ATTORNEYS‘ EYES ONLY and would cause
26 substantial harm to Samsung and third party Intel Corporation if not filed under seal.
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Case No. 11-cv-01846-LHK
-3DECLARATION OF JOBY MARTIN IN SUPPORT OF SEALING
APPLE‘S MOTION FOR PARTIAL SUMMARY JUDGMENT

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6.

Apple‘s Motion for Partial Summary Judgment, on pages 7, 10-11, and 16,

2 summarizes, describes and/or directly cites to the confidential exhibits discussed in paragraphs 2
3 through 5 above. Therefore, the motion should remain under seal for the same reasons articulated
4 above.
5

7.

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

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

9 knowledge.
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Executed this 2nd day of February, 2012, in San Francisco, CA.

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/s/ Joby Martin
Joby Martin

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Case No. 11-cv-01846-LHK
-4DECLARATION OF JOBY MARTIN IN SUPPORT OF SEALING
APPLE‘S MOTION FOR PARTIAL SUMMARY JUDGMENT

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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 Joby Martin has
4 concurred in this filing.
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/s/ Victoria Maroulis

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Case No. 11-cv-01846-LHK
-5DECLARATION OF JOBY MARTIN IN SUPPORT OF SEALING
APPLE‘S MOTION FOR PARTIAL SUMMARY JUDGMENT