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

Filing 718

Declaration of Cyndi Wheeler in Support of #707 Administrative Motion to File Under Seal Samsung's Unopposed Motion for Issuance of a Request for Judicial Assistance and related exhibits filed byApple Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Related document(s) #707 ) (Hung, Richard) (Filed on 2/9/2012)

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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 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
sf-3104198

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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 Motion to File Documents Under Seal filed on February 2, 2012. [Dkt. No. 707.]

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Unless otherwise indicated, I have personal knowledge of the matters set forth below. If called as

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a witness I could and would testify competently as follows.

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2.

Samsung’s Unopposed Motion for Issuance of a Request for Judicial Assistance

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(“Samsung’s Motion”) and Exhibits 1-6 of the Declaration of Sam Stake in Support of Samsung’s

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Motion contain Apple-confidential material. (See Declaration of Sam Stake in Support of

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Samsung’s Administrative Motion to File Documents Under Seal [Dkt. No. 707-1].) Specifically:

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•

Exhibit 1 consists of excerpts from the deposition of Joshua Strickon. Page

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191 and lines 192:1-10 contain discussions of notes from an early development

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meeting involving prototypes and design decisions, and should be sealed. A

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proposed redacted version is attached as Exhibit A.

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•

Exhibit 2 consists of excerpts from the deposition of Brian Huppi. Pages 129-

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132 contain discussions of early product development, including initial

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mockups and prototypes, and should be sealed. A proposed redacted version is

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attached as Exhibit B.

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•

Exhibits 3 and 4 are an early design document and an email, respectively, each

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of which consists of a discussion of an early project and prototype that were in

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development. The project and prototype discussed are highly confidential, and

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the documents should be sealed in their entirety.

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•

Exhibit 5 consists of excerpts from the deposition of Christopher Stringer.

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Pages 105-107 consist of a discussion of the confidential early development

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project and prototype referenced above and should be sealed. A proposed

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redacted version is attached as Exhibit C.

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•

Exhibit 6 consists of excerpts from the deposition of Eugene Whang. Lines
47:3-6 and 47:10-12 refer to the confidential code name for the project

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DECLARATION OF CYNDI WHEELER ISO SAMSUNGS ADMINISTRATIVE MOTION TO FILE UNDER SEAL
CASE NO. 11-cv-01846-LHK
sf-3104198

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referenced above and should be sealed. A proposed redacted version is

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attached as Exhibit D.
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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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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 internal project code names reveal information that

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Apple uses to maintain confidentiality with respect to its entire design and development process.

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If disclosed, the information in the materials described above could be used by Apple’s

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

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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 9th day of February, 2012, at Cupertino, California.

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Dated: February 9, 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
sf-3104198

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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 9, 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
sf-3104198

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