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

Filing 737

Administrative Motion to File Under Seal filed by Apple Inc.. (Attachments: #1 Declaration Cyndi Wheeler Declaration, #2 Declaration S. Calvin Walden Declaration, #3 Exhibit 1, #4 Exhibit 11, #5 Exhibit 12, #6 Exhibit 13, #7 Exhibit 14, #8 Exhibit 15, #9 Exhibit 16, #10 Exhibit 17, #11 Exhibit 18, #12 Exhibit 19, #13 Exhibit 20, #14 Proposed Order)(Jacobs, Michael) (Filed on 2/16/2012)

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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,
Plaintiff,

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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
APPLE’S ADMINISTRATIVE
MOTION TO FILE DOCUMENTS
UNDER SEAL

Defendants.

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WHEELER DECL. ISO APPLE’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
CASE NO. 11-CV-01846-LHK (PSG)
sf-3108015

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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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Apple’s Administrative Motion to File Documents Under Seal (“Administrative Motion”). I have

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personal knowledge of the matters set forth below. If called as a witness I could and would

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testify competently as follows.

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2.

Apple’s Motion to Compel Depositions of 14 of Samsung’s Purported “Apex”

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Witnesses (“Motion to Compel”) and certain exhibits to the Declaration of S. Calvin Walden in

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Support of Apple’s Motion to Compel Depositions of 14 of Samsung’s Purported “Apex”

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Witnesses (“Walden Declaration”) contain Apple-confidential information. Specifically:

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a. Apple’s Motion to Compel contains information regarding communications about

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license negotiations between Apple and Samsung. This information is not publicly

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available and could be used by Apple’s competitors to its disadvantage.

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b. Exhibits 7 through 10 to the Walden Declaration contain communications about

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license negotiations between Apple and Samsung. This information is not publicly

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available and could be used by Apple’s competitors to its disadvantage.

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3.

It is Apple’s policy not to disclose or describe information regarding negotiation of

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its license agreements. The above information is confidential to Apple. If disclosed, the

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information in the materials described above could be used by Apple’s competitors to Apple’s

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disadvantage.

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4.

The relief requested in Apple’s Administrative Motion is necessary and narrowly

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tailored to protect confidential information, focusing only on specific exhibits and specific

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portions of the briefs at issue.

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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 15th day of February, 2012, at Cupertino, California.

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__/s/ Cyndi Wheeler____________________
Cyndi Wheeler
WHEELER DECL. ISO APPLE’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
CASE NO. 11-CV-01846-LHK (PSG)
sf-3108015

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ATTESTATION OF E-FILED SIGNATURE

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I, Michael A. Jacobs, 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 16, 2012

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/s/ Michael A. Jacobs
Michael A. Jacobs

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WHEELER DECL. ISO APPLE’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
CASE NO. 11-CV-01846-LHK (PSG)
sf-3108015

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