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

Filing 739

Declaration of Melissa N. Chan in Support of #715 Administrative Motion to File Under Seal Apple's Administration to File Documents Under Seal filed bySamsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Related document(s) #715 ) (Maroulis, Victoria) (Filed on 2/16/2012)

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Bar No. 170151)
2 [e-mail]
50 California Street, 22nd Floor
3 San Francisco, California 94111
Telephone: [phone]
4 Facsimile: [phone]
5 Kevin P.B. Johnson (Bar No. 177129)
[e-mail]
6 Victoria F. Maroulis (Bar No. 202603)
[e-mail]
555 Twin Dolphin Drive, 5th Floor
7
Redwood Shores, California 94065-2139
8 Telephone: [phone]
Facsimile: [phone]
9
Michael T. Zeller (Bar No. 196417)
10 [e-mail]
865 S. Figueroa St., 10th Floor
11 Los Angeles, California 90017
Telephone: [phone]
12 Facsimile: [phone]
13 Attorneys for SAMSUNG ELECTRONICS CO.,
LTD., SAMSUNG ELECTRONICS AMERICA,
14 INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC
15
16

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

18
19 APPLE INC., a California corporation,

CASE NO. 11-cv-01846-LHK

20

DECLARATION OF MELISSA N. CHAN
IN SUPPORT OF SEALING APPLE’S
MOTION FOR RULE 37(B)(2)
SANCTIONS; THE DECLARATION OF
MINN CHUNG AND EXHIBITS A-S, U,
W, X AND BB; AND PROPOSED ORDER,
PURSUANT TO LOCAL RULE 79-5(d)

21

Plaintiff,
vs.

22 SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity; SAMSUNG
23 ELECTRONICS AMERICA, INC., a New
York corporation; SAMSUNG
24 TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,
25
Defendant.
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27
28
02198.51855/4603571.1

Case No. 11-cv-01846-LHK
DECLARATION OF MELISSA N. CHAN

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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 Melissa N. Chan in support of Apple’s
4 Administrative Motion to Seal Apple’s Motion for Rule 37(b)(2) Sanctions (Dkt. No. 715), to
5 establish that the following are sealable:
6

•

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Confidential Portions of Apple’s Motion for Rule 37(b)(2) Sanctions for Samsung’s
Violation of Two Discovery Orders (“Motion for Sanctions”);

•

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Confidential Portions of the Declaration of Minn Chung in Support of Apple’s Motion
for Sanctions (“Chung Declaration”);

10

•

Exhibits A-S, U, W, X and BB to the Chung Declaration; and

11

•

Proposed Order Granting Apple Inc.’s Motion For Rule 37(B)(2) Sanctions For

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Samsung’s Violation Of Two Discovery Orders.

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DECLARATION OF MELISSA N. CHAN

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I, Melissa N. Chan, do hereby declare as follows:

15

1.

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

16 Samsung. I submit this Declaration in support of Apple’s Administrative Motion to Seal Apple’s
17 Motion for Sanctions (Dkt. No. 715). I have personal knowledge of the facts set forth in this
18 Declaration and, if called as a witness, could and would competently testify to them.
19

2.

Exhibit A to the Chung Declaration consists of Samsung’s Response and

20 Objections to Apple’s Interrogatories to Defendants Relating to Apple’s Motion for a Preliminary
21 Injunction (No. 1). This document contains confidential business information about Samsung’s
22 development and design of Samsung products, Samsung’s custodians and Samsung’s business
23 organization, and was designated CONFIDENTIAL under the protective order; the version
24 attached to the Chung Declaration was replaced by a version with the proper confidentiality
25 designation. This document contains sensitive business information that could be used to
26 Samsung’s detriment if not filed under seal.
27

3.

Exhibit B to the Chung Declaration consists of Samsung’s Response and

28 Objections to Apple’s Interrogatories to Defendants Relating to Apple’s Motion for a Preliminary
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Case No. 11-cv-01846-LHK
DECLARATION OF MELISSA N. CHAN

1 Injunction – Set Two (Nos. 10-14). This document contains confidential business information
2 about Samsung’s custodians and business organization, and was designated CONFIDENTIAL
3 under the protective order; the version attached to the Chung Declaration was replaced by a
4 version with the proper confidentiality designation. This document contains sensitive business
5 information that could be used to Samsung’s detriment if not filed under seal.
6

4.

Exhibit C to the Chung Declaration consists of a chart representing Samsung’s

7 Production of Documents from Custodial Files of Samsung Designers as of 1/24/2010. This
8 document contains confidential business information about Samsung’s custodians and business
9 organization, as well as the content of Samsung’s documents. This document contains
10 confidential and sensitive business information that could be used to Samsung’s detriment if not
11 filed under seal.
12

5.

Exhibit D to the Chung Declaration consists of a Korean-language Samsung

13 document and what Apple has certified to be the accurate English translation of the document.
14 This document contains confidential business information about Samsung’s development and
15 design of Samsung products, Samsung’s custodians and Samsung’s business organization, and has
16 been designated HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY. This document
17 contains sensitive business information that could be used to Samsung’s detriment if not filed
18 under seal.
19

6.

Exhibit E to the Chung Declaration consists of a Korean-language Samsung

20 document and what Apple has certified to be the accurate English translation of the document.
21 This document contains confidential business information about Samsung’s development and
22 design of Samsung products, Samsung’s custodians and Samsung’s business organization, and has
23 been designated HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY. This document
24 contains sensitive business information that could be used to Samsung’s detriment if not filed
25 under seal.
26

7.

Exhibit F to the Chung Declaration consists of a Samsung document that contains

27 confidential business information about Samsung’s development and design of Samsung products
28 and comparative analysis and research of the competitive market, and has been designated
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Case No. 11-cv-01846-LHK
DECLARATION OF MELISSA N. CHAN

1 HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY. This document contains sensitive
2 business information that could be used to Samsung’s detriment if not filed under seal.
3

8.

Exhibit G to the Chung Declaration consists of a Korean-language email and what

4 Apple has certified to be the accurate English translation of the email. This document contains
5 confidential business information about Samsung’s development and design of Samsung products
6 and comparative analysis and research of the competitive market, and has been designated
7 HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY. This document contains sensitive
8 business information that could be used to Samsung’s detriment if not filed under seal.
9

9.

Exhibit H to the Chung Declaration consists of a Korean-language email and what

10 Apple has certified to be the accurate English translation of the email. This document contains
11 confidential business information about Samsung’s development and design of Samsung products
12 and comparative analysis and research of the competitive market, and has been designated
13 HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY. This document contains sensitive
14 business information that could be used to Samsung’s detriment if not filed under seal.
15

10.

Exhibit I to the Chung Declaration consists of a Korean-language email and what

16 Apple has certified to be the accurate English translation of the email. This document contains
17 confidential business information about Samsung’s development and design of Samsung products
18 and comparative analysis and research of the competitive market, and has been designated
19 HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY. This document contains sensitive
20 business information that could be used to Samsung’s detriment if not filed under seal.
21

11.

Exhibit J to the Chung Declaration consists of a Korean-language Samsung

22 document and what Apple has certified to be the accurate English translation of the document.
23 This document contains confidential business information about Samsung’s development and
24 design of Samsung products, comparative analysis of the competitive market and confidential
25 consumer research conducted by Samsung, and has been designated HIGHLY CONFIDENTIAL
26 – ATTORNEYS’ EYES ONLY. This document contains sensitive business information that
27 could be used to Samsung’s detriment if not filed under seal.
28
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Case No. 11-cv-01846-LHK
DECLARATION OF MELISSA N. CHAN

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12.

Exhibit K to the Chung Declaration consists of a Samsung document that contains

2 confidential business information about Samsung’s development and design of Samsung products,
3 comparative analysis of the competitive market and confidential consumer research conducted by
4 Samsung, and has been designated HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.
5 This document contains sensitive business information that could be used to Samsung’s detriment
6 if not filed under seal.
7

13.

Exhibit L to the Chung Declaration consists of a Korean-language Samsung

8 document and what Apple has certified to be the accurate English translation of the document.
9 This document contains confidential business information about Samsung’s development and
10 design of Samsung products, comparative analysis of the competitive market and confidential
11 consumer research conducted by Samsung, and has been designated HIGHLY CONFIDENTIAL
12 – ATTORNEYS’ EYES ONLY. This document contains sensitive business information that
13 could be used to Samsung’s detriment if not filed under seal.
14

14.

Exhibit M to the Chung Declaration consists of a letter sent from counsel for Apple

15 to counsel for Samsung discussing the procedures and custodians for document searches related to
16 the litigation. This document contains confidential business information about Samsung’s
17 custodians and business organization, and information relating to Samsung’s documents that have
18 been designated HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY. This document
19 contains sensitive business information that could be used to Samsung’s detriment if not filed
20 under seal.
21

15.

Exhibit N to the Chung Declaration consists of a chart entitled, “Surveys from

22 Samsung Survey Custodians Mentioning Apple or Apple Products.” This document contains
23 confidential business information about Samsung’s custodians and business organization, as well
24 as the content of Samsung’s documents. This document contains confidential and sensitive
25 business information that could be used to Samsung’s detriment if not filed under seal.
26

16.

Exhibit O to the Chung Declaration consists of a Samsung document that contains

27 confidential business information about Samsung’s development and design of Samsung products,
28 comparative analysis of the competitive market and confidential consumer research conducted by
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Case No. 11-cv-01846-LHK
DECLARATION OF MELISSA N. CHAN

1 Samsung, and has been designated HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.
2 This document contains sensitive business information that could be used to Samsung’s detriment
3 if not filed under seal.
4

17.

Exhibit P to the Chung Declaration consists of a Samsung document that contains

5 confidential business information about Samsung’s development and design of Samsung products,
6 comparative analysis of the competitive market and confidential consumer research conducted by
7 Samsung, and has been designated HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.
8 This document contains sensitive business information that could be used to Samsung’s detriment
9 if not filed under seal.
10

18.

Exhibit Q to the Chung Declaration consists of a Samsung document that contains

11 confidential business information about Samsung’s development and design of Samsung products,
12 comparative analysis of the competitive market and confidential consumer research conducted by
13 Samsung, and has been designated HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.
14 This document contains sensitive business information that could be used to Samsung’s detriment
15 if not filed under seal.
16

19.

Exhibit R to the Chung Declaration consists of a document entitled “Apple v.

17 Samsung – Description of Designer Custodian Documents.” This document contains confidential
18 business information about Samsung’s custodians and business organization, and otherwise
19 describes Samsung documents that have been designated HIGHLY CONFIDENTIAL –
20 ATTORNEYS’ EYES ONLY. This document contains sensitive business information that could
21 be used to Samsung’s detriment if not filed under seal.
22

20.

Exhibit S to the Chung Declaration consists of a document entitled “Apple v.

23 Samsung – Description of Survey Documents.” This document contains confidential business
24 information about Samsung’s custodians and business organization, and otherwise describes
25 Samsung documents that have been designated HIGHLY CONFIDENTIAL – ATTORNEYS’
26 EYES ONLY. This document contains sensitive business information that could be used to
27 Samsung’s detriment if not filed under seal.
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Case No. 11-cv-01846-LHK
DECLARATION OF MELISSA N. CHAN

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21.

Exhibit U to the Chung Declaration consists of Samsung’s Amended Identification

2 of Custodians, Litigation Hold Notices and Search Terms. This document contains confidential
3 business information about Samsung’s development and design of Samsung products, Samsung’s
4 custodians and Samsung’s business organization, and has been designated HIGHLY
5 CONFIDENTIAL – ATTORNEYS’ EYES ONLY. This document contains sensitive business
6 information that could be used to Samsung’s detriment if not filed under seal.
7

22.

Exhibit W to the Chung Declaration consists of a letter sent from counsel for Apple

8 to counsel for Samsung discussing the procedures and custodians for document searches related to
9 the litigation. This document contains confidential business information about Samsung’s
10 custodians and business organization, and otherwise describes Samsung documents that have been
11 designated HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY. This document contains
12 sensitive business information that could be used to Samsung’s detriment if not filed under seal.
13

23.

Exhibit X to the Chung Declaration consists of a letter sent from counsel for

14 Samsung to counsel for Apple discussing the procedures and custodians for document searches
15 related to the litigation. This document contains confidential business information about
16 Samsung’s custodians and business organization, which could be used to Samsung’s detriment if
17 not filed under seal.
18

24.

Exhibit BB to the Chung Declaration consists of excerpts from the deposition

19 transcript of Justin Denison, a Samsung witness. This deposition contains confidential business
20 information regarding the design of Samsung’s products and has been designated as HIGHLY
21 CONFIDENTIAL — ATTORNEYS’ EYES ONLY. This document contains sensitive business
22 information that could be used to Samsung’s detriment if not filed under seal.
23

25.

The confidential Chung Declaration summarizes, describes and/or directly cites to

24 the confidential exhibits discussed in paragraphs 2 through 24 above. Therefore, the declaration
25 should remain under seal for the same reasons articulated above.
26

26.

Apple’s Motion for Sanctions summarizes, describes and/or directly cites to the

27 confidential Chung Declaration and the confidential exhibits discussed in paragraphs 2 through 24
28 above. Therefore, the motion should remain under seal for the same reasons articulated above.
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Case No. 11-cv-01846-LHK
DECLARATION OF MELISSA N. CHAN

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27.

The confidential portions of the Proposed Order describe and/or directly cite to

2 some of the confidential material discussed in paragraphs 2 through 24 above. Therefore, the
3 proposed order should remain under seal for the same reasons articulated above.
4

28.

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

5 information. The exhibits described above do not contain significant relevant, non-confidential
6 material.
7

I declare under penalty of perjury that the forgoing is true and correct to the best of my

8 knowledge.
9

Executed this 16th day of February, 2012, in Palo Alto, CA.

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/s/ Melissa N. Chan
Melissa N. Chan

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Case No. 11-cv-01846-LHK
DECLARATION OF MELISSA N. CHAN

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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 Melissa N. Chan has
4 concurred in this filing.
5

/s/ Victoria Maroulis

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Case No. 11-cv-01846-LHK
DECLARATION OF MELISSA N. CHAN