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

Filing 754

Administrative Motion to File Under Seal filed by Samsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Attachments: #1 Declaration of Hankil Kang In Support of Samsung's Administrative Motion to File Documents Under Seal, #2 Exhibit 1 to Kang Decl.: [REDACTED] Samsung's Motion for a Protective Order, #3 Exhibit 2 to Kang Decl.: [REDACTED] Samuel Lee Declaration ISO Samsung's Motion for Protective Order, #4 Exhibit 3 to Kang Decl.: [REDACTED] Gee Sung Choi Declaration ISO Samsung's Motion for Protective Order, #5 Exhibit 4 to Kang Decl.: [REDACTED] Jong Kyun Shin Declaration ISO Samsung's Motion for Protective Order, #6 Exhibit 5 to Kang Decl.: [REDACTED] WonPyo Hong Declaration ISO Samsung's Motion for Protective Order, #7 Exhibit 6 to Kang Decl.: [REDACTED] Heonbae Kim Declaration ISO Samsung's Motion for Protective Order, #8 Exhibit 7 to Kang Decl.: [REDACTED] Seunghwan Cho Declaration ISO Samsung's Motion for Protective Order, #9 Exhibit 8 to Kang Decl.: [REDACTED] Dong Jin Koh Declaration ISO Samsung's Motion for Protective Order, #10 Exhibit 9 to Kang Decl.: [REDACTED] Dale Sohn Declaration ISO Samsung's Motion for Protective Order, #11 Exhibit 10 to Kang Decl.: [REDACTED] Joseph Cheong Declaration ISO Samsung's Motion for Protective Order, #12 Declaration of Rachel Herrick Kassabian ISO Samsung's Motion for Protective Order, #13 Exhibit A to Kassabian Declaration, #14 Exhibit B to Kassabian Declaration, #15 Exhibit C to Kassabian Declaration, #16 Exhibit D to Kassabian Declaration, #17 Exhibit E to Kassabian Declaration, #18 Exhibit F to Kassabian Declaration, #19 Exhibit G to Kassabian Declaration, #20 Exhibit H to Kassabian Declaration, #21 Exhibit I to Kassabian Declaration, #22 Exhibit J to Kassabian Declaration, #23 Exhibit K to Kassabian Declaration, #24 Exhibit L to Kassabian Declaration, #25 Exhibit M to Kassabian Declaration, #26 Exhibit N to Kassabian Declaration, #27 Proposed Order Granting Samsung's Motion to File Documents Under Seal, #28 Proposed Order Granting Samsung's Motion for a Protective Order)(Maroulis, Victoria) (Filed on 2/23/2012)

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]
555 Twin Dolphin Drive, 5th 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 (PSG)



DECLARATION OF HANKIL KANG IN
SUPPORT OF SAMSUNG'S
ADMINISTRATIVE MOTION TO FILE
DOCUMENTS UNDER SEAL



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.



02198.51855/4617777.1

Case No. 11-cv-01846-LHK (PSG)
DECLARATION OF HANKIL KANG IN SUPPORT OF SAMSUNG'S
ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL

1

I, Hankil Kang, declare:

2

1.

I am Legal Counsel at Samsung Electronics Co., Ltd. (“SEC”). I submit this

3 declaration in support of Samsung’s Administrative Motion to File Documents Under Seal, filed
4 by SEC, Samsung Electronics America, Inc. (“SEA”) and Samsung Telecommunications
5 America, LLC (“STA”) (collectively, “Samsung”). I have personal knowledge of the facts set
6 forth in this declaration, except as otherwise noted, and, if called as a witness, could and would
7 testify to those facts under oath.
8

2.

The requested relief is necessary to protect the confidentiality of information

9 discussed in Samsung’s Motion for a Protective Order Precluding the Depositions of Ten High10 Ranking Samsung Executives (“Samsung’s Motion”), Exhibits A, B, and E-M to the Declaration
11 of Rachel Kassabian, the Declaration of Samuel Lee, and the declarations of the eight executives
12 submitted in support thereof. These documents contain highly confidential and commercially
13 sensitive business information, including confidential information about Samsung’s business
14 structure and the duties of its executives.
15
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Exhibits to the Declaration of Rachel Kassabian
3.

Exhibits A, B, and E to the Declaration of Rachel Kassabian are letters from

17 Samsung’s counsel to Apple’s counsel. They contain confidential information regarding the
18 structure of SEC and the duties of its highest executives.
19

4.

Exhibits F to K to the Declaration of Rachel Kassabian are transcripts from the

20 depositions of Samsung employees.
21

a.

Exhibit F is an excerpt from the transcript of Hangil Song. It contains

22 discussions of product design and development, as well as internal Samsung communications, and
23 should be sealed.
24

b.

Exhibit G is an excerpt from the transcript of Bo-Ra Kim. It contains

25 discussions of product design and development, as well as internal Samsung communications, and
26 should be sealed.
27
28
02198.51855/4617777.1

Case No. 11-cv-01846-LHK (PSG)
-1DECLARATION OF HANKIL KANG IN SUPPORT OF SAMSUNG'S
ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL

1

c.

Exhibit H is an excerpt from the transcript of Sun Young Yi. It contains

2 discussions of product design and development, as well as internal Samsung communications, and
3 should be sealed.
4

d.

Exhibit I is an excerpt from the transcript of Jinsoo Kim. It contains

5 discussions of product design and development, the business duties and role of Samsung
6 executives, and Samsung’s business organization, and should be sealed.
7

e.

Exhibit J is an excerpt from the transcript of Jungmin Yeo. It contains

8 discussions of product design and development, and should be sealed.
9

f.

Exhibit K is an excerpt from the transcript of Timothy Sheppard. It contains

10 discussions of the duties and actions of Samsung’s highest executives, as well as internal Samsung
11 communications, and should be sealed.
12

g.

Exhibit L is the declaration of Jaewan Chi, submitted before the ITC. As

13 discussed below, it should be sealed.
14

h.

Exhibit M is the declaration of Seungho Ahn, submitted before the ITC. As

15 discussed below, it should be sealed.
16

5.

Exhibits L and M are declarations of Samsung executives submitted before the

17 International Trade Commission. They contain confidential information about the business
18 structure of Samsung, as well as the duties of those executives.
19

6.

Deposition testimony regarding how Samsung designs its products, as well as

20 testimony regarding its functionality, is confidential to Samsung. It is Samsung’s policy not to
21 disclose its internal design or development process, or specific functionality, and such testimony
22 represent Samsung’s confidential business information. The deposition testimony, letters, and
23 declarations also contains highly confidential and commercially sensitive business information,
24 including confidential information about Samsung’s business structure and the duties of its
25 executives. If disclosed, this information could be used by Samsung’s competitors to Samsung’s
26 disadvantage.
27
28
02198.51855/4617777.1

Declarations of Samsung’s High-Ranking Executives
7.

Gee Sung Choi is the Vice Chairman and Chief Executive Officer of SEC. His
Case No. 11-cv-01846-LHK (PSG)
-2DECLARATION OF HANKIL KANG IN SUPPORT OF SAMSUNG'S
ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL

1 declaration contains nonpublic, confidential information about his daily duties and the structure
2 and management of SEC. A properly redacted version of this declaration is attached hereto as
3 Exhibit 3.
4

8.

Jong Kyun Shin is President of the Mobile Communications division of SEC. His

5 declaration contains nonpublic, confidential information about his daily duties and the structure
6 and management of SEC. A properly redacted version of this declaration is attached hereto as
7 Exhibit 4.
8

9.

Dale Sohn is President and Chief Executive Officer of STA. His declaration

9 contains nonpublic, confidential information about his daily duties and the structure and
10 management of STA. A properly redacted version of this declaration is attached hereto as Exhibit
11 9.
12

10.

Joseph Cheong is Chief Financial Officer of STA. His declaration contains

13 nonpublic, confidential information about his daily duties and the structure and management of
14 STA. A properly redacted version of this declaration is attached hereto as Exhibit 10.
15

11.

Seunghwan Cho is an Executive Vice President in the Mobile Communications

16 Business Unit (also known as the Wireless Business Unit) at SEC. His declaration contains
17 nonpublic, confidential information about his daily duties and the structure and management of
18 SEC. A properly redacted version of this declaration is attached hereto as Exhibit 7.
19

12.

WonPyo Hong is an Executive Vice President in the Mobile Communications

20 Business Unit of SEC. His declaration contains nonpublic, confidential information about his
21 daily duties and the structure and management of SEC. A properly redacted version of this
22 declaration is attached hereto as Exhibit 5.
23

13.

Heonbae Kim (also spelled HunBae Kim) is an Executive Vice President in the

24 Mobile Communications Business Unit of SEC. His declaration contains nonpublic, confidential
25 information about his daily duties and the structure and management of SEC. A properly redacted
26 version of this declaration is attached hereto as Exhibit 6.
27

14.

Dong Jin Koh is an Executive Vice President in the Mobile Communications

28 Business Unit of SEC. His declaration contains nonpublic, confidential information about his
02198.51855/4617777.1

Case No. 11-cv-01846-LHK (PSG)
-3DECLARATION OF HANKIL KANG IN SUPPORT OF SAMSUNG'S
ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL

1 daily duties and the structure and management of SEC. A properly redacted version of this
2 declaration is attached hereto as Exhibit 8.
3
4
5

Declaration of Samuel Lee
15.

Samuel Lee is Senior Legal Counsel for SEC. His declaration contains nonpublic,

6 confidential and detailed descriptions of Samsung’s business organization and structure, including
7 projects that particular designers and engineers worked on. A properly redacted version of this
8 declaration is attached hereto as Exhibit 2.
9
10

***
16.

Samsung’s Motion contains references to and discussions of all of the confidential

11 information listed above. It is Samsung’s policy not to disclose or describe its confidential
12 business affairs, practices, or structures. This information is confidential to Samsung. It is
13 indicative of the way that Samsung manages its business and conducts business strategy, and thus
14 it could be used by Samsung’s competitors to Samsung’s disadvantage. A properly redacted
15 version of the motion is attached hereto as Exhibit 1.
16

I declare under penalty of perjury under the laws of the United States of America that the

17 forgoing is true and correct to the best of my knowledge.
18

Executed on this 23rd day of February, 2012, in Seoul, Republic of Korea.

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_________________________________
Hankil Kang

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02198.51855/4617777.1

Case No. 11-cv-01846-LHK (PSG)
-4DECLARATION OF HANKIL KANG IN SUPPORT OF SAMSUNG'S
ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL

1
2

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 Hankil Kang has
4 concurred in this filing.
5

/s/ Victoria Maroulis

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02198.51855/4617777.1

Case No. 11-cv-01846-LHK (PSG)
-5DECLARATION OF HANKIL KANG IN SUPPORT OF SAMSUNG'S
ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL