Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
767
Declaration of Cyndi Wheeler in Support of #758 Administrative Motion to File Under Seal filed byApple Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Related document(s) #758 ) (Hung, Richard) (Filed on 3/5/2012)
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HAROLD J. MCELHINNY (CA SBN 66781)
hmcelhinny@mofo.com
MICHAEL A. JACOBS (CA SBN 111664)
mjacobs@mofo.com
JENNIFER LEE TAYLOR (CA SBN 161368)
jtaylor@mofo.com
ALISON M. TUCHER (CA SBN 171363)
atucher@mofo.com
RICHARD S.J. HUNG (CA SBN 197425)
rhung@mofo.com
JASON R. BARTLETT (CA SBN 214530)
jasonbartlett@mofo.com
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: (415) 268-7000
Facsimile: (415) 268-7522
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WILLIAM F. LEE
william.lee@wilmerhale.com
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Telephone: (617) 526-6000
Facsimile: (617) 526-5000
MARK D. SELWYN (SBN 244180)
mark.selwyn@wilmerhale.com
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, California 94304
Telephone: (650) 858-6000
Facsimile: (650) 858-6100
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 MOTIONS TO FILE UNDER SEAL
CASE NO. 11-cv-01846-LHK
sf-3114669
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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 Administrative Motion to File Documents Under Seal. [Dkt. No. 758.] Unless
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otherwise indicated, I have personal knowledge of the matters set forth below. If called as a
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witness I could and would testify competently as follows.
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2.
Samsung’s Opposition to Apple’s Motion for Sanctions (“Samsung’s
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Oppositions”), the Declaration of Sara Jenkins in Support of Samsung’s Opposition (“Jenkins
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Decl.”), and exhibits attached to the Jenkins Decl. contain Apple-confidential material. (See
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Declaration of Melissa Chan in Support of Samsung’s Administrative Motion to File Documents
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Under Seal [Dkt. No. 758-1]) (“Chan Declaration.”) Specifically:
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Exhibit A to the Jenkins Decl. consists of a letter that contains references to
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confidential licensing discussions and relationships. A proposed redacted
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version is attached hereto as Exhibit 1.
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Exhibit H to the Jenkins Decl. consists of an internal Apple e-mail discussion
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between high-level Apple executives forwarding a third-party article for
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discussion. The identities of Apple executives who chose to forward certain
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pieces of material for discussion and their e-mail addresses are confidential.
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This information reveals Apple’s strategic discussions at the highest levels and
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contact information for the highest Apple personnel. A proposed redacted
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version is attached hereto as Exhibit 2.
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Exhibits I-N to the Jenkins Decl. consist of a declaration excerpt, internal
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documents, and an email, all of which pertain to business strategy and how
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Apple approaches and analyzes its competition. These documents should be
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sealed in their entirety.
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Samsung’s Opposition and the Jenkins Decl. should be filed under seal to the
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extent they refer to the above-referenced confidential information.
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3.
Apple does not maintain a claim of confidentiality on Exhibit D to the Jenkins
Decl.
DECLARATION OF CYNDI WHEELER ISO SAMSUNG’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL
CASE NO. 11-cv-01846-LHK
sf-3114669
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4.
It is Apple’s policy not to disclose or describe its confidential trade secrets or
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business practices to third parties. The above information is confidential to Apple. It is
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indicative of the way that Apple manages its business affairs. If disclosed, the information in the
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materials described above could be used by Apple’s competitors to Apple’s disadvantage. The
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requested relief is necessary and narrowly tailored to protect the confidentiality of this
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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 5th day of March, 2012, at Cupertino, California.
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Dated: March 5, 2012
By: /s/ Cyndi Wheeler ___________
Cyndi Wheeler
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DECLARATION OF CYNDI WHEELER ISO SAMSUNG’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL
CASE NO. 11-cv-01846-LHK
sf-3114669
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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: March 5, 2012
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By:
/s/ Richard S.J. Hung
Richard S.J. Hung
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DECLARATION OF CYNDI WHEELER ISO SAMSUNG’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL
CASE NO. 11-cv-01846-LHK
sf-3114669
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