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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1 2 3 4 5 6 7 8 9 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 10 11 12 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. 13 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 SAN JOSE DIVISION 17 18 APPLE INC., a California corporation, 19 20 21 22 23 24 25 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. 26 27 28 DECLARATION OF CYNDI WHEELER ISO SAMSUNG’S ADMINISTRATIVE MOTIONS TO FILE UNDER SEAL CASE NO. 11-cv-01846-LHK sf-3114669 1 I, Cyndi Wheeler, do hereby declare as follows: 2 1. I am an attorney for Apple Inc. (“Apple”). I submit this declaration in support of 3 Samsung’s Administrative Motion to File Documents Under Seal. [Dkt. No. 758.] Unless 4 otherwise indicated, I have personal knowledge of the matters set forth below. If called as a 5 witness I could and would testify competently as follows. 6 2. Samsung’s Opposition to Apple’s Motion for Sanctions (“Samsung’s 7 Oppositions”), the Declaration of Sara Jenkins in Support of Samsung’s Opposition (“Jenkins 8 Decl.”), and exhibits attached to the Jenkins Decl. contain Apple-confidential material. (See 9 Declaration of Melissa Chan in Support of Samsung’s Administrative Motion to File Documents 10 Under Seal [Dkt. No. 758-1]) (“Chan Declaration.”) Specifically: 11 Exhibit A to the Jenkins Decl. consists of a letter that contains references to 12 confidential licensing discussions and relationships. A proposed redacted 13 version is attached hereto as Exhibit 1. 14 Exhibit H to the Jenkins Decl. consists of an internal Apple e-mail discussion 15 between high-level Apple executives forwarding a third-party article for 16 discussion. The identities of Apple executives who chose to forward certain 17 pieces of material for discussion and their e-mail addresses are confidential. 18 This information reveals Apple’s strategic discussions at the highest levels and 19 contact information for the highest Apple personnel. A proposed redacted 20 version is attached hereto as Exhibit 2. 21 Exhibits I-N to the Jenkins Decl. consist of a declaration excerpt, internal 22 documents, and an email, all of which pertain to business strategy and how 23 Apple approaches and analyzes its competition. These documents should be 24 sealed in their entirety. 25 Samsung’s Opposition and the Jenkins Decl. should be filed under seal to the 26 extent they refer to the above-referenced confidential information. 27 28 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 1 1 4. It is Apple’s policy not to disclose or describe its confidential trade secrets or 2 business practices to third parties. The above information is confidential to Apple. It is 3 indicative of the way that Apple manages its business affairs. If disclosed, the information in the 4 materials described above could be used by Apple’s competitors to Apple’s disadvantage. The 5 requested relief is necessary and narrowly tailored to protect the confidentiality of this 6 information. 7 I declare under the penalty of perjury under the laws of the United States of America that 8 the forgoing is true and correct to the best of my knowledge and that this Declaration was 9 executed this 5th day of March, 2012, at Cupertino, California. 10 11 Dated: March 5, 2012 By: /s/ Cyndi Wheeler ___________ Cyndi Wheeler 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF CYNDI WHEELER ISO SAMSUNG’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL CASE NO. 11-cv-01846-LHK sf-3114669 2 1 ATTESTATION OF E-FILED SIGNATURE 2 I, Richard S.J. Hung, 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 Cyndi Wheeler has 4 concurred in this filing. 5 Dated: March 5, 2012 6 By: /s/ Richard S.J. Hung Richard S.J. Hung 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF CYNDI WHEELER ISO SAMSUNG’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL CASE NO. 11-cv-01846-LHK sf-3114669 3

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