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

Filing 812

Declaration of Cyndi Wheeler in Support of #782 Administrative Motion to File Under Seal re Samsung's Motion Compel Production Materials From Related Proceedings and to Enforce 12/22/11 Court Order, #781 Administrative Motion to File Under Seal Declaration of Cyndi Wheeler in Support of Samsung's Administrative Motions to File Documents Under Seal filed byApple Inc.. (Attachments: #1 Exhibit 1)(Related document(s) #782 , #781 ) (Hung, Richard) (Filed on 3/14/2012)

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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,

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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 MOTIONS
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-3119163

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I, Cyndi Wheeler, do hereby declare as follows:

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I am an attorney for Apple Inc. (“Apple”). I submit this declaration in support of

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Samsung’s Administrative Motions to File Documents Under Seal filed March 7, 2012. (Dkt.

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Nos. 781 and 782.) Unless otherwise indicated, I have personal knowledge of the matters set

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forth below. If called as a witness I could and would testify competently as follows.

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2.

Samsung’s Motion to Compel Production of Documents Relating to Apple’s

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Efforts to Obtain Design Patents Related to the Patents-in-Suit (“Samsung’s MTC re Design

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Patents”), the Declaration of Diane C. Hutnyan in Support of Samsung’s MTC re Design Patents

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(“Hutnyan Decl. ISO MTC re Design Patents”), and Exhibit F to the Hutnyan Decl. ISO MTC re

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Design Patents contain Apple-confidential material. Specifically:
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Exhibit F to the Hutnyan Decl. ISO MTC re Design Patents contains CAD file

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directory and image printouts as well as concept images of designs. CAD files

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are the most heavily protected type of design document at Apple, as they

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reveal Apple’s designs and design decisions in great detail with multiple views

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and a high degree of specificity. These files are so confidential that they are

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produced for inspection at a third party escrow facility, rather than directly to

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Samsung. The CAD file directories also make reference to Apple’s

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confidential internal project code names. Other than the first two pages of

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content, which address patent dates of conception, public disclosure dates, and

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products embodying the patents; and the final seven pages of content, which

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consist of press releases, this exhibit should be redacted in its entirety. A

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proposed public redacted version is attached as Exhibit 1.
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Samsung’s MTC re Design Patents and the Hutnyan Declaration are
confidential to the extent they refer to the above exhibit.

3.

Apple does not maintain a claim of confidentiality on Exhibit B to the Hutnyan

Declaration ISO MTC re Design Patents.
4.

It is Apple’s policy not to disclose its confidential design, product development, or

business practices to third parties. The above information is confidential to Apple. It is

DECLARATION OF CYNDI WHEELER ISO SAMSUNG’S ADMINISTRATIVE MOTIONS TO FILE UNDER SEAL
CASE NO. 11-cv-01846-LHK
sf-3119163

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indicative of the way that Apple designs its products and conducts product development. The

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above documents containing internal code names reveal information that Apple uses to maintain

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confidentiality with respect to its entire development process. If disclosed, the information

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described above could be used by competitors to Apple’s disadvantage. The requested relief is

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necessary and narrowly tailored to protect the confidentiality of this information.

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5.

Samsung’s Motion to Compel Production of Materials from Related Proceedings

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(“Samsung’s MTC re Related Proceedings”), the Declaration of Diane C. Hutnyan ISO

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Samsung’s MTC re Related Proceedings (“Hutnyan Decl. ISO Samsung’s MTC re Related

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Proceedings”), and Exhibits C, D, and N to the Hutnyan Decl. ISO Samsung’s MTC re Related

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Proceedings contain Apple-confidential material. Specifically:
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Exhibit C to the Hutnyan Decl. ISO Samsung’s MTC re Related Proceedings

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consists of a motion to compel filed by Samsung on December 12, 2011. This

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motion was already the subject of a motion to file under seal (Dkt. No. 483),

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which the Court granted in full (Dkt. No. 527). The redacted version of that

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motion was filed at Dkt. No. 487-0.
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Exhibit D to the Hutnyan Decl. ISO Samsung’s MTC re Related Proceedings

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consists of an opposition to the above-referenced motion to compel. This

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opposition was also already the subject of a motion to file under seal (Dkt. No.

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502), which the Court granted in full (Dkt. No. 525). The redacted version of

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that opposition was filed at Dkt. No. 502-3.
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Exhibit N to the Hutnyan Decl. ISO Samsung’s MTC re Related Proceedings

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is identical to Exhibit F to the Hutnyan Decl. ISO Samsung’s MTC re Design

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Patents, the confidentiality of which is discussed above.

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6.

Exhibit B to the Hutnyan Decl. ISO Samsung’s MTC re Related Proceedings is

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identical to Exhibit B to the Hutnyan Decl. ISO Samsung’s MTC re Design Patents, and as noted

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above, Apple does not maintain a claim of confidentiality.

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DECLARATION OF CYNDI WHEELER ISO SAMSUNG’S ADMINISTRATIVE MOTIONS TO FILE UNDER SEAL
CASE NO. 11-cv-01846-LHK
sf-3119163

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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 foregoing is true and correct to the best of my knowledge and that this Declaration was

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executed this 14th day of March, 2012, at Cupertino, California.

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Dated: March 14, 2012

By: /s/ Cyndi Wheeler ___________
Cyndi Wheeler

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DECLARATION OF CYNDI WHEELER ISO SAMSUNG’S ADMINISTRATIVE MOTIONS TO FILE UNDER SEAL
CASE NO. 11-cv-01846-LHK
sf-3119163

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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 14, 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 MOTIONS TO FILE UNDER SEAL
CASE NO. 11-cv-01846-LHK
sf-3119163

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