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

Filing 817

Declaration of Cyndi Wheeler in Support of #797 Order on Administrative Motion to File Under Seal, Order on Motion to Remove Incorrectly Filed Document,,,, filed byApple Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Related document(s) #797 ) (Bartlett, Jason) (Filed on 3/16/2012)

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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 MOTION TO
FILE DOCUMENTS UNDER
SEAL

Defendants.

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DECLARATION OF CYNDI WHEELER ISO SAMSUNG’S MOTION TO FILE UNDER SEAL
CASE NO. 4:11-cv-01846-LHK
sf-3120632

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I, Cyndi Wheeler, 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 Motion to File Under Seal (Dkt. No. 667), pursuant to the Court’s Order Granting in

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Part Samsung’s Motion to File Under Seal (Dkt. No. 797) (“the Order”). The Order invited

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Apple to file a declaration and proposed redactions that narrowly tailor the request to seal

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Exhibits O, P, Q, and W to the Declaration of Alex Baxter in Support of Samsung’s Motion to

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Supplement Invalidity Contentions (Dkt. No. 671) (“Baxter Declaration”). I have personal

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knowledge of the matters set forth below. If called as a witness I could and would testify

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competently as follows.

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2.

Samsung’s Motion to Supplement Invalidity Contentions (“Samsung’s Motion”)

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and Exhibits Q and W to the Baxter Declaration contain Apple-confidential material. (See

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Declaration of Bill Trac in Support of Samsung’s Administrative Motion to File Documents

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Under Seal [Dkt. No. 667-1].) Specifically:

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•

Exhibit Q to the Baxter Declaration consists of excerpts from the deposition of

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Apple inventor Steven Christensen. These excerpts discuss specific

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confidential licensing discussions and terms. A proposed redacted version is

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attached hereto as Exhibit 1.

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•

Exhibit W to the Baxter Declaration consists of an excerpt from Apple’s

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Objections and Responses to Samsung’s First Set of Interrogatories. It

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contains specific information on Apple’s confidential intellectual property

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enforcement strategies and actions, identities of third parties with whom Apple

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confidentially discussed patents, and confidential information regarding

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Apple’s advertising expenditures. A proposed redacted version is attached

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hereto as Exhibit 2.

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•

Samsung’s Motion to Supplement Invalidity Contentions contains discussion

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of the aforementioned exhibits and should be sealed to the extent it refers to

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them.

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DECLARATION OF CYNDI WHEELER ISO SAMSUNG’S MOTION TO FILE UNDER SEAL
CASE NO. 4:11-cv-01846-LHK
sf-3120632

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3.

Apple does not maintain a claim of confidentiality on Exhibits O or P to the Baxter

Declaration.
4.

It is Apple’s policy not to disclose or describe its enforcement strategies,

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advertising expenditures, licensing discussions, and other business practices to third parties. The

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above information is confidential to Apple. It is indicative of the way that Apple manages its

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business affairs and enforces its rights. If disclosed, the information in the materials described

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above could be used by Apple’s 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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I declare under penalty of perjury that the forgoing is true and correct and that this
Declaration was executed this 16th day of March, 2012, at Cupertino, California.

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/s/ Cyndi Wheeler
Cyndi Wheeler

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DECLARATION OF CYNDI WHEELER ISO SAMSUNG’S MOTION TO FILE UNDER SEAL
CASE NO. 4:11-cv-01846-LHK
sf-3120632

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ATTESTATION OF E-FILED SIGNATURE
I, Jason R. Bartlett, 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 16, 2012

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/s/ Jason R. Bartlett
Jason R. Bartlett

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DECLARATION OF CYNDI WHEELER ISO SAMSUNG’S MOTION TO FILE UNDER SEAL
CASE NO. 4:11-cv-01846-LHK
sf-3120632

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