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

Filing 820

Declaration of Cyndi Wheeler in Support of #801 Administrative Motion to File Under Seal filed byApple Inc.. (Attachments: #1 Exhibit 1)(Related document(s) #801 ) (Hung, Richard) (Filed on 3/20/2012)

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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 (PSG)

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 MOTION TO FILE UNDER SEAL
CASE NO. 11-cv-01846-LHK (PSG)
pa-1518354

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I, Cyndi Wheeler, 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 Documents Under Seal filed on March 13, 2012. [Dkt. No. 801.]

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Unless otherwise indicated, I have personal knowledge of the matters set forth below. If called as

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a witness I could and would testify competently as follows.

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2.

Exhibits 1, 3, 4, 7, 9, and 10 of the Declaration of Christopher E. Price (“Price

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Declaration”) in Support of Samsung’s Opposition to Apple’s Rule 37(b)(2) Motion re

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Samsung’s Violation of January 27, 2012 Damages Discovery Order (“Samsung’s Opposition”)

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contain Apple-confidential material. (See Declaration of Joby Martin in Support of Samsung’s

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Administrative Motion to File Documents Under Seal [Dkt. No. 801-1].) Specifically:
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Exhibit 1 to the Price Declaration consists of Apple’s highly confidential Gross

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Margin Reports, which identify material costs, management costs, marketing

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costs, and gross margins for Apple‘s iPhone products, as well as reports of

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Apple earnings from search engines on the iPhone, and should be sealed in its

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entirety.

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Exhibits 3 and 4 to the Price Declaration are charts showing the royalties

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Apple has paid to licensors in relation to its iPhone, iPad, and iPod products,

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which is highly confidential information. Both exhibits should be sealed in

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their entirety.

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•

Exhibit 7 to the Price Declaration is a document entitled “iPhone Units by

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Channel/Carrier/Reseller.” The document contains highly confidential sales

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information on a per-unit basis broken down by the carrier, channel, and

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reseller of Apple‘s products, and should be sealed in its entirety.

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•

Exhibit 9 to the Price Declaration contains a reference to the number of

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physical design models Apple possesses, internal Apple code names for its

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products, and discussions of specific documents relating to baseband

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processors and custodians of those documents. A proposed redacted version is

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attached as Exhibit 1.

DECLARATION OF CYNDI WHEELER ISO SAMSUNG’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL
CASE NO. 11-cv-01846-LHK (PSG)
pa-1518354

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•

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Exhibit 10 to the Price Declaration consists of reports of Apple earnings from

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search engines on the iPhone, which are highly confidential. Exhibit 10 should

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be sealed in its entirety.
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Samsung’s Opposition contains discussion of the aforementioned exhibits and
should be sealed to the extent it refers to them.

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It is Apple’s policy not to disclose or describe its confidential financial

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information, design and product development information, trade secrets, or business practices to

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third parties. The above information is confidential to Apple. It is indicative of the way that

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Apple manages its business affairs, designs its products and conducts product development.

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Apple’s internal Apple code names reveal information that Apple uses to maintain confidentiality

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with respect to its entire design and development process. 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 penalty of perjury that the foregoing is true and correct and that this
declaration was executed this 20th 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 ADMINISTRATIVE MOTION TO FILE UNDER SEAL
CASE NO. 11-cv-01846-LHK (PSG)
pa-1518354

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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 20, 2012

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/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 (PSG)
pa-1518354

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