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

Filing 835

Declaration of Cyndi Wheeler in Support of #819 Administrative Motion to File Under Seal filed byApple Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Related document(s) #819 ) (Hung, Richard) (Filed on 3/27/2012)

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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. 11-cv-01846-LHK
sf-3125094

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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. 819) (“Samsung’s MtS”). 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 Reply in Support of its Motion for a Protective Order (“Samsung’s

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Reply”), the Declaration of Rachel Herrick Kassabian in Support of Samsung’s Reply

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(“Kassabian Declaration”), and Exhibits K, P, Q, R, and S to the Kassabian Declaration contain

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Apple-confidential information. (See Samsung’s MtS at 1.) Specifically:

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•

Exhibit K to the Kassabian Declaration contains discussions of manufacturing

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details, strategies for detecting and resolving problems, and confidential details

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of design and development practices. A proposed redacted version is attached

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as Exhibit 1.

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•

Exhibit P to the Kassabian Declaration contains discussions between a very

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senior individual at Apple and a very senior individual at Samsung regarding

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possible resolution of issues between the parties. The details of the

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communication, the identities of those communicating, and the contact

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information for those communicating are all confidential. This exhibit should

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be sealed in its entirety.

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•

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Exhibit Q to the Kassabian Declaration consists of deposition excerpts
detailing confidential licensing discussions, and should be sealed in its entirety.

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Exhibits R and S to the Kassabian Declaration consist of forwarded articles

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and Internet links for discussion with commentary by the most senior Apple

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executives. Exhibit R further includes design proposals and development

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details. The identities and contact information of those communicating, as

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well as the commentary they chose to include with the forwarded articles and

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links, are confidential. Proposed redacted versions are attached as Exhibits 2

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3, respectively.

DECLARATION OF CYNDI WHEELER ISO SAMSUNG’S MOTION TO FILE UNDER SEAL
CASE NO. 11-cv-01846-LHK
sf-3125094

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•

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Samsung’s Reply and the Kassabian Declaration should be sealed to the extent
they refer to the sealed portions of the above exhibits.

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Apple does not maintain a claim of confidentiality on Exhibit L to the Kassabian

Declaration.
4.

It is Apple’s policy not to disclose or describe its confidential design and product

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development information, licensing details, executive strategy, or other business practices to third

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parties. The information that should be sealed as described above is confidential to Apple. It is

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indicative of the way that Apple manages its business affairs, designs its products and conducts

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product development. If disclosed, the information in the materials described above could be

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used by Apple’s competitors to Apple’s disadvantage. The requested relief is necessary and

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narrowly tailored to protect the confidentiality of this 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 27th day of March, 2012, at Washington, DC.

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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. 11-cv-01846-LHK
sf-3125094

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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 27, 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 MOTION TO FILE UNDER SEAL
CASE NO. 11-cv-01846-LHK
sf-3125094

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