Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
847
Administrative Motion to File Under Seal Samsung's Opposition to Apple's Motion for Partial Summary Judgment filed by Samsung Electronics Co. Ltd.. (Attachments: #1 Trac Declaration in Support of Motion to File Under Seal, #2 Samsung's Opposition to Apple's Motion for Partial Summary Judgment, #3 Hecht Declaration in Support of Opposition to Motion for Partial Summary Judgment, #4 Ex A, #5 Ex B1, #6 Ex B2, #7 Ex C1, #8 Ex C2, #9 Ex D, #10 Ex E, #11 Ex F1, #12 Ex F2, #13 Ex F3, #14 Ex F4, #15 Ex G, #16 Ex H, #17 Ex I, #18 Ex J1, #19 Ex J2, #20 Ex J3, #21 Ex J4, #22 Ex J5, #23 Ex J6, #24 Ex J7, #25 Ex J8, #26 Ex J9, #27 Ex J10, #28 Ex J11, #29 Ex K1, #30 Ex K2, #31 Ex K3, #32 Ex L, #33 Ex M, #34 Ex N, #35 Ex O1, #36 Ex O2, #37 Ex P1, #38 Ex P2, #39 Ex Q1, #40 Ex Q2, #41 Ex Q3, #42 Ex Q4, #43 Ex Q5, #44 Ex Q6, #45 Ex Q7, #46 Ex R, #47 Ex S1, #48 Ex S2, #49 Rosenbrock Declaration in Support of Opposition to Motion for Partial Summary Judgment, #50 Ex 1, #51 Ex 2, #52 Ex 3, #53 Ex 4, #54 Ex 5, #55 Ex 6, #56 Ex 7, #57 Ex 8, #58 Ex 9, #59 Ex 10, #60 Ex 11, #61 Ex 12, #62 Ex 13, #63 Ex 14, #64 Ex 15, #65 Ex 16, #66 Ex 17, #67 Ex 18, #68 Proposed Order Denying Apple's Motion for Summary Judgment, #69 Proposed Order Granting Samsung's Administrative Motion to File Under Seal)(Maroulis, Victoria) (Filed on 4/2/2012) Modified on 4/3/2012 Attachment #1 Trac Declaration placed under seal. Posting of attachments #16, 18, 19, 20 through 33, 37, 38, 47 and 48 are NOT in compliance with General Order 62 (dhm, COURT STAFF).
1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Bar No. 170151)
charlesverhoeven@quinnemanuel.com
50 California Street, 22nd Floor
San Francisco, California 94111
Telephone: (415) 875-6600
Facsimile: (415) 875-6700
Kevin P.B. Johnson (Bar No. 177129
kevinjohnson@quinnemanuel.com
Victoria F. Maroulis (Bar No. 202603)
victoriamaroulis@quinnemanuel.com
555 Twin Dolphin Drive, 5th Floor
Redwood Shores, California 94065-2139
(650) 801-5000
Telephone:
Facsimile:
(650) 801-5100
Michael T. Zeller (Bar No. 196417)
michaelzeller@quinnemanuel.com
865 S. Figueroa St., 10th Floor
Los Angeles, California 90017
Telephone: (213) 443-3000
Facsimile: (213) 443-3100
Attorneys for SAMSUNG ELECTRONICS CO.,
LTD., SAMSUNG ELECTRONICS AMERICA,
INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION
APPLE INC., a California corporation,
CASE NO. 11-cv-01846-LHK
DECLARATION OF BILL TRAC IN
SUPPORT OF SAMSUNG'S
ADMINISTRATIVE MOTION TO FILE
DOCUMENTS UNDER SEAL
Plaintiff,
vs.
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,
Defendant.
02198.51855/4687018.1
Case No. 11-cv-01846-LHK
DECLARATION OF BILL TRAC IN SUPPORT OF SAMSUNG'S ADMINISTRATIVE MOTION TO FILE
DOCUMENTS UNDER SEAL
1
I, Bill Trac, declare:
1.
I am an associate in the law firm of Quinn Emanuel Urquhart & Sullivan, LLP,
counsel for Samsung Electronics Co., Ltd., Samsung Electronics America, Inc. and Samsung
Telecommunications America, LLC (collectively, “Samsung”). Unless otherwise indicated, I have
personal knowledge of the facts set forth in this declaration and, if called upon as a witness, I
could and would testify as follows.
2.
The requested relief is necessary to protect the confidentiality of information
contained in Samsung’s Opposition to Apple’s Motion for Partial Summary Judgment, the
Declaration of David Hecht (“Hecht Declaration”), and Exhibits H, J1-J11, K1-K3, L, M, P1-P2,
and S1-S2 to the Hecht Declaration.
3.
Exhibit H to the Hecht Declaration is a presentation made by Samsung to Apple,
and contains information about licensing proposals that Samsung made to Apple. This document,
which Samsung has designated “Confidential Business Information – Subject to Protective Order”
in the 337-ITC-796 action between Samsung and Apple, contains information that is confidential
and proprietary to Samsung, and could be used to its disadvantage by competitors if it were not
filed under seal.
4.
Exhibits J1-J11 to the Hecht Declaration are letters between Apple and Samsung
discussing licensing to Samsung’s patents. These documents, which Samsung has designated
“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” contain information that is
confidential and proprietary to Samsung, and could be used to its disadvantage by competitors if it
were not filed under seal.
5.
Exhibits K1-K3 to the Hecht Declaration are license agreements between Samsung
and Intel. These documents, which Samsung has designated “Confidential Business Information –
Subject to Protective Order” in the 337-ITC-794 action between Samsung and Apple, contains
02198.51855/4687018.1
Case No. 11-cv-01846-LHK
DECLARATION OF BILL TRAC IN SUPPORT OF SAMSUNG'S ADMINISTRATIVE MOTION TO FILE
DOCUMENTS UNDER SEAL
1 information that is confidential and proprietary to Samsung, and could be used to its disadvantage
2 by competitors if it were not filed under seal.
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6.
Exhibit M is a declaration and attachments from Carl D. Herbert, an employee of
Intel. It contains confidential third-party sales information relating to Intel’s sales to Apple. This
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document, which Samsung has designated “Confidential Business Information – Subject to
Protective Order” in the 337-ITC-794 action between Samsung and Apple, contains information
8 that is confidential and proprietary to Intel, and could be used to its disadvantage by competitors if
9 it were not filed under seal.
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7.
Exhibit P2 is an excerpt from the deposition of Gert van Lieshout. It contains
confidential information related to Samsung’s internal intellectual property policies. This
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deposition was designated by Samsung as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
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ONLY,” contains information that is confidential and proprietary to Samsung, and could be used
15 to its disadvantage by competitors if it were not filed under seal.
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8.
The confidential, unredacted version of the Hecht Declaration discusses and
17 references the information contained in the documents described in paragraphs 3-7 above, and
18 should therefore be sealed for the same reasons.
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9.
The confidential, unredacted version of Samsung’s Opposition to Apple’s Motion
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for Partial Summary Judgment discusses and references the information contained in paragraphs
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3-7 above, and should also therefore be sealed for the same reasons.
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I declare under penalty of perjury that the foregoing is true and correct. Executed in
25 Redwood Shores, California on April 2, 2012.
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/s/ Bill Trac__________________
Bill Trac
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02198.51855/4687018.1
Case No. 11-cv-01846-LHK
-2DECLARATION OF BILL TRAC_IN SUPPORT OF SAMSUNG'S ADMINISTRATIVE MOTION TO FILE
DOCUMENTS UNDER SEAL
GENERAL ORDER ATTESTATION
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I, Victoria Maroulis, am the ECF user whose ID and password are being used to file the
3 foregoing document.
I hereby attest pursuant to General Order 45.X.B. that concurrence in the
4 electronic filing of this document has been obtained from Bill Trac.
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/s/ Victoria Maroulis
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02198.51855/4687018.1
Case No. 11-cv-01846-LHK
-3DECLARATION OF BILL TRAC_IN SUPPORT OF SAMSUNG'S ADMINISTRATIVE MOTION TO FILE
DOCUMENTS UNDER SEAL