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

Filing 857

Administrative Motion to File Under Seal Samsung's Supplemental Response to Apple's Corrected Reply In Support of Rule 37(b)(2) Motion, filed by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Attachments: #1 Exhibit Public Redacted Version of Samsung's Supplemental Response, #2 Declaration of Christopher Price In Support of Samsung's Supplemental Response, #3 Exhibit A (filed under seal), #4 Exhibit B (filed under seal), #5 Exhibit C (filed under seal), #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I (filed under seal), #12 Exhibit J (filed under seal), #13 Exhibit K (filed under seal), #14 Declaration of Joby Martin In Support of Samsung's Administrative Motion to File Documents Under Seal, #15 Proposed Order Granting Samsung's Administrative Motion to File Documents Under Seal)(Maroulis, Victoria) (Filed on 4/7/2012)

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1 QUINN EMANUEL URQUHART & SULLIVAN, LLP Charles K. Verhoeven (Cal. 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 (Cal. Bar No. 177129) kevinjohnson@quinnemanuel.com  Victoria F. Maroulis (Cal. Bar No. 202603) victoriamaroulis@quinnemanuel.com  555 Twin Dolphin Drive 5th Floor Redwood Shores, California 94065  Telephone: (650) 801-5000 Facsimile: (650) 801-5100  Michael T. Zeller (Cal. 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 JOBY MARTIN 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,  Defendants.  Date: April 9, 2012 Time: 10:00 a.m. Place: Courtroom 5, 4th Floor Judge: Hon. Paul S. Grewal     02198.51855/4649457.1 Case No. 11-cv-01846-LHK MARTIN DECLARATION IN SUPPORT OF SAMSUNG’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL 1 I, Joby Martin, declare: 2 1. I am an associate in the law firm of Quinn Emanuel Urquhart & Sullivan, LLP, 3 counsel for Samsung Electronics Co., Ltd., Samsung Electronics America, Inc. and Samsung 4 Telecommunications America, LLC (collectively, “Samsung”). Unless otherwise indicated, I 5 have personal knowledge of the facts set forth in this declaration and, if called upon as a witness, I 6 could and would testify as follows. 7 2. The requested relief is necessary to protect the confidentiality of information 8 contained in Samsung's Supplemental Response to Apple's Corrected Reply in Support of Rule 9 37(b)(2) Motion re: Samsung's Alleged Violation of January 27, 2012 Damages Discovery Order, 10 as well as the Declaration of Christopher E. Price and exhibits thereto ("Price Declaration"), and 11 the Declaration of Beomjoon Kim ("Kim Declaration"). 12 3. Exhibit A to the Price Declaration consists of excerpts from the March 30, 2012 13 deposition transcript of Timothy Sheppard, which is designated as HIGHLY CONFIDENTIAL — 14 ATTORNEY'S EYES ONLY. This document contains highly sensitive commercial information 15 concerning the contents of spreadsheets drawn from Samsung's accounting databases, and 16 Samsung's supplier and subsidiary relationships. This information is confidential and proprietary 17 to Samsung, and could be used to its disadvantage by competitors if it were not filed under seal. 18 4. Exhibit B to the Price Declaration consists of excerpts from the March 31, 2012 19 deposition transcript of Jaehwang Sim, which is designated as HIGHLY CONFIDENTIAL — 20 ATTORNEY'S EYES ONLY. This document contains highly sensitive commercial information 21 concerning the preparation of spreadsheets drawn from Samsung's accounting databases. This 22 information is confidential and proprietary to Samsung, and could be used to its disadvantage by 23 competitors if it were not filed under seal. 24 5. Exhibit C to the Price Declaration is a copy of the Expert Report of Terry Musika, 25 dated March 22, 2012, which contains highly sensitive commercial information concerning 26 Samsung's and Apple's sales, revenues, costs, and profits, as well as confidential licenses with 27 third parties. 28 02198.51855/4649457.1 Case No. 11-cv-01846-LHK -2MARTIN DECLARATION IN SUPPORT OF SAMSUNG’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL 1 6. Exhibit I to the Price Declaration consists of excerpts from the March 10, 2012 2 deposition transcript of Jaehwang Sim, which is designated as HIGHLY CONFIDENTIAL — 3 ATTORNEY'S EYES ONLY. This document contains highly sensitive commercial information 4 concerning the organization and reporting structures of Samsung's finance and accounting 5 departments, the contents of spreadsheets drawn from Samsung's accounting databases, and 6 Samsung's supplier and subsidiary relationships. This information is confidential and proprietary 7 to Samsung, and could be used to its disadvantage by competitors if it were not filed under seal. 8 7. Exhibit J to the Price Declaration consists of excerpts from the March 30, 2012 9 deposition transcript of Timothy Sheppard, which is designated as HIGHLY CONFIDENTIAL — 10 ATTORNEY'S EYES ONLY. This document contains highly sensitive commercial information 11 concerning the contents of spreadsheets drawn from Samsung's accounting databases, and 12 Samsung's supplier and subsidiary relationships. This information is confidential and proprietary 13 to Samsung, and could be used to its disadvantage by competitors if it were not filed under seal. 14 8. Exhibit K to the Price Declaration is a true and correct copy of a document 15 produced by Samsung in this action beginning at Bates number SAMNDCA00372946 and 16 designated HIGHLY CONFIDENTIAL — ATTORNEY'S EYES ONLY. This document 17 contains highly sensitive financial data drawn from Samsung’s confidential and proprietary 18 accounting database, and could be used to its disadvantage by competitors if it were not filed 19 under seal. 20 9. The confidential, unredacted version of the Kim Declaration discusses and 21 references highly sensitive confidential information relating to Samsung's storage and 22 management of its financial data. 23 10. The confidential, unredacted version of Samsung's Supplemental Response to 24 Apple's Corrected Reply in Support of Rule 37(b)(2) Motion re: Samsung's Alleged Violation of 25 January 27, 2012 Damages Discovery Order discusses and references the information contained in 26 the documents described in paragraphs 3-8, and should therefore be sealed for the same reasons 27 discussed above. 28 02198.51855/4649457.1 Case No. 11-cv-01846-LHK -3MARTIN DECLARATION IN SUPPORT OF SAMSUNG’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL 1 2 I declare under penalty of perjury that the foregoing is true and correct. Executed in San 3 Francisco, California on April 6, 2012. 4 5 /s/ Joby Martin Joby Martin 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 02198.51855/4649457.1 Case No. 11-cv-01846-LHK -4MARTIN DECLARATION IN SUPPORT OF SAMSUNG’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL 1 2 GENERAL ORDER ATTESTATION 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 Joby Martin. 5 6 /s/ Victoria Maroulis 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 02198.51855/4649457.1 Case No. 11-cv-01846-LHK -5MARTIN DECLARATION IN SUPPORT OF SAMSUNG’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL

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