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)

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Cal. Bar No. 170151)
 [e-mail]
50 California Street, 22nd Floor
 San Francisco, California 94111
Telephone: [phone]
 Facsimile: [phone]
 Kevin P.B. Johnson (Cal. Bar No. 177129)
[e-mail]
 Victoria F. Maroulis (Cal. Bar No. 202603)
[e-mail]
 555 Twin Dolphin Drive 5th Floor
Redwood Shores, California 94065
 Telephone: [phone]
Facsimile: [phone]

Michael T. Zeller (Cal. Bar No. 196417)
 [e-mail]
865 S. Figueroa St., 10th Floor
 Los Angeles, California 90017
Telephone: [phone]
 Facsimile: [phone]
 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

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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
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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.
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/s/ Victoria Maroulis

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02198.51855/4649457.1

Case No. 11-cv-01846-LHK
-5MARTIN DECLARATION IN SUPPORT OF SAMSUNG’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS UNDER SEAL