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

Filing 859

Declaration of Erica Tierney in Support of #847 Administrative Motion to File Under Seal Samsung's Opposition to Apple's Motion for Partial Summary Judgment filed byApple Inc.(a California corporation). (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Related document(s) #847 ) (Selwyn, Mark) (Filed on 4/9/2012)

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WILLIAM F. LEE

HAROLD J. MCELHINNY (CA SBN 6678r)
[e-mail]
MTCHAEL A. JACOBS (CA SBN 1rt664)
[e-mail]
JENNTFER LEE TAYLOR (CA SBN 161368)
[e-mail]
ALTSON M. TUCHER (CA SBN 171363)

william.lee@wilmerhale. com
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Telephone: [phone]
Facsimile: (6 1 7) 526-5000

[e-mail]
RTCFTARD S.J. HLrNG (CA SBN t97425)

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[e-mail]
JASÕÑ R. BARTLETT (CA SBN 214530)
j asonbartlett@mofo. com
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105 -2482
Telephone: [phone]
Facsimile: (4I5) 268-7522

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MARK D. SELV/YN (SBN 244180)
mark. selwyn@wilmerhale. com

WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, Califomia 94304
Telephone: [phone]
Facsimile: (650) 858-61 00

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Attorneys for Plaintiff and
Counterclaim-Defendant APPLE INC

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TINITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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APPLE fNC., a California corporation,

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Case

SUPPORT OX' SAMSUNG'S

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11-cv-O1846-LHK (PSG)

DECLARATION OX'
ERICA TIERNEY IN

Plaintiff,

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No.

SAMSUNG ELECTRONICS CO., LTD., A
Korean business entity; SAMSLTNG
ELECTRONICS AMEzuCA, INC., a New York
corporation; SAMSUNG

TELECOMMUNICATIONS AMEzuCA, LLC,
Delaware limited liability company,

ADMINISTRATIVE MOTION
TO X'ILE DOCUMENTS
UNDER SEAL

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Defendants.

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DECLARATION OF ERICA TIEN¡¡EY ISO SAMSUNG'S MOTION TO FILE UNOER S¡EICASE

No.

4:

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l-cv-01 846-LHK

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I, Erica Tierney, do 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 Administrative Motion to File Documents Under Seal.

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the matters set forth

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I have personal knowledge of

follows.

below. If called

I could

as a witness

and would

testiff competently

as

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2.

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exhibits L,

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information that Apple treats as confidential in the ordinary course of its business and/or that is

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confidential third party information. Specifically

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Samsung's Opposition to Apple's Motion for Partial Summary Judgment and

Pl and 52 to the Declaration of David Hecht ("Hecht Declaration") contain

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Exhibit L to the Hecht Declaration is an excerpt from Apple's Objections

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and Responses to Samsung's Fourth Set of Intenogatories. These

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responses contain confidential sales and manufacturing details relating to

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Apple's products, the components in Apple's products, and Intel's sales to

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Apple, and could be used to Apple's disadvantage by competitors if it were

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not filed under seal. Apple's supply chain information is carefully

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maintained as a business secret that is not disclosed or leaked to any person

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outside of Apple. A proposed redacted version is attached as Exhibit 1 to

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the Declaration of Mark D. Selwyn In Support of Samsung's

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Administrative Motion to File Documents Under Seal.

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B.

Exhibit Pl to the Hecht Declaration is an excerpt from the deposition of

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Boris Teksler. It contains confidential information related to Apple's

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intemal licensing and intellectual property policies. This deposition was

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designated by Apple as

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EYES ONLY," contains information that is confidential and proprietary to

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Apple, and could be used to its disadvantage by competitors if it were not

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filed under seal. A proposed redacted version is attached hereto as Exhibit

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1.

"HIGHLY CONFIDENTIAL

- ATTORNEYS'

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DECLARATION OF ERICA TIERNEY ISO APPLE,S MOTION TO FILE UNDER SEAI
CASE

No. 4:l

1-cv-O1

846-LHK

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Exhibit 52 to the Hecht Declaration is a letter from Jason Bartlett to Diane

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Hutnyan dated March 14,201.2. It contains non-public information relating

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to the involvement of Apple employees with product development and

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Apple's internal employee reporting structure, and

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internal Apple code name for its products. Apple's internal code names

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reveal information that Apple uses to maintain confidentiality with respect

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to its entire design and development process and could be used to its

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disadvantage by competitors

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redacted version is attached hereto as Exhibit 2.

D.

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a reference

to an

if it were not filed under seal. A proposed

The confidential, unredacted version of Samsung's Opposition to Apple's

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Motion for Partial Summary Judgment discusses and references the

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information contained in paragraphs A-B above, and also contains a

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reference to licensing discussions between Apple and Samsung, and should

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therefore be sealed for the same reasons.

3.

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Apple does not maintain

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claim of confidentiality on Exhibit Sl to the Hecht

Declaration.

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

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development information, or internal licensing and intellectual property policies. The information

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that is described above is confidential to Apple. It is indicative of the way that Apple manages its

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business affairs, designs its products, and conducts product development. Apple's licensing and

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intellectual property policies are carefully maintained as business secrets that are not disclosed or

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leaked to any person outside of

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of carefully maintaining the confidentiality of its business information. If disclosed, the

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information in the materials describe above could be used by Apple's competitors to Apple's

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disadvantage.

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Apple. Apple is well known worldwide for its corporate culture

The relief requested in this motion is necessary and is narrowly tailored to protect

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confidential information, focusing only on specif,rc exhibits and specific portions of the briefs at

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rssue
DECLARATIoN oF ERICA TIERNEY ISO APPLE'S MOTION TO FILE UNDER SEAL
CASE No. 4:1 l-cv-01 846-LHK

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I dccl¿ue under thepenalty of perjury

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under the laws of the Unitod States of America that

and correct to the best of my knowledge and that this Declaration was

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the f,orgoing is

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executed this 9th day of

April,z}lz,

at Cupertino, California.

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Dated: April 9,2þ12

By:

CA
EticaTiemey

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DEoLÄRATIONOF ERICÂ..ITERNEY ISO APPLE,S MOTIO¡I IO F,[LE ÜNDER SEAL
CAsE No. 4: 1 1-cv-01 846-LIIK

ATTESTATION OF E.FILED SIGNATURE

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I, Mark D. Selwyn, am the ECF U¡er whose ID and password

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æe being used to

file this

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Decfaration. In compliance with General Order 45, X.8., I hereþ attest that Eriea Tierney has

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aonoured in this frling.

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Dated:

Apnl09,2Ùt2

By:

ls/ Mark D Eelvrw'
Mark D Selwyn

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DECLARATION OF ERICA TTERNEY ISO AFPLË"S MOTION TO FILE UNDER SEAL
CAsE No. 4:1 l-cv-O1846-LHK

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CERTIFICATE

has been sen¿ed on

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SERVICE

I hereby certify that a true and correct copy of the above

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OF'

and foregoing document

April 9,2072 to all counsel of record who are deerned to have

consonted to

electronic service vja the Courtos CM/ECF system per Civil Local Rule 5.4. Any other cor¡nsel

of

record will be served by electronic mail, facsimile and/or overnight delivery.

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/s/ Mark. D Selwyn
Mark D. Selwyn

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DEcLARA,iloN oF ERICA TIERNEY ISO APPLE,S MOTTON TO FILE UNIDER SEAL
CASENo. 4:1 l-cv-O1 846-LHK