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

Filing 860

Declaration of Mark D. Selwyn 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)(Related document(s) #847 ) (Selwyn, Mark) (Filed on 4/9/2012)

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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]

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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,

Case No.

11-cv-01846-LHK (PSG)

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Plaintiff,
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v.
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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,

DECLARATION OF
MARK D. SELWYN IN SUPPORT
OF SAMSUNG’S
ADMINISTRATIVE MOTION TO
FILE DOCUMENTS UNDER
SEAL

Defendants.

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DECLARATION OF MARK D. SELWYN ISO SAMSUNG’S MOTION TO FILE UNDER SEAL
CASE NO. 4:11-cv-01846-LHK

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I, Mark D. Selwyn, do hereby declare as follows:

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1.

I am a partner with the law firm of Wilmer Cutler Pickering Hale and Dorr LLP

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and counsel for plaintiff and counterclaim-defendant Apple Inc. (“Apple”). I am familiar with

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and knowledgeable about the facts stated in this declaration and if called upon could and would

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testify competently as to the statements made herein.

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2.

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

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exhibits L and M to the Declaration of David Hecht (“Hecht Declaration”) contain information

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that Samsung or third parties have designated confidential. Specifically:

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A.

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 Interrogatories. These

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responses contain information about the license agreements between

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Samsung and Intel and between Samsung and Qualcomm, which is based

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in part on documents Samsung has designated as “Confidential Business

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Information – Subject to Protective Order” in the 337-ITC-794 action

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between Samsung and Apple. A proposed redacted version is attached

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hereto as Exhibit 1.

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B.

Exhibit M is a declaration and attachments from Carl D. Herbert, an

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employee of Intel. Exhibit M was filed non-publicly in Korea. Carl

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Herbert’s declaration was marked Intel Confidential by Intel, and contains

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confidential sales information relating to the components in Apple’s

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products and Intel’s sales to Apple.

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C.

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 should therefore be

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sealed for the same reasons.

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3.

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

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

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issue.
DECLARATION OF MARK D. SELWYN ISO SAMSUNG’S MOTION TO FILE UNDER SEAL
CASE NO. 4:11-cv-01846-LHK

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I declare under the penalty of perjury under the laws of the United States of America that

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

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executed this 9th day of April, 2012, at Cupertino, California.

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Dated: April 9, 2012

By: __/s/ Mark. D Selwyn ____________
Mark. D Selwyn

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DECLARATION OF MARK D. SELWYN ISO SAMSUNG’S MOTION TO FILE UNDER SEAL
CASE NO. 4:11-cv-01846-LHK

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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing document
has been served on April 9, 2012 to all counsel of record who are deemed to have consented to
electronic service via the Court’s CM/ECF system per Civil Local Rule 5.4. Any other counsel 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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DECLARATION OF MARK D. SELWYN ISO SAMSUNG’S MOTION TO FILE UNDER SEAL
CASE NO. 4:11-cv-01846-LHK