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

Filing 922

Administrative Motion to File Under Seal Samsung's Motion for Clarification Regarding the COurt's May 4, 2012 Order 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 Declaration of Joby Martin In Support of Samsung's Motion to File Documents Under Seal, #2 Exhibit Samsung's Motion For Clarification Regarding the Court's May 4, 2012 Order (Redacted), #3 Declaration of Mark TUng In Support of Samsung's Motion for Clarification (Redacted), #4 Exhibit 1 to the Tung Declaration, #5 Exhibit 2 to the Tung Declaration, #6 Exhibit 3 to the Tung Declaration, #7 Exhibit 4 to the Tung Declaration, #8 Exhibit 5 to the Tung Declaration, #9 Exhibit 6 to the Tung Declaration, #10 Exhibit 7 to the Tung Declaration, #11 Exhibit 8 to the Tung Declaration, #12 Exhibit 9 to the Tung Declaration, #13 Exhibit 10 to the Tung Declaration, #14 Exhibit 11 to the Tung Declaration, #15 Exhibit 12 to the Tung Declaration, #16 Exhibit 13 to the Tung Declaration, #17 Exhibit 14 to the Tung Declaration, #18 Exhibit 15 to the Tung Declaration, #19 Exhibit 16 to the Tung Declaration, #20 Exhibit 17 to the Tung Declaration, #21 Exhibit 18 to the Tung Declaration, #22 Proposed Order Granting Samsung's Administrative Motion to FIle Documents Under Seal)(Maroulis, Victoria) (Filed on 5/15/2012)

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.






02198.51855/4755965.1

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 Motion For Clarification Regarding the Court's May 4, 2012 Order (Dkt.
9 No. 989), as well as the supporting Declaration of Mark Tung ("Tung Declaration") and exhibits
10 thereto.
11

3.

Exhibit 3 to the Tung Declaration consists of excerpts from the February 1, 2012

12 deposition transcript of Qi Ling, which is designated as HIGHLY CONFIDENTIAL —
13 ATTORNEY'S EYES ONLY. This document contains highly sensitive commercial information
14 concerning the design and development of Samsung products and technology, including source
15 code.

This information is confidential and proprietary to Samsung, and could be used to its

16 disadvantage by competitors if it were not filed under seal.
17

4.

Exhibit 4 to the Tung Declaration consists of excerpts from the January 12, 2012

18 deposition transcript of Wookyun Kho, which is designated as HIGHLY CONFIDENTIAL —
19 ATTORNEY'S EYES ONLY. This document contains highly sensitive commercial information
20 concerning the design and development of Samsung products and technology, including source
21 code. This information is confidential and proprietary to Samsung, and could be used to its
22 disadvantage by competitors if it were not filed under seal.
23

5.

Exhibit 5 to the Tung Declaration consists of excerpts from the March 8, 2012

24 deposition transcript of Ioi Lam, which is designated as HIGHLY CONFIDENTIAL —
25 ATTORNEY'S EYES ONLY. This document contains highly sensitive commercial information
26 concerning the design and development of Samsung products and technology, including source
27
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02198.51855/4755965.1

Case No. 11-cv-01846-LHK
-2MARTIN DECLARATION IN SUPPORT OF SAMSUNG’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS UNDER SEAL

1 code. This information is confidential and proprietary to Samsung, and could be used to its
2 disadvantage by competitors if it were not filed under seal.
3

6.

Exhibit 6 to the Tung Declaration consists of excerpts from the January 27, 2012

4 deposition transcript of Jaegwan Shin, which is designated as HIGHLY CONFIDENTIAL —
5 ATTORNEY'S EYES ONLY. This document contains highly sensitive commercial information
6 concerning the design and development of Samsung products and technology, including source
7 code. This information is confidential and proprietary to Samsung, and could be used to its
8 disadvantage by competitors if it were not filed under seal.
9

7.

Exhibit 7 to the Tung Declaration consists of excerpts from the January 27, 2012

10 deposition transcript of Jaegwan Shin, which is designated as HIGHLY CONFIDENTIAL —
11 ATTORNEY'S EYES ONLY. This document contains highly sensitive commercial information
12 concerning the design and development of Samsung products and technology, including source
13 code. This information is confidential and proprietary to Samsung, disclosed to Dr. Johnson
14 under the protective order in this action, and could be used to Samsung's disadvantage by
15 competitors if it were not filed under seal.
16

8.

Exhibit 8 to the Tung Declaration consists of excerpts from the May 12, 2012

17 deposition transcript of Dr. Michael Wagner, which is designated as HIGHLY CONFIDENTIAL
18 — ATTORNEY'S EYES ONLY.

This document contains sensitive commercial information

19 concerning Samsung's calculation the costs associated with developing alternaives to the Apple
20 patents-in-suit.

This information is confidential and proprietary to Samsung, disclosed to Dr.

21 Wagner under the protective order in this action, and could be used to Samsung's disadvantage by
22 competitors if it were not filed under seal.
23

9.

Exhibit 9 to the Tung Declaration consists of excerpts from the April 20, 2012

24 deposition transcript of Apple's infringement expert, Dr. Ravin Balakrishnan, which is designated
25 as HIGHLY CONFIDENTIAL — ATTORNEY'S EYES ONLY.

This document contains

26 discussion of Samsung source code, as well as confidential business information regarding the
27
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02198.51855/4755965.1

Case No. 11-cv-01846-LHK
-3MARTIN DECLARATION IN SUPPORT OF SAMSUNG’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS UNDER SEAL

1 operation of the accused Samsung devices. This information is confidential and proprietary to
2 Samsung, and could be used to its disadvantage by competitors if it were not filed under seal.
3

10.

Exhibit 10 to the Tung Declaration consists of excerpts from the August 16, 2011

4 deposition transcript of Apple's infringement expert, Dr. Ravin Balakrishnan, which is designated
5 as HIGHLY CONFIDENTIAL — ATTORNEY'S EYES ONLY.

This document contains

6 confidential business information regarding the operation of the accused Samsung devices. This
7 information is confidential and proprietary to Samsung, and could be used to its disadvantage by
8 competitors if it were not filed under seal.
9

11.

Exhibit 11 to the Tung Declaration consists of excerpts from the Expert Report of

10 Ravin Balakrishnan, Ph.D. Regarding Infringement of U.S. Patent No. 7,469,381, which is
11 designated as HIGHLY CONFIDENTIAL — ATTORNEY'S EYES ONLY. This document
12 contains references to both Apple and Samsung source code, confidential information regarding
13 the conception of Apple’s patents, and excerpts of confidential deposition testimony from Apple
14 and Samsung employees regarding the asserted patents and the accused Samsung devices. This
15 information, as it relates to Samsung, is confidential and proprietary to Samsung, and could be
16 used to its disadvantage by competitors if it were not filed under seal.
17

12.

Exhibit 16 to the Tung Declaration is a copy of Samsung's Supplemental

18 Objections and Responses to Apple's Seventh Set of Interrogatories (No. 16). This document
19 contains sensitive commercial information concerning Samsung's actual or contemplated efforts to
20 develop alternatives to the Apple patents-in-suit, most of which have not yet been released to the
21 public. This information is confidential and proprietary to Samsung, and could be used to its
22 disadvantage by competitors if it were not filed under seal.
23

13.

Exhibit 17 to the Tung Declaration consists of excerpts from the April 26, 2012

24 deposition transcript of Apple's infringement expert, Dr. Karan Singh , which is designated as
25 HIGHLY CONFIDENTIAL — ATTORNEY'S EYES ONLY.

This document contains

26 discussion of Samsung source code, as well as confidential business information regarding the
27
28

02198.51855/4755965.1

Case No. 11-cv-01846-LHK
-4MARTIN DECLARATION IN SUPPORT OF SAMSUNG’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS UNDER SEAL

1 operation of the accused Samsung devices. This information is confidential and proprietary to
2 Samsung, and could be used to its disadvantage by competitors if it were not filed under seal.
3

14.

Exhibit 19 to the Tung Declaration consists of excerpts from the Expert Report of

4 Karan Singh, Ph.D., Regarding Infringement of U.S. Patents Nos. 7,864,163, 7,844,915 and
5 7,853,891.

This document contains references to both Apple and Samsung source code,

6 confidential information regarding the conception of Apple’s patents, and excerpts of confidential
7 deposition testimony from Apple and Samsung employees regarding the asserted patents and the
8 accused Samsung devices.

This information, as it relates to Samsung, is confidential and

9 proprietary to Samsung, and could be used to its disadvantage by competitors if it were not filed
10 under seal.
11
12

I declare under penalty of perjury that the foregoing is true and correct.

Executed in San

13 Francisco, California on May 15, 2012.
14
15

/s/ Joby Martin
Joby Martin

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02198.51855/4755965.1

Case No. 11-cv-01846-LHK
-5MARTIN 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

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02198.51855/4755965.1

Case No. 11-cv-01846-LHK
-6MARTIN DECLARATION IN SUPPORT OF SAMSUNG’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS UNDER SEAL