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

Filing 925

Administrative Motion to File Under Seal Apple's Motion for Summary Judgment of Non-Infringement of U.S. Patent Number 7,362,867 and Invalidity of U.S. Patent Numbers 7,456,893 and 7,577,460 filed by Apple Inc.(a California corporation). (Attachments: #1 Declaration of Erica Tierney in Support of Apple's Administrative Motion to File Documents Under Seal, #2 Declaration of Mark D. Selwyn in Support of Apple's Administrative Motion to File Documents Under Seal, #3 Proposed Order Granting Apple Inc.'s Administrative Motion to File Documents Under Seal, #4 Plaintiff and Counterclaim-Defendant Apple Inc.'s Notice of Motion and Motion for Summary Judgment of Non-Infringement of U.S. Patent Number 7,362,867 and Invalidity of U.S. Patent Numbers 7,456,893 and 7,577,460, #5 Declaration of Mark D. Selwyn in Support of Apple's Motion for Summary Judgment of Non-Infringement of U.S. Patent Number 7,362,867 and Invalidity of U.S. Patent Numbers 7,456,893 and 7,577,460, #6 Exhibit 1, #7 Exhibit 2, #8 Exhibit 3, #9 Exhibit 4, #10 Exhibit 5, #11 Exhibit 6, #12 Exhibit 7, #13 Exhibit 8, #14 Exhibit 9, #15 Exhibit 10, #16 Exhibit 11, #17 Exhibit 12, #18 Exhibit 13, #19 Exhibit 14, #20 Exhibit 15, #21 Exhibit 16, #22 Exhibit 17, #23 Exhibit 18, #24 Exhibit 19, #25 Exhibit 20, #26 Exhibit 21, #27 Exhibit 22, #28 Exhibit 23, #29 Exhibit 24, #30 Exhibit 25, #31 Exhibit 26, #32 [Proposed] Order Granting Apple Inc.'s Motion for Partial Summary Judgment)(Selwyn, Mark) (Filed on 5/17/2012) Modified on 5/21/2012 attachment #1 and 2 sealed pursuant to General Order No. 62 (dhm, COURT STAFF).

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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
ERICA TIERNEY IN SUPPORT
OF APPLE’S ADMINISTRATIVE
MOTION TO FILE DOCUMENTS
UNDER SEAL

Defendants.

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DECLARATION OF ERICA TIERNEY ISO APPLE’S MOTION TO FILE UNDER SEAL
CASE NO. 4:11-cv-01846-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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Apple’s Administrative Motion to File Documents Under Seal. I have personal knowledge of the

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matters set forth below. If called as a witness I could and would testify competently as follows.

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2.

Apple’s Motion for Summary Judgment, and Exhibits 4, 9 and 15 to the

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Declaration of Mark D. Selwyn (“Selwyn Declaration”) contain information that Apple treats as

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confidential in the ordinary course of its business and/or that is confidential third party

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information. Specifically:

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A.

Exhibit 4 to the Selwyn Declaration is the Expert Report of Richard D.

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Wesel, Ph.D. Regarding Infringement of U.S. Patent No. 7,362,867. I

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understand that Samsung has designated this Report Outside Attorneys’

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Eyes Only. I have seen only a redacted version of this Expert Report.

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Paragraph 49 of the attached Report contains non-public Apple confidential

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information relating to Apple’s products and the components in Apple’s

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products, and could be used to Apple’s disadvantage by competitors if it

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were not filed under seal.

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B.

Exhibit 9 to the Selwyn Declaration is an excerpt from the Expert Report of

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Woodward Yang Regarding the Infringement of U.S. Patent Nos. US

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7,577,460, US 7,456,893, US 7,698,711 and US 7,079,871. I understand

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that Samsung has designated this Report Outside Attorneys’ Eyes Only. I

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have seen only a redacted version of this Expert Report. Paragraphs 40, 48

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and 67 of the attached excerpt contain non-public Apple confidential

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information relating to Apple’s products and the source code in Apple’s

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products, and could be used to Apple’s disadvantage by competitors if it

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were not filed under seal.

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C.

Exhibit 15 to the Selwyn Declaration is Exhibit J to Samsung’s P.L.R. 3-1
Disclosures. This exhibit contains non-public Apple confidential

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DECLARATION OF ERICA TIERNEY ISO APPLE’S MOTION TO FILE UNDER SEAL
CASE NO. 4:11-cv-01846-LHK

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information relating to Apple’s products and could be used to Apple’s

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disadvantage by competitors if it were not filed under seal.

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D.

The confidential, unredacted version of Apple’s Motion for Summary

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Judgment discusses and references the information contained in paragraphs

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A-C above, and should therefore be sealed for the same reasons.

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3.

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

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development information. The information that is described above is confidential to Apple. It is

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indicative of the way that Apple designs its products. Apple is well known worldwide for its

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corporate culture of carefully maintaining the confidentiality of its business information. If

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disclosed, the information in the materials described above could be used by Apple’s competitors

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to Apple’s disadvantage.

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4.

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.

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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 17th day of May, 2012, at Belmont, California.

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Dated: May 17, 2012

By: _/S/ Erica Tierney________________
Erica Tierney

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DECLARATION OF ERICA TIERNEY ISO APPLE’S MOTION TO FILE UNDER SEAL
CASE NO. 4:11-cv-01846-LHK

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ATTESTATION OF E-FILED SIGNATURE

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I, Mark D. Selwyn, am the ECF User whose ID and password are being used to file this

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Declaration. In compliance with General Order 45, X.B., I hereby attest that Erica Tierney has

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concurred in this filing.

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Dated: May 17, 2012

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By:

/s/ Mark. D Selwyn
Mark. D Selwyn

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DECLARATION OF ERICA TIERNEY ISO APPLE’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 May 17, 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 ERICA TIERNEY ISO APPLE’S MOTION TO FILE UNDER SEAL
CASE NO. 4:11-cv-01846-LHK