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

Filing 930

Administrative Motion to File Under Seal Samsung's Motion for Summary Judgment filed by Samsung Electronics Co. Ltd.. (Attachments: #1 Motion for Summary Judgment, #2 Proposed Order Granting Samsung's Motion for Summary Judgment, #3 Trac Declaration in Support to Motion to File Under Seal, #4 Proposed Order Granting Motion to File Under Seal)(Maroulis, Victoria) (Filed on 5/17/2012) Modified on 5/21/2012 attachment #3 Declaration Sealed pursuant to General Order No. 62 (dhm, COURT STAFF).

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Bar No. 170151)
[e-mail]

50 California Street, 22nd Floor
 San Francisco, California 94111
Telephone: [phone]
 Facsimile: [phone]


Kevin P.B. Johnson (Bar No. 177129
[e-mail]
Victoria F. Maroulis (Bar No. 202603)

[e-mail]
555 Twin Dolphin Drive, 5th Floor

Redwood Shores, California 94065-2139
[phone]
 Telephone:
Facsimile:
[phone]



Michael T. Zeller (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 BILL TRAC 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,

Defendant.


02198.51855/4759035.1

Case No. 11-cv-01846-LHK
DECLARATION OF BILL TRAC IN SUPPORT OF SAMSUNG'S ADMINISTRATIVE MOTION TO FILE
DOCUMENTS UNDER SEAL

1

I, Bill Trac, declare:



1.

I am an associate in the law firm of Quinn Emanuel Urquhart & Sullivan, LLP,

 counsel for Samsung Electronics Co., Ltd., Samsung Electronics America, Inc. and Samsung





Telecommunications America, LLC (collectively, “Samsung”). Unless otherwise indicated, I have
personal knowledge of the facts set forth in this declaration and, if called upon as a witness, I
could and would testify as follows.
2.



The requested relief is necessary to protect the confidentiality of information

 contained in Samsung’s Motion for Summary Judgment and associated documents, declarations
 and exhibits.



3.

Exhibits 1-3, 14-18, 21, 27, 37-53, 55-61, 63-69, and 71-73, and 77-80 to the . the

Declaration of Brett Arnold (“Arnold Declaration”) are documents or deposition transcripts that





Apple has designated HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY. Samsung
expects that Apple will file a declaration under Local Rule 79-5(d) establishing good cause to seal

 them.


4.

Exhibits 74, 75 and 76 are expert reports that contain or references documents

 designated HIGHLY CONFIDENTIAL – ATTORNEYS' EYES ONLY from both Apple and
 Samsung. These documents contain confidential business information of the parties, the public


disclosure of which could harm the companies. Samsung will file a proposed redacted version as





soon as Samsung and Apple have identified all the confidential information in these reports.
5.

The confidential, unredacted version of the Arnold Declaration discusses and

 references the information contained in the documents described in paragraphs 3 and 4 above, and
 should therefore be sealed for the same reasons.



6.

Exhibits 2 to the Declaration of Andries van Dam in Support of the Motion for

Summary Judgment of Invalidity of U.S. Patent No. 7,467,381 ("van Dam Declaration") is the


02198.51855/4759035.1

Case No. 11-cv-01846-LHK
DECLARATION OF BILL TRAC IN SUPPORT OF SAMSUNG'S ADMINISTRATIVE MOTION TO FILE
DOCUMENTS UNDER SEAL

1 August 16, 2011 deposition transcript of Dr. Ravin Balakrishnan that Apple has designated
2 HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY. Samsung expects that Apple will
3
4

file a declaration under Local Rule 79-5(d) establishing good cause to seal them.
7.

Exhibits 3 and 4 to the van Dam Declaration are claim charts that discuss source

5
6
7

code for the Tablecloth/DTFlash application that is designated HIGHLY CONFIDENTIAL –
OUTSIDE ATTORNEYS' EYES ONLY – SOURCE CODE. These discussions must be sealed to

8 protect the confidential and proprietary source code belonging to third party Mitsubishi Electric
9 Research Laboratories.
10
11

8.

The confidential, unredacted version of the van Dam declaration discusses and

references the information contained in the documents described in paragraphs 6-7 above, and

12
should therefore be sealed for the same reasons.
13
14

9.

The confidential, unredacted version of the Declaration of Clifton Forlines in

15 Support of the Motion for Summary Judgment of Invalidity of U.S. Patent No. 7,467,381
16 discusses source code for the Tablecloth/DTFlash application that is designated HIGHLY
17 CONFIDENTIAL – OUTSIDE ATTORNEYS' EYES ONLY – SOURCE CODE. These
18 discussions must be sealed to protect the confidential and proprietary source code belonging to
19

third party Mitsubishi Electric Research Laboratories. A proposed redacted version of this

20
declaration has been filed concurrently herewith.
21
22

10.

Exhibits 9, 18, and 20 to the Von Herzen Declaration are excerpts from the

23 depositions of Apple employees Brian Huppi, Joshua Strickon, and Steven Hotelling that Apple
24 has designated HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY. Samsung expects
25 that Apple will file a declaration under Local Rule 79-5(d) establishing good cause to seal them.
26
27

11.

Exhibit 19 to the Von Herzen Declaration is an excerpt from the deposition of

Synaptics employee Shawn Day, and has been designated HIGHLY CONFIDENTIAL –

28
02198.51855/4759035.1

Case No. 11-cv-01846-LHK
-2DECLARATION OF BILL TRAC_IN SUPPORT OF SAMSUNG'S ADMINISTRATIVE MOTION TO FILE
DOCUMENTS UNDER SEAL

1 ATTORNEYS’ EYES ONLY. The excerpt discusses information confidential to third party
2 Synaptics, and sealing is necessary to protect that third-party confidentiality.
3
4

12.

Exhibit 10 to the Von Herzen Declaration is the Expert Report of Michel Maharbiz,

Ph.D Regarding Validity of Claims of U.S. Patent Nos. 7,663,607 and 7,920,129. The report

5
6
7

contains information from both Apple, Samsung, and third parties that has been designated
HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY. The report should be sealed at least

8 because it contains discusses information confidential to third party Atmel and references excerpts
9 from depositions of Apple employees that Apple has designated HIGHLY CONFIDENTIAL –
10 ATTORNEYS’ EYES ONLY.
11

13.

Exhibit 16 to the von Herzen Declaration is the Expert Report of Dr. Brian von

12
Herzen on the Invalidity of U.S. Patents 7,663,607 and 7,920,129. The report contains information
13
14

from both Apple, Samsung, and third parties that has been designated HIGHLY CONFIDENTIAL

15 – ATTORNEYS’ EYES ONLY. The report should be sealed at least because it contains discusses
16 information confidential to third parties Synaptics and Atmel and references excerpts from
17 depositions of Apple employees that Apple has designated HIGHLY CONFIDENTIAL –
18 ATTORNEYS’ EYES ONLY.
19

14.

The confidential, unredacted version of the von Herzen Declaration discusses and

20
references the information contained in paragraphs 10-13 above, and should therefore be sealed
21
22
23

for the same reasons.
15.

Exhibits 6 and 7 to the Gray Declaration are Vols. I and II of the deposition

24 transcript of Apple’s expert, Karan Singh. These transcripts contains Apple and Samsung’s
25 confidential information, such as discussions of Samsung’s source code, and has been marked
26

HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY. These transcripts should be sealed

27
28
02198.51855/4759035.1

Case No. 11-cv-01846-LHK
-3DECLARATION OF BILL TRAC_IN SUPPORT OF SAMSUNG'S ADMINISTRATIVE MOTION TO FILE
DOCUMENTS UNDER SEAL

1 to protect the confidentiality of Samsung’s source code. Samsung also expects Apple to file a
2 declaration under Local Rule 79-5(d) further establishing good cause for sealing these transcripts.
3
4

16.

Exhibits 8-11 to the Gray Declaration are excerpts from the depositions of Apple

employees Scott Herz, Andrew Platzer, Scott Forstall, Richard Williamson, and Greg Christie, and

5
6
7

have been marked by Apple HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.
Samsung expects Apple to file a declaration under Local Rule 79-5(d) establishing good cause for

8 sealing these transcripts.
9

17.

Exhibits 13-15 to the Gray Declaration are copies of the Singh Infringement

10 Report, Exhibit 17 to the Singh Infringement Report, and the Singh Rebuttal Report. These reports
11

contain discussion and references to Samsung’s confidential information, including source code,

12
and have been marked HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY. They should
13
14
15

be sealed to protect the confidentiality of Samsung’s source code.
18.

Exhibit 17 to the Gray Declaration is a copy of source code produced by Samsung

16 in this action, and has been marked HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY –
17 SOURCE CODE. It should be sealed to protect the confidentiality of Samsung’s source code.
18
19

19.

The confidential, unredacted version of the Gray Declaration discusses and

references the information contained in paragraphs 15-18, and should also therefore be sealed for

20
the same reasons. A proposed redacted version of the Gray Declaration has been filed concurrently
21
22
23

herewith.
20.

The confidential, unredacted version of Samsung’s Motion for Summary Judgment

24 discusses and references the information contained in paragraphs 3-19 above, and should also
25 therefore be sealed for the same reasons.
26
27
28
02198.51855/4759035.1

Case No. 11-cv-01846-LHK
-4DECLARATION OF BILL TRAC_IN SUPPORT OF SAMSUNG'S ADMINISTRATIVE MOTION TO FILE
DOCUMENTS UNDER SEAL

1

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

2 Redwood Shores, California on May 17, 2012.
3
4

/s/ Bill Trac
Bill Trac

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
02198.51855/4759035.1

Case No. 11-cv-01846-LHK
-5DECLARATION OF BILL TRAC_IN SUPPORT OF SAMSUNG'S ADMINISTRATIVE MOTION TO FILE
DOCUMENTS UNDER SEAL

GENERAL ORDER ATTESTATION

1
2

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 Bill Trac.
5

/s/ Victoria Maroulis

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
02198.51855/4759035.1

Case No. 11-cv-01846-LHK
-6DECLARATION OF BILL TRAC_IN SUPPORT OF SAMSUNG'S ADMINISTRATIVE MOTION TO FILE
DOCUMENTS UNDER SEAL