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

Filing 934

Administrative Motion to File Under Seal 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 Proposed Order Granting Motion to Seal, #2 Declaration in Support of Motion to Seal, #3 Exhibit 1 to Ward Declaration ISO Motion to Seal, #4 Proposed Order Granting Motion to Strike, #5 Declaration of Diane Hutnyan ISO Motion to Strike, #6 Declaration of Jeffrey Johnson ISO Motion to Strike)(Maroulis, Victoria) (Filed on 5/17/2012) Modified on 5/21/2012 attachment #2 sealed pursuant to General Order No. 62 (dhm, COURT STAFF).

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Cal. Bar No. 170151)
2 [e-mail]
50 California Street, 22nd Floor
3 San Francisco, California 94111
Telephone: [phone]
4 Facsimile: [phone]
5 Kevin P.B. Johnson (Cal. Bar No. 177129)
[e-mail]
6 Victoria F. Maroulis (Cal. Bar No. 202603)
[e-mail]
7 555 Twin Dolphin Drive 5th Floor
Redwood Shores, California 94065
8 Telephone: [phone]
Facsimile: [phone]
9
Michael T. Zeller (Cal. Bar No. 196417)
10 [e-mail]
865 S. Figueroa St., 10th Floor
11 Los Angeles, California 90017
Telephone: [phone]
12 Facsimile: [phone]
13 Attorneys for SAMSUNG ELECTRONICS
CO., LTD., SAMSUNG ELECTRONICS
14 AMERICA, INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC
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16

UNITED STATES DISTRICT COURT

17

NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

18 APPLE INC., a California corporation,
Plaintiff,

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20

vs.

21 SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity; SAMSUNG
22 ELECTRONICS AMERICA, INC., a New
York corporation; SAMSUNG
23 TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,
24
Defendants.
25

CASE NO. 11-cv-01846-LHK
DECLARATION OF JAMES J. WARD IN
SUPPORT OF SAMSUNG’S
ADMINISTRATIVE MOTION TO FILE
DOCUMENTS UNDER SEAL
Date: June 26, 2012
Time: 10:00 a.m.
Place: Courtroom 5, 4th Floor
Judge: Hon. Paul S. Grewal

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

1

I, James J. Ward, 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 to Strike Expert Testimony Based on Undisclosed Facts and
9 Theories (“Samsung’s Motion to Strike”), exhibits attached to the Declaration of James J. Ward
10 (“Ward Declaration”), and the Declaration of Christopher E. Price and exhibits thereto ("Price
11 Declaration").

A true and correct copy of Samsung’s Motion to Strike is attached to this

12 Declaration as Exhibit 1. A true and correct copy of the Ward Declaration is attached to this
13 Declaration as Exhibit 2. A true and correct copy of the Price Declaration is attached to this
14 Declaration as Exhibit 3.
15

3.

Exhibit E to the Ward Declaration is a true and correct copy of Apple’s Corrected

16 Amended Objections and Responses to Samsung's Interrogatory Nos. 4, 6, 7, 16, 17, and 18.
17 These responses contain materials that Apple has designated Highly Confidential – Attorney Eyes
18 Only (“AEO”), and Samsung expects that Apple will file a declaration pursuant to Civ. L.R. 7919 5(d) establishing the document as confidential, and therefore it should be sealed.
20

4.

Exhibit H to the Ward Declaration is a true and correct excerpted copy of Apple’s

21 Objections and Responses to Samsung's Fourth Set of Interrogatories.

These responses contain

22 materials that Apple has designated AEO, and Samsung expects that Apple will file a declaration
23 pursuant to Civ. L.R. 79-5(d) establishing the document as confidential, and therefore it should be
24 sealed.
25

5.

Exhibit K to the Ward Declaration is a true and correct excerpted copy of the

26 deposition transcript of Sanjay Sood, dated April 20, 2012.

The deposition transcript contains

27 materials that Apple has designated AEO, and Samsung expects that Apple will file a declaration
28

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

1 pursuant to Civ. L.R. 79-5(d) establishing the document as confidential, and therefore it should be
2 sealed.
3

6.

Exhibit L to the Ward Declaration is a true and correct excerpted copy of the

4 Expert Report of Tony Givargis, dated March 22, 2012, contains materials that Apple has
5 designated AEO, and Samsung expects that Apple will file a declaration pursuant to Civ. L.R. 796 5(d) establishing the document as confidential, and therefore it should be sealed.
7

7.

Exhibit M to the Ward Declaration is a true and correct excerpted copy of the

8 deposition transcript of Tony Givargis, dated April 23, 2012.

The deposition transcript contains

9 materials that Apple has designated AEO, and Samsung expects that Apple will file a declaration
10 pursuant to Civ. L.R. 79-5(d) establishing the document as confidential, and therefore it should be
11 sealed.
12

8.

Exhibit O to the Ward Declaration is a true and correct excerpted copy of the

13 deposition transcript of Tony Givargis, dated December 6, 2011.

The deposition transcript

14 contains materials that Apple has designated AEO, and Samsung expects that Apple will file a
15 declaration pursuant to Civ. L.R. 79-5(d) establishing the document as confidential, and therefore
16 it should be sealed.
17

9.

Exhibit R to the Ward Declaration is a true and correct excerpted copy of the

18 deposition transcript of Ravin Balakrishnan, dated April 20, 2012.

The deposition transcript

19 contains materials that Apple has designated AEO, and Samsung expects that Apple will file a
20 declaration pursuant to Civ. L.R. 79-5(d) establishing the document as confidential, and therefore
21 it should be sealed.
22

10.

Exhibit T to the Ward Declaration is a true and correct copy of the Expert Report of

23 Terry Musika, dated March 22, 2012, which contains materials that Apple has designated AEO,
24 and Samsung expects that Apple will file a declaration pursuant to Civ. L.R. 79-5(d) establishing
25 the document as confidential, and therefore it should be sealed.
26

11.

Exhibit U to the Ward Declaration is a true and correct copy of the Expert Rebuttal

27 Report of Terry Musika, dated April 16, 2012, contains materials that Apple has designated AEO,
28

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

1 and Samsung expects that Apple will file a declaration pursuant to Civ. L.R. 79-5(d) establishing
2 the document as confidential, and therefore it should be sealed.
3

12.

Exhibit V to the Ward Declaration is a true and correct excerpted copy of the

4 deposition transcript of Mark Buckley, dated February 23, 2012.

The deposition transcript

5 contains materials that Apple has designated AEO, and Samsung expects that Apple will file a
6 declaration pursuant to Civ. L.R. 79-5(d) establishing the document as confidential, and therefore
7 it should be sealed.
8

13.

Exhibit X to the Ward Declaration is a true and correct excerpted copy of the Non-

9 Infringement Expert Report of Tony Givargis, dated April 16, 2012, which contains materials that
10 Apple has designated AEO, and Samsung expects that Apple will file a declaration pursuant to
11 Civ. L.R. 79-5(d) establishing the document as confidential, and therefore it should be sealed.
12

14.

Exhibit B to the Price Declaration is a true and correct copy of a March 2, 2012

13 letter from Diane C. Hutnyan, counsel for Samsung, to Mia Mazza, counsel for Apple.

The letter

14 contains materials that Apple has designated AEO, and Samsung expects that Apple will file a
15 declaration pursuant to Civ. L.R. 79-5(d) establishing the document as confidential, and therefore
16 it should be sealed.
17

15.

Exhibit C to the Price Declaration is a true and correct copy of a March 7, 2012

18 letter from Diane C. Hutnyan to Mia Mazza.

The contents of this letter refer to confidential

19 materials, including the deposition of Mark Buckley, and should accordingly be sealed.
20

16.

Exhibit D to the Price Declaration is a true and correct copy of a March 12, 2012

21 letter from Diane C. Hutnyan to Mia Mazza.

The letter contains materials that Apple has

22 designated AEO, and Samsung expects that Apple will file a declaration pursuant to Civ. L.R. 7923 5(d) establishing the document as confidential, and therefore it should be sealed.
24

17.

Exhibit E to the Price Declaration is a true and correct copy of a March 13, 2012

25 letter from Diane C. Hutnyan to Jason Bartlett, counsel for Apple, and Mia Mazza.

The letter

26 contains materials that Apple has designated AEO, and Samsung expects that Apple will file a
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Case No. 11-cv-01846-LHK
-4WARD DECLARATION IN SUPPORT OF SAMSUNG’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS UNDER SEAL

1 declaration pursuant to Civ. L.R. 79-5(d) establishing the document as confidential, and therefore
2 it should be sealed.
3

18.

Exhibit F to the Price Declaration a true and correct copy of a March 18, 2012 letter

4 from Diane C. Hutnyan to Mia Mazza.

The letter contains materials that Apple has designated

5 AEO, and Samsung expects that Apple will file a declaration pursuant to Civ. L.R. 79-5(d)
6 establishing the document as confidential, and therefore it should be sealed.
7

19.

Exhibit G to the Price Declaration is a true and correct copy of a March 13, 2012

8 letter from Mia Mazza, to Sara Jenkins, counsel for Samsung.

The contents of this letter touch

9 upon Apple AEO materials and Apple financial/licensing information that should be sealed.
10

20.

Exhibit H to the Price Declaration is a true and correct copy of a March 15, 2012

11 letter from Mia Mazza, to Sara Jenkins, counsel for Samsung.

The letter contains materials that

12 Apple has designated AEO, and Samsung expects that Apple will file a declaration pursuant to
13 Civ. L.R. 79-5(d) establishing the document as confidential, and therefore it should be sealed.
14

21.

Exhibit I to the Price Declaration is a true and correct copy of a March 21, 2012

15 letter from Mia Mazza, to Diane C. Hutnyan, counsel for Samsung.

The letter contains materials

16 that Apple has designated AEO, and Samsung expects that Apple will file a declaration pursuant
17 to Civ. L.R. 79-5(d) establishing the document as confidential, and therefore it should be sealed.
18

22.

Exhibit J to the Price Declaration is a true and correct copy of an April 11, 2012

19 email from Mia Mazza to counsel for Samsung.

The contents of this email reference materials

20 that Apple has designated AEO, and therefore the email should be sealed.
21

23.

Exhibit K to the Price Declaration is a true and correct copy of a document

22 produced by Apple, Bates numbered APLNDC00001772330-R-2336-R, a purported replacement
23 for clawed back document Bates numbered APLNDC0001772330-APLND0001772340 (produced
24 February 5, 2012).

Exhibit L to the Price Declaration is a true and correct copy of APLNDC-

25 Y0000051350-R-1356-R, a purported replacement for clawed back document Bates numbered
26 APLNDC-Y0000051350-1356 (produced February 16, 2012.

Exhibit M to the Price Declaration

27 is a true and correct copy of a document produced by Apple, Bates numbered APLNDC28

Case No. 11-cv-01846-LHK
-5WARD DECLARATION IN SUPPORT OF SAMSUNG’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS UNDER SEAL

1 Y0000236371-R-6405-R, a purported replacement for clawed back document Bates numbered
2 APLNDC-Y0000232396-2430 (produced March 8, 2012) and APLNDC-Y0000236371-6405
3 (produced March 15, 2012).

Apple has designated these materials AEO, and Samsung expects

4 that Apple will file a declaration pursuant to Civ. L.R. 79-5(d) establishing the documents as
5 confidential, and therefore they should be sealed.
6

24.

Exhibit N to the Price Declaration is a true and correct copy of a Privilege Log

7 served by Apple on April 11, 2012.

Apple has designated this document AEO, and Samsung

8 expects that Apple will file a declaration pursuant to Civ. L.R. 79-5(d) establishing the document
9 as confidential, and therefore it should be sealed.
10

25.

Exhibit O to the Price Declaration is a true and correct copy of relevant excerpts of

11 the April 20, 2012 deposition of Vincent O’Brien.

Apple has designated this transcript AEO, and

12 Samsung expects that Apple will file a declaration pursuant to Civ. L.R. 79-5(d) establishing the
13 document as confidential, and therefore it should be sealed.
14

26.

Exhibits P, Q, and R to the Price Declaration are true and correct copies of three of

15 Apple’s patent license agreements, Bates numbered at APLNDC-WH0000726437-6474,
16 APLNDC-WH0000726475-6491, and APLNDC-WH0000725320-5352, respectively.

These

17 license agreements contain Apple CBI, and Samsung expects that Apple will file a declaration
18 pursuant to Civ. L. R. 79-5(d).

Apple has designated these materials AEO, and Samsung expects

19 that Apple will file a declaration pursuant to Civ. L.R. 79-5(d) establishing the documents as
20 confidential, and therefore they should be sealed.
21

27.

Exhibit S to the Price Declaration is a true and correct copy of another Apple patent

22 license agreement, Bates numbered APLNDC-WH-A0000031569-616.

Apple has designated

23 this document as AEO, and Samsung expects that Apple will file a declaration pursuant to Civ.
24 L.R. 79-5(d) establishing the document as confidential, and therefore it should be sealed.
25

28.

Exhibits Y, Z, AA, BB, CC, and DD to the Price Declaration are true and correct

26 copies of additional Apple patent license agreements, Bates numbered APLNDC27 WH0000726492-6505, APLNDC-WH0000726506-6522, APLNDC-WH0000726523-6533,
28

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

1 APLNDC-WH0000726534-6541, APLNDC-WH0000726542-6555, and APLNDC2 WH0000726556-6566, respectively.

Apple has designated these materials AEO, and Samsung

3 expects that Apple will file a declaration pursuant to Civ. L.R. 79-5(d) establishing the documents
4 as confidential, and therefore they should be sealed.
5

29.

Exhibit T to the Price Declaration is a true and correct copy of a May 11, 2012

6 letter from Diane C. Hutnyan to Peter J. Kolovos.

Exhibit X to the Price Declaration is a true

7 and correct copy a May 15, 2012 letter from Mr. Kolovos to Diane C. Hutnyan.

These letters

8 have been designated AEO and reference materials that are themselves AEO, and Samsung
9 expects that Apple will file a declaration pursuant to Civ. L.R. 79-5(d) establishing the letters as
10 confidential, and therefore they should be sealed.
11

30.

Exhibit U to the Price Declaration is a true and correct copy of a document

12 produced by Apple in an ITC proceeding, Bates numbered APL7940018045111-5113, containing
13 an email chain about an Apple licensing agreement with Digitude.

Exhibit V to the Price

14 Declaration is a document produced by Apple in an ITC proceeding, Bates numbered
15 APL7940018045114-5125, a draft “Assignment of License Agreement” with Digitude.

Apple

16 has designated these materials AEO, and Samsung expects that Apple will file a declaration
17 pursuant to Civ. L.R. 79-5(d) establishing the documents as confidential, and therefore they should
18 be sealed.
19

31.

Exhibit W to the Price Declaration is a true and correct copy of a document

20 produced by Apple in an ITC proceeding, Bates numbered APL7940018046927-6940, a draft of
21 an agreement between USC and Apple.

Apple has designated this document as AEO, and

22 Samsung expects that Apple will file a declaration pursuant to Civ. L.R. 79-5(d) establishing the
23 document as confidential, and therefore it should be sealed.
24

32.

Exhibit EE is a true and correct copy of relevant excerpts from the transcript of the

25 February 23, 2012 deposition of Mark Buckley.

Apple has designated this transcript AEO, and

26 Samsung expects that Apple will file a declaration pursuant to Civ. L.R. 79-5(d) establishing the
27 document as confidential, and therefore it should be sealed.
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Case No. 11-cv-01846-LHK
-7WARD DECLARATION IN SUPPORT OF SAMSUNG’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS UNDER SEAL

1

33.

Exhibits FF and GG to the Price Declaration are true and correct copies of

2 documents produced by Apple in this matter, Bates numbered at APLNDC-Y0000148459-8473
3 and APLNDC-Y0000148474-8478, respectively.

Apple has designated these materials AEO,

4 and Samsung expects that Apple will file a declaration pursuant to Civ. L.R. 79-5(d) establishing
5 the documents as confidential, and therefore they should be sealed.
6

34.

The confidential, unredacted version of the Price Declaration discusses Apple

7 Confidential Business Information and AEO materials, and Samsung expects that Apple will file a
8 declaration pursuant to Civ. L.R. 79-5(d) establishing the Declaration as confidential, and
9 therefore it should be sealed.
10

35.

The confidential, unredacted version of Samsung's Motion to Strike Expert

11 Testimony Based on Undisclosed Facts and Theories discusses and references the information
12 contained in the documents described in paragraphs 3-34, and should therefore be sealed for the
13 same reasons discussed above.
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I declare under penalty of perjury that the foregoing is true and correct.

Executed in New

16 York, New York on May 17, 2012.
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/s/ James J. Ward
James J. Ward

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Case No. 11-cv-01846-LHK
-8WARD DECLARATION IN SUPPORT OF SAMSUNG’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS UNDER SEAL

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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 James J. Ward.
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/s/ Victoria Maroulis

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Case No. 11-cv-01846-LHK
-9WARD DECLARATION IN SUPPORT OF SAMSUNG’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS UNDER SEAL