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

Filing 939

Administrative Motion to File Under Seal Apple's Administrative Motion to File Documents Under Seal filed by Apple Inc.. (Attachments: #1 Apple's Motion to Strike Portions of Samsung's Expert Reports, #2 Decl. of C. Wheeler, #3 Decl. of E. Tierney, #4 Decl. of M. Pernick, #5 Ex. 1, #6 Ex. 14, #7 Ex. 15, #8 Ex. 32, #9 Ex. 33, #10 Ex. 36, #11 Ex. 37, #12 Proposed Oder Granting Apple's Motion to Strike, #13 Proposed Order Granting Apple's Admin Motion)(Tucher, Alison) (Filed on 5/17/2012) Modified on 5/21/2012 attachment #2 and #3 sealed pursuant to General Order No. 62 (dhm, COURT STAFF).

1
2
3
4
5
6
7
8
9

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]

10

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]

11
12

Attorneys for Plaintiff and
Counterclaim-Defendant APPLE INC.

13
14
UNITED STATES DISTRICT COURT
15
NORTHERN DISTRICT OF CALIFORNIA
16
SAN JOSE DIVISION
17
18
APPLE INC., a California corporation,

Case No.

11-cv-01846-LHK (PSG)

19
Plaintiff,
20
v.
21
22
23
24
25

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
CYNDI WHEELER IN SUPPORT
OF APPLE’S ADMINISTRATIVE
MOTION TO FILE DOCUMENTS
UNDER SEAL RE MOTION TO
STRIKE PORTIONS OF
SAMSUNG’S EXPERT REPORTS

Defendants.

26
27

DECLARATION OF CYNDI WHEELER ISO APPLE’S MOTION TO FILE UNDER SEAL
CASE NO. 11-CV-01846-LHK
sf-3147202

1

I, Cyndi Wheeler, do hereby declare as follows:

2

1.

I am an attorney for Apple Inc. (“Apple”). I submit this declaration in support of

3

Apple’s Administrative Motion to File Documents Under Seal. I have personal knowledge of the

4

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

5

2.

Exhibits 2, 12, 13, 18, 19, 27, 31, 34, and 35 to the Declaration of Marc J. Pernick

6

in Support of Apple’s Motion to Strike Portions of Samsung’s Expert Reports (“Pernick

7

Declaration”) contain information that Apple treats as confidential in the ordinary course of its

8

business. Specifically:

9

A.

Exhibit 2 to the Pernick Declaration is the Expert Report of Stephen Gray

10

Regarding Invalidity of U.S. Patent Nos. 7,884,915 and 7,864,163. I

11

understand that Samsung has designated this report Outside Attorneys’

12

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

13

Paragraphs 138 and 293-297 of the report contain non-public Apple

14

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

15

Apple’s disadvantage by competitors if it were not filed under seal.

16

B.

Exhibit 12 to the Pernick Declaration is the Corrected Expert Report of

17

Dr. Brian Von Herzen on the Invalidity of U.S. Patents 7,663,607 and

18

7,920,129. I understand that Samsung has designated this report Outside

19

Attorneys’ Eyes Only. I have seen only a redacted version of this report.

20

Paragraphs 44, 113, 185, 191, 244, 444-458, 460, 564, 565, and 624 of the

21

report contain non-public Apple confidential information relating to

22

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

23

competitors if it were not filed under seal.

24

C.

Exhibit 13 to the Pernick Declaration is an April 29, 2012 letter from

25

Victoria F. Maroulis to Marc J. Pernick regarding Apple’s motion to strike

26

portions of Samsung’s expert reports. Pages 11 through 17 contain non-

27

public Apple confidential information relating to Apple’s products, and

28

DECLARATION OF CYNDI WHEELER ISO APPLE’S MOTION TO FILE UNDER SEAL
CASE NO. 11-CV-01846-LHK
sf-3147202

1

1

could be used to Apple’s disadvantage by competitors if it were not filed

2

under seal.

3

D.

Exhibit 18 to the Pernick Declaration is the Rebuttal Expert Report of

4

Dr. Brian Von Herzen Regarding Non-Infringement of U.S. Patents

5

7,663,607 and 7,920,129. I understand that Samsung has designated this

6

report Outside Attorneys’ Eyes Only. I have seen only a redacted version

7

of this report. Paragraphs 118, 133-135, 157, 238-239, and footnote 10 to

8

the report contain non-public Apple confidential information relating to

9

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

10
11

competitors if it were not filed under seal.
E.

Exhibit 19 to the Pernick Declaration is the Rebuttal Expert Report of

12

Stephen Gray Regarding Invalidity of U.S. Patent Nos. 7,884,915 and

13

7,864,163. I understand that Samsung has designated this report Outside

14

Attorneys’ Eyes Only. I have seen only a redacted version of this report.

15

Paragraphs 55 and 236 of the report contain non-public Apple confidential

16

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

17

disadvantage by competitors if it were not filed under seal.

18

F.

Exhibit 27 to the Pernick Declaration is the Corrected Expert Report of Itay

19

Sherman. I understand that Samsung has designated this report Outside

20

Attorneys’ Eyes Only. I have seen only a redacted version of this report.

21

Pages 48-50, 94-100, and 103-104 of the report contain non-public Apple

22

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

23

Apple’s disadvantage by competitors if it were not filed under seal.

24

G.

Exhibit 34 to the Pernick Declaration is the Supplemental Expert Report of

25

Michael J. Wagner. I understand that Samsung has designated this report

26

Outside Attorneys’ Eyes Only. I have seen only a redacted version of this

27

report. Paragraphs 20, 34, 37, and 38, and associated footnotes, and Figure

28

1, and Supplemental Schedules 14.1 and 14.2, of the report contain non-

DECLARATION OF CYNDI WHEELER ISO APPLE’S MOTION TO FILE UNDER SEAL
CASE NO. 11-CV-01846-LHK
sf-3147202

2

1

public Apple confidential information relating to Apple’s products, and

2

could be used to Apple’s disadvantage by competitors if they were not filed

3

under seal. In addition, the parties have stipulated that damages-related

4

expert reports will be submitted under seal in full and not on the public

5

record.

6

H.

Exhibits 31 and 35 to the Pernick Declaration are excerpts of the Corrected

7

Expert Report of Michael Wagner and of Mr. Wagner’s Deposition,

8

respectively. I understand that Samsung has designated these materials

9

Outside Attorneys’ Eyes Only. The parties have stipulated that damages-

10

related expert reports will be submitted under seal in full and not on the

11

public record.

12

3.

In addition, to the extent Apple’s Motion to Strike Portions of Samsung’s Expert

13

Reports and the Pernick Declaration refer to or quote from these portions of these reports, they

14

could be used to Apple’s disadvantage by competitors if they were not filed under seal, for the

15

same reasons.

16

4.

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

17

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

18

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

19

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

20

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

21

to Apple’s disadvantage.

22

///

23

///

24

///

25

///

26

///

27

///

28

///

DECLARATION OF CYNDI WHEELER ISO APPLE’S MOTION TO FILE UNDER SEAL
CASE NO. 11-CV-01846-LHK
sf-3147202

3

1

5.

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

2

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

3

issue.

4

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

5

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

6

executed this 17th day of May, 2012, at Cupertino, California.

7
8

Dated: May 17, 2012

By: /s/ Cyndi Wheeler____________________
Cyndi Wheeler

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

DECLARATION OF CYNDI WHEELER ISO APPLE’S MOTION TO FILE UNDER SEAL
CASE NO. 11-CV-01846-LHK
sf-3147202

4

1

ATTESTATION OF E-FILED SIGNATURE

2

I, Alison M. Tucher, am the ECF User whose ID and password are being used to file this

3

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

4

concurred in this filing.

5

Dated: May 17, 2012

6

By:

/s/ Alison M. Tucher
Alison M. Tucher

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

DECLARATION OF CYNDI WHEELER ISO APPLE’S MOTION TO FILE UNDER SEAL
CASE NO. 11-CV-01846-LHK
sf-3147202

5