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).

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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 to Strike, and exhibits 21-24 to the Declaration of Marc J. Pernick

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(“Pernick Declaration”) contain information that Apple treats as confidential in the ordinary

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course of its business and/or that is confidential third party information. Specifically:

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A.

Exhibit 23 to the Pernick Declaration is an excerpt from the Expert Report

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of 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 and

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48 and exhibit 1A-1 of the attached excerpt contain non-public Apple

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

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

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competitors if it were not filed under seal.

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B.

Exhibit 24 to the Pernick Declaration is an excerpt from the Expert Report

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of Tim A. Williams, Ph.D. on the Infringement of U.S. Patent Number

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7,447,516. I understand that Samsung has designated this Report Outside

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

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Report. Paragraphs 115, 116, 196 and 197 of the attached excerpt contain

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non-public Apple confidential information relating to Apple’s products and

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the source code in 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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C.

Exhibits 21 and 22 to the Pernick Declaration are Exhibits H and J to

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Samsung’s P.L.R. 3-1 Disclosures. These exhibits contain non-public

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

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used to Apple’s disadvantage by competitors if it were not filed under seal.
DECLARATION OF ERICA TIERNEY ISO APPLE’S MOTION TO FILE UNDER SEAL
CASE NO. 4:11-cv-01846-LHK

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D.

The confidential, unredacted version of Apple’s Motion to Strike discusses

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and references the information contained in paragraphs A-C above, and

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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
I, Alison M. Tucher, 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/
Alison M. Tucher

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