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).

Download PDF
1 2 3 4 5 6 7 8 9 HAROLD J. MCELHINNY (CA SBN 66781) hmcelhinny@mofo.com MICHAEL A. JACOBS (CA SBN 111664) mjacobs@mofo.com JENNIFER LEE TAYLOR (CA SBN 161368) jtaylor@mofo.com ALISON M. TUCHER (CA SBN 171363) atucher@mofo.com RICHARD S.J. HUNG (CA SBN 197425) rhung@mofo.com JASON R. BARTLETT (CA SBN 214530) jasonbartlett@mofo.com MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: (415) 268-7000 Facsimile: (415) 268-7522 10 WILLIAM F. LEE william.lee@wilmerhale.com WILMER CUTLER PICKERING HALE AND DORR LLP 60 State Street Boston, MA 02109 Telephone: (617) 526-6000 Facsimile: (617) 526-5000 MARK D. SELWYN (SBN 244180) mark.selwyn@wilmerhale.com WILMER CUTLER PICKERING HALE AND DORR LLP 950 Page Mill Road Palo Alto, California 94304 Telephone: (650) 858-6000 Facsimile: (650) 858-6100 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 ERICA TIERNEY IN SUPPORT OF APPLE’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL Defendants. 26 27 DECLARATION OF ERICA TIERNEY ISO APPLE’S MOTION TO FILE UNDER SEAL CASE NO. 4:11-cv-01846-LHK 1 I, Erica Tierney, 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. Apple’s Motion to Strike, and exhibits 21-24 to the Declaration of Marc J. Pernick 6 (“Pernick Declaration”) contain information that Apple treats as confidential in the ordinary 7 course of its business and/or that is confidential third party information. Specifically: 8 A. Exhibit 23 to the Pernick Declaration is an excerpt from the Expert Report 9 of Woodward Yang Regarding the Infringement of U.S. Patent Nos. US 10 7,577,460, US 7,456,893, US 7,698,711 and US 7,079,871. I understand 11 that Samsung has designated this Report Outside Attorneys’ Eyes Only. I 12 have seen only a redacted version of this Expert Report. Paragraphs 40 and 13 48 and exhibit 1A-1 of the attached excerpt contain non-public Apple 14 confidential information relating to Apple’s products and the source code 15 in Apple’s products, and could be used to Apple’s disadvantage by 16 competitors if it were not filed under seal. 17 B. Exhibit 24 to the Pernick Declaration is an excerpt from the Expert Report 18 of Tim A. Williams, Ph.D. on the Infringement of U.S. Patent Number 19 7,447,516. I understand that Samsung has designated this Report Outside 20 Attorneys’ Eyes Only. I have seen only a redacted version of this Expert 21 Report. Paragraphs 115, 116, 196 and 197 of the attached excerpt contain 22 non-public Apple confidential information relating to Apple’s products and 23 the source code in Apple’s products, and could be used to Apple’s 24 disadvantage by competitors if it were not filed under seal. 25 C. Exhibits 21 and 22 to the Pernick Declaration are Exhibits H and J to 26 Samsung’s P.L.R. 3-1 Disclosures. These exhibits contain non-public 27 Apple confidential information relating to Apple’s products and could be 28 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 1 D. The confidential, unredacted version of Apple’s Motion to Strike discusses 2 and references the information contained in paragraphs A-C above, and 3 should therefore be sealed for the same reasons. 4 3. It is Apple’s policy not to disclose or describe its confidential design and product 5 development information. The information that is described above is confidential to Apple. It is 6 indicative of the way that Apple designs its products. Apple is well known worldwide for its 7 corporate culture of carefully maintaining the confidentiality of its business information. If 8 disclosed, the information in the materials described above could be used by Apple’s competitors 9 to Apple’s disadvantage. 10 4. The relief requested in this motion is necessary and is narrowly tailored to protect 11 confidential information, focusing only on specific exhibits and specific portions of the briefs at 12 issue. 13 I declare under the penalty of perjury under the laws of the United States of America that 14 the forgoing is true and correct to the best of my knowledge and that this Declaration was 15 executed this 17th day of May, 2012, at Belmont, California. 16 17 Dated: May 17, 2012 By: _/S/_Erica Tierney___________ Erica Tierney 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF ERICA TIERNEY ISO APPLE’S MOTION TO FILE UNDER SEAL CASE NO. 4:11-cv-01846-LHK 1 2 ATTESTATION OF E-FILED SIGNATURE 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 Erica Tierney has 4 concurred in this filing. 5 Dated: May 17, 2012 6 By: /s/ 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 ERICA TIERNEY ISO APPLE’S MOTION TO FILE UNDER SEAL CASE NO. 4:11-cv-01846-LHK

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?