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

Filing 953

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 Samsung's Conditional Motion for Relief From Nondispositive Pretrial Order of Magistrate Judge, #2 Declaration of Mark Tung, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 10, #6 Proposed Order Granting Samsung's Administrative Motion to File Documents Under Seal)(Maroulis, Victoria) (Filed on 5/18/2012)

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Cal. Bar No. 170151)
 [e-mail]
50 California Street, 22nd Floor
 San Francisco, California 94111
Telephone: [phone]
 Facsimile: [phone]
 Kevin P.B. Johnson (Cal. Bar No. 177129)
[e-mail]
 Victoria F. Maroulis (Cal. Bar No. 202603)
[e-mail]
 555 Twin Dolphin Drive 5th Floor
Redwood Shores, California 94065
 Telephone: [phone]
Facsimile: [phone]

Michael T. Zeller (Cal. 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



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,

Defendants.






Case No. 11-cv-01846-LHK
SAMSUNG’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL

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Pursuant to Civil L.R. 7-11 and 79-5, and General Order No. 62, Defendants Samsung

2 Electronics Co. Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications
3 America, LLC (collectively, ―Samsung‖) hereby bring this administrative motion for an order to
4 seal:
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1. The confidential, unredacted Declaration of Mark Tung In Support of Samsung's

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Conditional Motion For Relief From Nondispositive Order of Magistrate Judge

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("Tung Declaration"); and

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2. Exhibits 3 – 9 and 11 – 15 to the Tung Declaration.
Samsung has established good cause to permit filing these documents under seal through

10 the appended Declaration of Joby Martin in Support of Samsung’s Administrative Motion to File
11 Documents Under Seal.

In short, the above documents discuss, refer to, or comprise

12 interrogatory objections that were properly designated as HIGHLY CONFIDENTIAL —
13 ATTORNEYS' EYES ONLY.
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Pursuant to General Order No. 62, Samsung’s entire filing will be lodged with the Court

15 for in camera review and served on all parties.
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17 DATED: May 18, 2012
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QUINN EMANUEL URQUHART &
SULLIVAN, LLP

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By /s/ Victoria Maroulis
Charles K. Verhoeven
Kevin P.B. Johnson
Victoria F. Maroulis
Michael T. Zeller
Attorneys for SAMSUNG ELECTRONICS CO.,
LTD., SAMSUNG ELECTRONICS AMERICA,
INC., and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC

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Case No. 11-cv-01846-LHK
-1SAMSUNG’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL

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DECLARATION OF JOBY MARTIN

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I, Joby Martin, declare:

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1.

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

4 counsel for Samsung Electronics Co., Ltd., Samsung Electronics America, Inc. and Samsung
5 Telecommunications America, LLC (collectively, ―Samsung‖). Unless otherwise indicated, I
6 have personal knowledge of the facts set forth in this declaration and, if called upon as a witness, I
7 could and would testify as follows.
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2.

The requested relief is necessary to protect the confidentiality of information

9 contained in the Declaration of Mark Tung In Support of Samsung's Conditional Motion For
10 Relief From Nondispositive Pretrial Order of Magistrate Judge ("Tung Declaration."), and
11 Exhibits 3 – 9 and 11 – 15 thereto.
12

3.

Exhibit 3 to the Tung Declaration consists of excerpts from the May 12, 2012

13 deposition transcript of Dr. Michael Wagner, which is designated as HIGHLY CONFIDENTIAL
14 — ATTORNEY'S EYES ONLY. This document contains sensitive commercial information
15 concerning Samsung's calculation the costs associated with developing alternatives to the Apple
16 patents-in-suit.

This information is confidential and proprietary to Samsung, disclosed to Dr.

17 Wagner under the protective order in this action, and could be used to Samsung's disadvantage by
18 competitors if it were not filed under seal.
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4.

Exhibit 4 to the Tung Declaration is a copy of Samsung's Supplemental Objections

20 and Responses to Apple's Seventh Set of Interrogatories (No. 16). This document contains
21 sensitive commercial information concerning Samsung's actual or contemplated efforts to develop
22 alternatives to the Apple patents-in-suit, most of which have not yet been released to the public.
23 This information is confidential and proprietary to Samsung, and could be used to its disadvantage
24 by competitors if it were not filed under seal.
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5.

Exhibit 5 to the Tung Declaration consists of excerpts from the February 1, 2012

26 deposition transcript of Qi Ling, which is designated as HIGHLY CONFIDENTIAL —
27 ATTORNEY'S EYES ONLY. This document contains highly sensitive commercial information
28 concerning the design and development of Samsung products and technology, including source
Case No. 11-cv-01846-LHK
-2SAMSUNG’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL

1 code. This information is confidential and proprietary to Samsung, and could be used to its
2 disadvantage by competitors if it were not filed under seal.
3

6.

Exhibit 6 to the Tung Declaration consists of excerpts from the January 12, 2012

4 deposition transcript of Wookyun Kho, which is designated as HIGHLY CONFIDENTIAL —
5 ATTORNEY'S EYES ONLY. This document contains highly sensitive commercial information
6 concerning the design and development of Samsung products and technology, including source
7 code. This information is confidential and proprietary to Samsung, and could be used to its
8 disadvantage by competitors if it were not filed under seal.
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7.

Exhibit 7 to the Tung Declaration consists of excerpts from the March 8, 2012

10 deposition transcript of Ioi Lam, which is designated as HIGHLY CONFIDENTIAL —
11 ATTORNEY'S EYES ONLY. This document contains highly sensitive commercial information
12 concerning the design and development of Samsung products and technology, including source
13 code. This information is confidential and proprietary to Samsung, and could be used to its
14 disadvantage by competitors if it were not filed under seal.
15

8.

Exhibit 8 to the Tung Declaration consists of excerpts from the January 27, 2012

16 deposition transcript of Jaegwan Shin, which is designated as HIGHLY CONFIDENTIAL —
17 ATTORNEY'S EYES ONLY. This document contains highly sensitive commercial information
18 concerning the design and development of Samsung products and technology, including source
19 code. This information is confidential and proprietary to Samsung, and could be used to its
20 disadvantage by competitors if it were not filed under seal.
21

9.

Exhibit 9 to the Tung Declaration consists of excerpts from the April 26, 2012

22 deposition transcript of Jeffrey Johnson, which is designated as HIGHLY CONFIDENTIAL —
23 ATTORNEY'S EYES ONLY. This document contains highly sensitive commercial information
24 concerning the design and development of Samsung products and technology, including source
25 code. This information is confidential and proprietary to Samsung, disclosed to Dr. Johnson
26 under the protective order in this action, and could be used to Samsung's disadvantage by
27 competitors if it were not filed under seal.
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Case No. 11-cv-01846-LHK
-3SAMSUNG’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL

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10.

Exhibit 11 to the Tung Declaration consists of excerpts from the August 16, 2011

2 deposition transcript of Apple's infringement expert, Dr. Ravin Balakrishnan, which is designated
3 as HIGHLY CONFIDENTIAL — ATTORNEY'S EYES ONLY.

This document contains

4 confidential business information regarding the operation of the accused Samsung devices. This
5 information is confidential and proprietary to Samsung, and could be used to its disadvantage by
6 competitors if it were not filed under seal.
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11.

Exhibit 12 to the Tung Declaration consists of excerpts from the Expert Report of

8 Ravin Balakrishnan, Ph.D. Regarding Infringement of U.S. Patent No. 7,469,381, which is
9 designated as HIGHLY CONFIDENTIAL — ATTORNEY'S EYES ONLY. This document
10 contains references to both Apple and Samsung source code, confidential information regarding
11 the conception of Apple’s patents, and excerpts of confidential deposition testimony from Apple
12 and Samsung employees regarding the asserted patents and the accused Samsung devices. This
13 information, as it relates to Samsung, is confidential and proprietary to Samsung, and could be
14 used to its disadvantage by competitors if it were not filed under seal.
15

12.

Exhibit 13 to the Tung Declaration consists of excerpts from the April 20, 2012

16 deposition transcript of Apple's infringement expert, Dr. Ravin Balakrishnan, which is designated
17 as HIGHLY CONFIDENTIAL — ATTORNEY'S EYES ONLY. This document contains
18 discussion of Samsung source code, as well as confidential business information regarding the
19 operation of the accused Samsung devices. This information is confidential and proprietary to
20 Samsung, and could be used to its disadvantage by competitors if it were not filed under seal.
21

13.

Exhibit 14 to the Tung Declaration consists of excerpts from the April 26, 2012

22 deposition transcript of Apple's infringement expert, Dr. Karan Singh , which is designated as
23 HIGHLY CONFIDENTIAL — ATTORNEY'S EYES ONLY.

This document contains

24 discussion of Samsung source code, as well as confidential business information regarding the
25 operation of the accused Samsung devices. This information is confidential and proprietary to
26 Samsung, and could be used to its disadvantage by competitors if it were not filed under seal.
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14.

Exhibit 15 to the Tung Declaration consists of excerpts from the Expert Report of

28 Karan Singh, Ph.D., Regarding Infringement of U.S. Patents Nos. 7,864,163, 7,844,915 and
Case No. 11-cv-01846-LHK
-4SAMSUNG’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL

1 7,853,891.

This document contains references to both Apple and Samsung source code,

2 confidential information regarding the conception of Apple’s patents, and excerpts of confidential
3 deposition testimony from Apple and Samsung employees regarding the asserted patents and the
4 accused Samsung devices.

This information, as it relates to Samsung, is confidential and

5 proprietary to Samsung, and could be used to its disadvantage by competitors if it were not filed
6 under seal.
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15.

The confidential, unredacted version of the Tung Declaration discusses, references,

8 or cites to the documents mentioned in paragraphs 3 – 14.

The Tung Declaration is therefore

9 sealable for all of the reasons discussed above.
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I declare under penalty of perjury that the foregoing is true and correct.

Executed in San

12 Francisco, California on May 18, 2012.
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/s/ Joby Martin
Joby Martin

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Case No. 11-cv-01846-LHK
-5SAMSUNG’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL