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

Filing 972

Declaration of Cyndi Wheeler in Support of #927 Administrative Motion to File Under Seal Samsung's Motion to Exclude Opinions of Certain of Apple's Experts filed byApple Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Declaration Of Mark D. Selwyn In Support Of Samsungs Administrative Motion To File Documents Under Seal Re Samsungs Motion To Exclude Opinions Of Certain Apple Experts, #6 Selwyn Exhibit 1, #7 Proposed Order [Proposed] Order Granting Samsungs Administrative Motion To File Documents Under Seal Re Samsungs Motion To Exclude Opinions Of Certain Apple Experts)(Related document(s) #927 ) (Bartlett, Jason) (Filed on 5/24/2012)

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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]

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,
Plaintiff,

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v.
SAMSUNG ELECTRONICS CO., LTD., a
Korean corporation; SAMSUNG
ELECTRONICS AMERICA, INC., a New
York corporation; and SAMSUNG
TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,

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Case No. 11-cv-01846-LHK
DECLARATION OF CYNDI WHEELER IN
SUPPORT OF SAMSUNG’S
ADMINISTRATIVE MOTION TO FILE
DOCUMENTS UNDER SEAL RE
SAMSUNG’S MOTION TO EXCLUDE
OPINIONS OF CERTAIN APPLE EXPERTS

Defendants.

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DECLARATION OF CYNDI WHEELER IN SUPPORT OF SAMSUNG’S MOTION TO FILE UNDER SEAL
CASE NO. 11-CV-01846-LHK
sf-3149916

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I, Cyndi Wheeler, hereby declare as follows:

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

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Samsung’s Administrative Motion to File Under Seal (D.N. 927) pursuant to Local Rules 7-11

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and 79-5. I have personal knowledge of the matters set forth below. If called as a witness I could

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and would competently testify as follows.

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2.

Samsung’s Motion to Exclude Opinions of Certain Apple Experts and the

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Declaration of Joby Martin in Support of Samsung’s Motion to Exclude Opinions of Certain

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Apple Experts contain Apple-confidential information. (See Declaration of Joby Martin in

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Support of Samsung’s Administrative Motion to File Documents Under Seal [appended to D.N.

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927]). A description of these documents follows.
3.

Exhibits 1-3, 5-7 and 10 of the Martin Declaration are the Expert Report of Terry

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Musika, the Supplemental Expert Report of Terry Musika, exhibits to those reports, and the

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transcript of the Musika deposition. Exhibits 11 and 12 to the Martin Declaration are the Expert

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Report of John Hauser and transcript of the Hauser deposition. These exhibits are damages-

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related expert reports and deposition transcript excerpts. The parties have stipulated that

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damages-related expert reports and deposition transcripts would be filed under seal in full and not

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on the public record. These documents contain confidential, proprietary market research and

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analysis, including information about the competitive landscape for mobile devices. This

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business information was created at a significant cost to Apple, and could be used by Apple's

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competitors to its disadvantage, particularly because it discusses Apple's direct competitors.

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These documents should be under seal in their entirety.

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4.

Exhibits 4 and 15 to the Martin Declaration are internal Apple marketing

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documents. They contain confidential, proprietary market research and analysis, including

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information about the competitive landscape for mobile devices. The documents should be under

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seal in their entirety.

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5.

Exhibit 8 to the Martin Declaration is Apple Inc.’s Corrected Amended Objections

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and Responses to Samsung Electronics Co., Ltd’s Interrogatory Nos. 4, 6, 7, 16, 17, and 18. It

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contains highly confidential and commercially sensitive business information, including
DECLARATION OF CYNDI WHEELER IN SUPPORT OF SAMSUNG’S MOTION TO FILE UNDER SEAL
CASE NO. 11-CV-01846-LHK
sf-3149916

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confidential information regarding licensing agreements and potential licensing agreements with

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business partners. A proposed redacted version is attached as Exhibit 1.

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6.

Exhibit 18 to the Martin Declaration is a chart containing descriptions of the

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technology claimed by the Apple patent in suit. Footnotes include links to videos from the

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Hauser report, which should remain under seal for the reasons above addressing damages-related

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material. A proposed redacted version is submitted as Exhibit 2.

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7.

Exhibits 20, 23, 26 and 27 to the Martin Declaration are the Expert Reports of

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Russell Winer and Sanjay Sood. These reports discuss trade secret information reflecting Apple’s

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product design process and the inner workings of Apple’s industrial design group. This

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information is highly sensitive and could be used by Apple’s competitors to Apple’s

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disadvantage. Proposed redacted versions of these exhibits are submitted as Exhibits 3 and 4,

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respectively.

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8.

Exhibit 32 to the Martin Declaration is the Expert Report of Richard L. Donaldson,

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Esq. This report contains Apple highly sensitive and confidential information. In particular, the

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report includes highly sensitive and confidential information about Apple's negotiations with

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Samsung and about Apple's current and past third-party patent licenses, which are subject to non-

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disclosure agreements and include third party highly sensitive and confidential information. This

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information is highly sensitive and could be used by Apple’s competitors to Apple’s

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disadvantage. A proposed redacted version is submitted as Exhibit 1 to the Declaration of Mark

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D. Selwyn in support of Samsung’s Administrative Motion to File Under Seal Samsung’s Motion

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to Exclude.

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9.

The portions of the confidential, unredacted versions of Samsung’s Motion to

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Exclude Opinions of Certain Apple Experts and the Declaration of Joby Martin containing

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information drawn from the exhibits above should remain under seal for the same reasons

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articulated above.

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10.

The portions of the confidential, unredacted versions of Samsung’s Motion to

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Exclude and the Martin Declaration containing the information drawn from the exhibits above

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should remain under seal for the same reasons articulated above.
DECLARATION OF CYNDI WHEELER IN SUPPORT OF SAMSUNG’S MOTION TO FILE UNDER SEAL
CASE NO. 11-CV-01846-LHK
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It is Apple’s policy not to disclose or describe its confidential financial

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information, licensing strategies or agreements, design and product development information,

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trade secrets, or business practices to third parties. The above information is confidential to

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Apple. It is indicative of the way that Apple manages its business affairs, designs its products,

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and conducts product development. Apple’s internal Apple code names reveal information that

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Apple uses to maintain confidentiality with respect to its entire design and development process.

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

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competitors to Apple’s disadvantage. The requested relief is necessary and narrowly tailored to

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protect the confidentiality of this information.

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Apple does not maintain a claim of confidentiality on Martin Declaration exhibits

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

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foregoing is true and correct to the best of my knowledge. Executed this 24th day of May, 2012,

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in Cupertino, California.

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/s/ Cyndi Wheeler
Cyndi Wheeler

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DECLARATION OF CYNDI WHEELER IN SUPPORT OF SAMSUNG’S MOTION TO FILE UNDER SEAL
CASE NO. 11-CV-01846-LHK
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ATTESTATION OF E-FILED SIGNATURE
I, Jason R. Bartlett, 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 Cyndi Wheeler has

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concurred in this filing.

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Dated: May 24, 2012

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By:

/s/ Jason R. Bartlett
Jason R. Bartlett

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DECLARATION OF CYNDI WHEELER IN SUPPORT OF SAMSUNG’S MOTION TO FILE UNDER SEAL
CASE NO. 11-CV-01846-LHK
sf-3149916

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