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]

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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
MARK D. SELWYN 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 MARK D. SELWYN ISO SAMSUNG’S MOTION TO FILE UNDER SEAL
CASE NO. 4:11-cv-01846-LHK

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I, Mark D. Selwyn, do hereby declare as follows:

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1.

I am a partner with the law firm of Wilmer Cutler Pickering Hale and Dorr LLP

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and counsel for plaintiff and counterclaim-defendant Apple Inc. (“Apple”). I am familiar with

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and knowledgeable about the facts stated in this declaration and if called upon could and would

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testify competently as to the statements made herein.

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2.

Samsung’s Motion to Exclude Opinions of Certain Apple Experts (“Motion to

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Exclude”), the Declaration of Joby Martin in Support of Samsung’s Motion to Exclude (“Martin

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Declaration”) and the Exhibits to the Martin Declaration contain information that Apple,

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Samsung or third parties have designated confidential. Specifically:

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A.

Exhibit 32 is the Expert Report of Richard L. Donaldson, Esq. As detailed

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in the Wheeler Declaration in Support of Samsung’s Administrative

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Motion to File Samsung’s Motion to Exclude Under Seal, the Donaldson

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Expert Report contains Apple highly sensitive and confidential

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information. This Report also contains references to information that

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Samsung has designated as Highly Confidential under the Protective Order,

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and for that additional reason Apple designated the Donaldson report as

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Highly Confidential-Attorneys' Eyes Only in accordance with the

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Protective Order entered in this Action. Accordingly, the redacted version

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of the Donaldson report submitted herewith by Apple redacts both the

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Apple confidential information and the references in that report to

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information that Samsung has designated as Highly Confidential under the

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Protective Order. A proposed redacted version is attached hereto as

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Exhibit 1.

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B.

Exhibit 34 contains excerpts from the deposition of Richard L. Donaldson

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on May 2, 2012. This transcript was designated Highly Confidential-

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Attorneys' Eyes Only in accordance with the Protective Order entered in

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this Action by both Apple and Samsung. The deposition excerpts include a

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discussion of a confidential Samsung agreement.
DECLARATION OF MARK D. SELWYN ISO SAMSUNG’S MOTION TO FILE UNDER SEAL
CASE NO. 4:11-cv-01846-LHK

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C.

The confidential, unredacted version of Samsung’s Motion to Exclude

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discusses and references the information contained in paragraphs A-B

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above, and should therefore be sealed for the same reasons.

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3.

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 24th day of May, 2012, at Palo Alto, California.

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Dated: May 24, 2012

By: __/s/ Mark D. Selwyn ____________
Mark D. Selwyn

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DECLARATION OF MARK D. SELWYN ISO SAMSUNG’S MOTION TO FILE UNDER SEAL
CASE NO. 4:11-cv-01846-LHK

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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing document has been
served on May 24, 2012 to all counsel of record who are deemed to have consented to electronic
service via the Court’s CM/ECF system per Civil Local Rule 5.4. Any other counsel of record
will be served by electronic mail, facsimile and/or overnight delivery.

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/s/ Mark D. Selwyn
Mark D. Selwyn

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ATTESTATION OF E-FILED SIGNATURE
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I, Jason R. Bartlett, am the ECF User whose ID and password are being used to file this
Declaration. In compliance with General Order 45, X.B., I hereby attest that Mark D. Selwyn has
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 MARK D. SELWYN ISO SAMSUNG’S MOTION TO FILE UNDER SEAL
CASE NO. 4:11-cv-01846-LHK