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

Filing 973

Declaration of Cyndi Wheeler in Support of #930 Administrative Motion to File Under Seal Samsung's Motion for Summary Judgment filed byApple Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Declaration Of Mark D. Selwyn In Support Of Samsungs Administrative Motion To File Documents Under Seal Re Samsungs Motion For Summary Judgment, #19 Proposed Order [Proposed] Order Granting Samsungs Administrative Motion To File Documents Under Seal Re Samsungs Motion For Summary Judgment)(Related document(s) #930 ) (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
FOR SUMMARY JUDGMENT

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 for Summary Judgment, the Declaration of Brett Arnold in

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Support of Samsung’s Motion for Summary Judgment and Exhibit 82 to the Arnold Declaration,

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contain information that Apple and/or Samsung have designated confidential. Specifically:

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A.

Exhibit 82 is an excerpt from the deposition of Janusz A. Ordover, dated

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April 27, 2012. This transcript is marked Highly Confidential-Attorneys'

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Eyes Only in accordance with the Protective Order. Pages 247-48 and 254-

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55 contain testimony regarding confidential negotiations between Apple

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and Samsung.

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B.

The confidential, unredacted version of Samsung’s Motion for Summary

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Judgment discusses and references the information contained in paragraph

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A 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