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

Filing 974

Declaration of Cyndi Wheeler in Support of #934 Administrative Motion to File Under Seal Re Samsungs Motion To Strike Expert Testimony 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 Declaration Of Mark D. Selwyn In Support Of Samsungs Administrative Motion To File Documents Under Seal Re Samsungs Motion To Strike Expert Testimony, #14 Selwyn Decl. Ex. 1, #15 Selwyn Decl. Ex. 2, #16 Proposed Order [Proposed] Order Granting Samsungs Administrative Motion To File Documents Under Seal Re Samsungs Motion To Strike Expert Testimony)(Related document(s) #934 ) (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 STRIKE
EXPERT TESTIMONY

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
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I, Cyndi Wheeler, hereby declare as follows:

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1.

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. 934) 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 Strike Expert Testimony (“Samsung’s Motion to Strike”),

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the Declaration of Christopher E. Price in Support of Samsung’s Motion to Strike (“Price

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Declaration”), the Declaration of James Ward in Support of Samsung’s Motion to Strike (“Ward

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Declaration”), and Exhibits to the Price and Ward Declarations contain Apple-confidential

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information. (See Declaration of James Ward in Support of Samsung’s Administrative Motion to

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File Documents Under Seal [D.N. 934-2].) A description of these documents follows.

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3.

Ward Declaration Exhibit E is Apple’s Corrected and Amended Objections and

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Responses to Samsung’s Interrogatories 4, 6, 7, 16, 17 and 18. It contains highly confidential and

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commercially sensitive business information, including Apple’s advertising expenditures and

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confidential discussions between the parties relating to legal disputes. A proposed redacted

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version is attached as Exhibit 1.

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4.

Ward Declaration Exhibit H is Apple’s Objections and Responses to Samsung’s

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Fourth Set of Interrogatories. It contains confidential product development information on pages

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64 and 65. A proposed redacted version is attached as Exhibit 2.

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5.

Ward Declaration Exhibit K is excerpts from the Sood Deposition. It contains

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confidential information about Apple’s design and product development at 155:1-156:25 and

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165:1-167:23. A proposed redacted version is attached as Exhibit 3.

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6.

Ward Declaration Exhibit O is excerpts from the Givargis Deposition on April 23,

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2012. It contains non-public Apple confidential information relating to Apple’s products and the

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components in Apple’s products, and could be used to Apple’s disadvantage by competitors if it

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were not filed under seal. A proposed redacted version is attached as Exhibit 4.

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Ward Declarations Exhibits T and U are the Expert Report and Rebuttal Report of

Terry Musika. The parties have stipulated that that damages-related expert reports will be
DECLARATION OF CYNDI WHEELER IN SUPPORT OF SAMSUNG’S MOTION TO FILE UNDER SEAL
CASE NO. 11-CV-01846-LHK
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submitted under seal in full and not on the public record. These documents contain confidential,

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proprietary market research and analysis, including information about the competitive landscape

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for mobile devices. This business information was created at a significant cost to Apple, and

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could be used by Apple's competitors to its disadvantage, particularly because it discusses Apple's

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direct competitors. These documents should be under seal in their entirety.

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Ward Declaration Exhibit V is an excerpt from the Buckley Deposition, which

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contains specific non-public financial data that is highly confidential to the company. A proposed

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redacted version is attached as Exhibit 5.

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Ward Declaration Exhibit X is the Expert Report of Tony Givargis, Ph.D.

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Regarding Non-Infringement of the Asserted Claims of U.S. Patent No. 7,698,711. It contains

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non-public Apple confidential information relating to Apple’s products, the components in

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Apple’s products and Apple's source code, and could be used to Apple’s disadvantage by

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competitors if it were not filed under seal. A proposed redacted version is attached as Exhibit 6.

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10.

Price Declaration Exhibit B is a letter from Diane Hutnyan, counsel for Samsung,

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to Mia Mazza, counsel for Apple, which contains specific non-public financial data that is highly

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confidential to the company. A proposed redacted version is attached as Exhibit 7.

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11.

Price Declarations Exhibits C, D and F are letters from Diane Hutnyan to Mia

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Mazza that contain specific non-public financial data that is highly confidential to the company.

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They should be sealed in full.

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12.

Price Declaration Exhibit E is a letter from Diane Hutnyan to Mia Mazza and

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Jason Bartlett, counsel for Apple, which contains specific non-public financial data that is highly

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confidential to the company. A proposed redacted version is attached as Exhibit 8.

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Price Declaration Exhibit H is a letter from Mia Mazza to Sarah Jenkins, counsel

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for Samsung, which contains specific non-public financial data that is highly confidential to the

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company. A proposed redacted version is attached as Exhibit 9.

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Price Declaration Exhibit I is a letter from Mia Mazza to Diane Hutnyan, which

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contains specific non-public financial data that is highly confidential to the company. A proposed

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redacted version is attached as Exhibit 10.
DECLARATION OF CYNDI WHEELER IN SUPPORT OF SAMSUNG’S MOTION TO FILE UNDER SEAL
CASE NO. 11-CV-01846-LHK
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Price Declarations Exhibits K, L, M, FF and GG are documents that contain

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specific non-public financial data that is highly confidential to the company and should be sealed

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in their entirety.

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Price Declarations Exhibits P, Q, R, S, Y, Z, AA-DD are license agreements

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between Apple and third parties, which are subject to non-disclosure agreements and contain

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proprietary information that is highly sensitive and highly confidential to the company and to

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those third parties. These exhibits should be sealed in their entirety.

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Price Declaration Exhibit T is a Letter from Diane Hutnyan to Peter Kolovos,

which discusses royalty reports and confidential license agreements between Apple and third

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parties, which are subject to non-disclosure agreements. The documents discussed contain Apple

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and third party proprietary information that is highly sensitive and highly confidential to the

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company and to those third parties. A proposed redacted version is attached as Exhibit 11.

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Price Declaration Exhibit U is an email chain containing confidential business

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information regarding Apple’s licensing practices with third parties and discussing provisions of a

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license containing highly sensitive and highly confidential Apple and third party information.

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This exhibit should be sealed in its entirety.

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Price Declarations Exhibits V and W are draft license agreements with third

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parties and contain proprietary information that is highly confidential to the company and to those

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third parties. These Exhibits should be sealed in their entirety.

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Price Declaration Exhibit X is a Letter from Peter Kolovos to Diane Hutnyan,

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which discusses Apple’s confidential licensing and royalty policies and confidential license

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agreements between Apple and third parties, which are subject to non-disclosure agreements.

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The documents discussed contain Apple and third party proprietary information that is highly

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sensitive and highly confidential to the company and to those third parties. A proposed redacted

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version is attached as Exhibit 12.

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21.

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

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Strike, the Price Declaration, and the Ward Declaration containing information drawn from the

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exhibits above 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, royalties, design and product development

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

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

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its products, and conducts product development. Apple’s internal Apple code names reveal

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information that Apple uses to maintain confidentiality with respect to its entire design and

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development process. If disclosed, the information in the materials described above could be

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used by Apple’s competitors to Apple’s disadvantage. The requested relief is necessary and

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narrowly tailored to protect the confidentiality of this information.

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Apple is not maintaining a claim of confidentiality with respect to Ward

Declaration Exhibits M or R; or Price Declaration Exhibits G, J, N, or EE.

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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, 2011

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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-3149925

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