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]

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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 STRIKE EXPERT
TESTIMONY

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 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 information that Apple,

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Samsung or third parties have designated confidential. Specifically:
A.

Exhibit L to the Ward Declaration is an excerpt from the Expert Report of

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Tony D. Givargis, Ph.D. Regarding Invalidity of the Asserted Claims of

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U.S. Patent No. 7,698,711. Exhibit L contains redactions supplied by

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Samsung’s counsel. In addition to those redactions, paragraph 99 of Apple

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Expert Tony Givargis’s Expert Report contains confidential information

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supplied by third party Sony Ericsson. A proposed redacted version is

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attached hereto as Exhibit 1.

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B.

Exhibit O to the Price Declaration is an excerpt from the deposition of

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Samsung Expert Vincent O’Brien, held on April 20, 2012. This transcript

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was designated Highly Confidential-Attorneys' Eyes Only in accordance

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with the Protective Order entered in this Action by Apple. The deposition

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includes confidential information regarding Apple licenses. A proposed

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redacted version is attached hereto as Exhibit 2.

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C.

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

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

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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