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

Filing 976

Declaration of Joby Martin in Support of #940 Administrative Motion to File Under Seal Apple Inc.s Administrative Motion To File Documents Under Seal Re Apples Motion To Exclude Testimony Of Samsungs Experts filed bySamsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Attachments: #1 Proposed Order Granting Apple's Administrative Motion to File Documents Under Seal)(Related document(s) #940 ) (Maroulis, Victoria) (Filed on 5/24/2012)

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Bar No. 170151)
 [e-mail]
50 California Street, 22nd Floor
 San Francisco, California 94111
Telephone: [phone]
 Facsimile: [phone]
 Kevin P.B. Johnson (Bar No. 177129)
[e-mail]
 Victoria F. Maroulis (Bar No. 202603)
[e-mail]
th
 555 Twin Dolphin Drive, 5 Floor
Redwood Shores, California 94065-2139
 Telephone: [phone]
Facsimile: [phone]

Michael T. Zeller (Bar No. 196417)
 [e-mail]
865 S. Figueroa St., 10th Floor
 Los Angeles, California 90017
Telephone: [phone]
 Facsimile: [phone]
 Attorneys for SAMSUNG ELECTRONICS CO.,
LTD., SAMSUNG ELECTRONICS AMERICA,
 INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC



UNITED STATES DISTRICT COURT



NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION


 APPLE INC., a California corporation,

CASE NO. 11-cv-01846-LHK



DECLARATION OF JOBY MARTIN IN
SUPPORT OF APPLE'S
ADMINISTRATIVE MOTION TO FILE
DOCUMENTS UNDER SEAL,
PURSUANT TO LOCAL RULE 79-5(d)



Plaintiff,
vs.

 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,

Defendants.





Case No. 11-cv-01846-LHK
DECLARATION OF JOBY MARTIN IN SUPPORT OF APPLE’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS UNDER SEAL

1

Pursuant to Civil L.R. 79-5(d), Defendants Samsung Electronics Co., Ltd., Samsung

2 Electronics America, Inc., and Samsung Telecommunications America, LLC (collectively,
3 ―Samsung‖) submit the appended declaration of Joby Martin in support of Apple’s Administrative
4 Motion to File Documents Under Seal (Dkt. No. 940), to establish that the following are sealable:
5

•

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(―Motion to Exclude‖);
•

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Confidential portions of Apple’s Motion to Exclude Testimony of Samsung’s Experts

Exhibits 3, 11, 24, and 27 to the Declaration of Jason Bartlett Iin Support of Apple's
Motion to Exclude ("Barlett Declaration"); and

•

10

The Declaration of Russell S. Winer in Support of Apple’s Motion to Exclude ("Winer
Declaration"), and Exhibit 1 thereto.

11

DECLARATION OF JOBY MARTIN

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I, Joby Martin, do hereby declare as follows:

13

1.

I am an associate at Quinn Emanuel Urquhart & Sullivan LLP, counsel for

14 Samsung. I submit this Declaration in support of Apple’s Administrative Motion to File
15 Documents Under Seal (Dkt. No. 940). I have personal knowledge of the facts set forth in this
16 Declaration and, if called as a witness, could and would competently testify to them.
17

2.

Exhibit 3 to the Bartlett Declaration consists of excerpts from the April 20, 2012

18 deposition transcript of Itay Sherman. These excerptsis document, which haves been designated
19 HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY, contains confidential information
20 regarding Samsung's design and development process and considerations that factor into that
21 process. This information is confidential and proprietary to Samsung and third parties, and could
22 be used by competitors to Samsung’s and the third parties’ competitive detrimenttheir if not filed
23 under seal.
24

3.

Exhibit 11 to the Bartlett Declaration consists of excerpts from the May 9, 2012,

25 deposition transcript of Samuel Lucente. These excerptsis document, which haves been
26 designated HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY, contains confidential
27 information regarding the design and development of Samsung's user interface designs, contained
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Case No. 11-cv-01846-LHK
-2DECLARATION OF JOBY MARTIN IN SUPPORT OF APPLE’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS UNDER SEAL

1 in reports and presentations circulated within Samsung. This information is confidential and
2 proprietary to Samsung and could be used by competitors to its detriment if not filed under seal.
3

4.

Exhibit 24 to the Bartlett Declaration consists of excerpts from the February 22,

4 2012 deposition transcript of Timothy Benner. These excerptsis document, which haves been
5 designated HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY, contains confidential
6 information regarding customer surveys and market research conducted by Samsung. This
7 information is confidential and proprietary to Samsung and could be used by competitors to its
8 detriment if not filed under seal.
9

5.

Exhibit 27 to the Bartlett Declaration is a copy of the J.D. Power and Associates:

10 2011 Wireless Smartphone Satisfaction Study(SM) – Management Report, produced by Samsung
11 in this litigation bearing Bates label SAMNDCA10246338-445. This document, which has been
12 designated HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY, contains confidential
13 information regarding customer surveys and market research conducted on behalf ofby Samsung.
14 This information is confidential and proprietary to Samsung and could be used by competitors to
15 its detriment if not filed under seal.
16

6.

Exhibit 1 to the Winer Declaration consists of the results offrom Professor Winer's

17 purported attempt to replicate the analysis of Michael Wagner in Figures 49 and 51 of Mr.the
18 Wagner’s April 16, 2012 report. This document discusses, references or cites to confidential
19 information regarding customer surveys and market research conducted by or on behalf of
20 Samsung, as described in the Wagner Report. This information is confidential and proprietary to
21 Samsung and could be used by competitors to its detriment if not filed under seal.
22

7.

The Winer Declaration contains commercially sensitive information regarding

23 customer surveys and market research conducted by or on behalf of Samsung, as described in the
24 confidential deposition and expert reports of Michael J. Wagner, Samsung's damages expert. This
25 information is confidential and proprietary to Samsung and could be used by competitors to its
26 detriment if not filed under seal.
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Case No. 11-cv-01846-LHK
-3DECLARATION OF JOBY MARTIN IN SUPPORT OF APPLE’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS UNDER SEAL

1

8.

Apple’s Motion to Exclude summarizes, describes and/or directly cites to the

2 confidential Winer Declaration and the confidential exhibits discussed in paragraphs 2 through 7,
3 above. Therefore, the Mmotion should remain under seal for the same reasons articulated above.
4

9.

The requested relief is necessary and narrowly tailored to protect this confidential

5 information.
6
7

I declare under penalty of perjury that the forgoing is true and correct to the best of my

8 knowledge.
9

Executed this 24th day of May, 2012, in San Francisco, CA.

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/s/ Joby Martin
Joby Martin

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Case No. 11-cv-01846-LHK
-4DECLARATION OF JOBY MARTIN IN SUPPORT OF APPLE’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS UNDER SEAL

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General Order 45 Attestation
I, Victoria F. Maroulis, am the ECF user whose ID and password are being used to file this

3 Declaration. In compliance with General Order 45(X)(B), I hereby attest that Joby Martin has
4 concurred in this filing.
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/s/ Victoria Maroulis

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Case No. 11-cv-01846-LHK
-5DECLARATION OF JOBY MARTIN IN SUPPORT OF APPLE’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS UNDER SEAL