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

Filing 991

Administrative Motion to File Under Seal Documents Re Apples Opposition To Samsungs Motion To Exclude Opinions Of Certain Of Apple Experts filed by Apple Inc.. (Attachments: #1 Declaration Of Cyndi Wheeler In Support Of Apples Administrative Motion To File Under Seal Documents Re Apples Opposition to Exclude Apple Experts Opinions, #2 [Proposed] Order Granting Apples Administrative Motion To File Under Seal, #3 Apples Opposition To Samsungs Motion To Exclude Opinions Of Certain Of Apples Experts, #4 Declaration Of Mia Mazza In Support Of Apples Opposition To Samsungs Motion To Exclude Opinions Of Certain Of Apples Experts, #5 Exhibit Mazza Decl. Ex. D, #6 Exhibit Mazza Decl. Ex. F, #7 Exhibit Mazza Decl. Ex. G, #8 Exhibit Mazza Decl. Ex. J, #9 Exhibit Mazza Decl. Ex. K, #10 Exhibit Mazza Decl. Ex. L, #11 Exhibit Mazza Decl. Ex. R, #12 Exhibit Mazza Decl. Ex. S, #13 Exhibit Mazza Decl. Ex. T, #14 Exhibit Mazza Decl. Ex. U, #15 Exhibit Mazza Decl. Ex. V, #16 Exhibit Hauser Decl. Ex. B, #17 Exhibit Hauser Decl. Ex. C, #18 Exhibit Hauser Decl. Ex. D, #19 Exhibit Hauser Decl. Ex. E, #20 Exhibit Musika Decl. Ex. S, #21 Exhibit Musika Decl. Ex. T, #22 Exhibit Musika Decl. Ex. U, #23 [Proposed] Order Denying Samsungs Motion To Exclude Opinions Of Apples Experts)(Jacobs, Michael) (Filed on 5/31/2012) Modified on 6/3/2012 attachment #1 Sealed pursuant to General Order No. 62 (dhm, COURT STAFF).

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1 2 3 4 5 6 7 8 9 HAROLD J. MCELHINNY (CA SBN 66781) hmcelhinny@mofo.com MICHAEL A. JACOBS (CA SBN 111664) mjacobs@mofo.com JENNIFER LEE TAYLOR (CA SBN 161368) jtaylor@mofo.com ALISON M. TUCHER (CA SBN 171363) atucher@mofo.com RICHARD S.J. HUNG (CA SBN 197425) rhung@mofo.com JASON R. BARTLETT (CA SBN 214530) jasonbartlett@mofo.com MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: (415) 268-7000 Facsimile: (415) 268-7522 WILLIAM F. LEE william.lee@wilmerhale.com WILMER CUTLER PICKERING HALE AND DORR LLP 60 State Street Boston, MA 02109 Telephone: (617) 526-6000 Facsimile: (617) 526-5000 MARK D. SELWYN (SBN 244180) mark.selwyn@wilmerhale.com WILMER CUTLER PICKERING HALE AND DORR LLP 950 Page Mill Road Palo Alto, California 94304 Telephone: (650) 858-6000 Facsimile: (650) 858-6100 10 11 Attorneys for Plaintiff and Counterclaim-Defendant APPLE INC. 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 SAN JOSE DIVISION 15 16 APPLE INC., a California corporation, 17 18 19 20 21 22 23 24 Plaintiff, 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, Case No. 11-cv-01846-LHK (PSG) DECLARATION OF CYNDI WHEELER IN SUPPORT OF APPLE’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL DOCUMENTS RE APPLE’S OPPOSITION TO SAMSUNG’S MOTION TO EXCLUDE OPINIONS OF CERTAIN OF APPLE EXPERTS Defendants. SUBMITTED UNDER SEAL 25 26 27 28 WHEELER DECL. ISO MOT. TO FILE UNDER SEAL RE APPLE’S OPP. TO MOT. TO EXCLUDE EXPERT OPINIONS CASE NO. 11-CV-01846-LHK (PSG) sf-3150859 1 I, CYNDI WHEELER, do hereby declare as follows: 2 1. I am an attorney for Apple Inc. (“Apple”). I submit this declaration in support of 3 Apple’s Administrative Motion to File Documents Under Seal re Apple’s Opposition to 4 Samsung’s Motion to Exclude Opinions of Certain of Apple’s Experts. I have personal 5 knowledge of the matters set forth below. If called as a witness I could and would testify 6 competently as follows. 7 2. Exhibits A, B, K, L, M, W, Y, Z, and AA to the Declaration of Terry L. Musika, 8 CPA in Support of Apple’s Opposition to Samsung’s Motion to Exclude Opinions of Certain of 9 Apple’s Experts (“Musika Declaration”) contain information that Apple treats as confidential in 10 11 the ordinary course of its business. Specifically: a. Exhibit A to the Musika Declaration is the Final Damages Report of Terry 12 Musika (“Musika Final Report”). It contains highly confidential and 13 commercially sensitive business information regarding Apple financial data 14 and could be used to Apple’s disadvantage by competitors if it were not 15 filed under seal. In addition, the parties have stipulated that damages- 16 related expert materials should be submitted to the Court under seal and not 17 placed on the public record. 18 b. Exhibit B to the Musika Declaration is the Supplemental Expert Report of 19 Terry Musika (“Musika Supplemental Report”). It contains highly 20 confidential and commercially sensitive business information regarding 21 Apple financial data and could be used to Apple’s disadvantage by 22 competitors if it were not filed under seal. In addition, the parties have 23 stipulated that damages-related expert materials should be submitted to the 24 Court under seal and not placed on the public record. 25 c. Exhibit K to the Musika Declaration is Exhibit 20-S to the Musika 26 Supplemental Report. It contains highly confidential and commercially 27 sensitive business information regarding Apple financial data and could be 28 used to Apple’s disadvantage by competitors if it were not filed under seal. WHEELER DECL. ISO MOT. TO FILE UNDER SEAL RE APPLE’S OPP. TO MOT. TO EXCLUDE EXPERT OPINIONS CASE NO. 11-CV-01846-LHK (PSG) sf-3150855 1 1 In addition, the parties have stipulated that damages-related expert 2 materials should be submitted to the Court under seal and not placed on the 3 public record. 4 d. Exhibit L to the Musika Declaration is Exhibit 24-S to the Musika 5 Supplemental Report. It contains highly confidential and commercially 6 sensitive business information regarding Apple financial data and could be 7 used to Apple’s disadvantage by competitors if it were not filed under seal. 8 In addition, the parties have stipulated that damages-related expert 9 materials should be submitted to the Court under seal and not placed on the 10 11 public record. e. Exhibit M to the Musika Declaration is Exhibit 25-S to the Musika 12 Supplemental Report. It contains highly confidential and commercially 13 sensitive business information regarding Apple financial data and could be 14 used to Apple’s disadvantage by competitors if it were not filed under seal. 15 In addition, the parties have stipulated that damages-related expert 16 materials should be submitted to the Court under seal and not placed on the 17 public record. 18 f. Exhibit W to the Musika Declaration is an excerpt of APLNDC- 19 Y0000025024. It contains confidential, proprietary market research and 20 analysis, including information about the competitive landscape for mobile 21 devices. This business information was created at a significant cost to 22 Apple, and could be used by Apple's competitors to its disadvantage, 23 particularly because it discusses Apple's direct competitors. 24 g. Exhibit Y to the Musika Declaration is Exhibit 39-S to 41.S to the Musika 25 Supplemental Report. It contains highly confidential and commercially 26 sensitive business information regarding Apple financial data and could be 27 used to Apple’s disadvantage by competitors if it were not filed under seal. 28 In addition, the parties have stipulated that damages-related expert WHEELER DECL. ISO MOT. TO FILE UNDER SEAL RE APPLE’S OPP. TO MOT. TO EXCLUDE EXPERT OPINIONS CASE NO. 11-CV-01846-LHK (PSG) sf-3150855 2 1 materials should be submitted to the Court under seal and not placed on the 2 public record. 3 h. Exhibit Z to the Musika Declaration is Exhibit 46-S to the Musika 4 Supplemental Report. It contains highly confidential and commercially 5 sensitive business information regarding Apple financial data and could be 6 used to Apple’s disadvantage by competitors if it were not filed under seal. 7 In addition, the parties have stipulated that damages-related expert 8 materials should be submitted to the Court under seal and not placed on the 9 public record. 10 i. Exhibit AA to the Musika Declaration is a spreadsheet prepared by Invotex 11 Group. It contains highly confidential and commercially sensitive business 12 information regarding Apple financial data, and could be used to Apple’s 13 disadvantage by competitors if it were not filed under seal. In addition, the 14 parties have stipulated that damages-related expert materials should be 15 submitted to the Court under seal and not placed on the public record. 16 3. Exhibit A to the Declaration of John Hauser (“Hauser Declaration”) contains 17 information that Apple treats as confidential in the ordinary course of its business. It contains 18 highly confidential and commercially sensitive business information regarding Apple financial 19 data and could be used to Apple’s disadvantage by competitors if it were not filed under seal. In 20 addition, the parties have stipulated that damages- and survey-related expert materials should be 21 submitted to the Court under seal and not placed on the public record. 22 4. Exhibits M, N, O, P, and Q to the Declaration of Mia Mazza in Support of Apple’s 23 Opposition to Samsung’s Motion to Exclude Opinions of Certain of Apple’s Experts (“Mazza 24 Declaration”) contain information that Apple treats as confidential in the ordinary course of its 25 business. Specifically: 26 a. Exhibit M to the Mazza Declaration is excerpts of the Expert Report of 27 Karan Singh, Ph.D. It contains highly confidential and commercially 28 sensitive business information regarding Apple’s utility patents and could WHEELER DECL. ISO MOT. TO FILE UNDER SEAL RE APPLE’S OPP. TO MOT. TO EXCLUDE EXPERT OPINIONS CASE NO. 11-CV-01846-LHK (PSG) sf-3150855 3 1 be used to Apple’s disadvantage by competitors if it were not filed under 2 seal. 3 b. Exhibit N to the Mazza Declaration is excerpts of the Expert Report of 4 Ravin Balakrishnan, Ph.D. It contains highly confidential and 5 commercially sensitive business information regarding Apple’s utility 6 patents and could be used to Apple’s disadvantage by competitors if it were 7 not filed under seal. 8 c. 9 Exhibit O to the Mazza Declaration is excerpts of the Rebuttal Expert Report of Ravin Balakrishnan, Ph.D. It contains highly confidential and 10 commercially sensitive business information regarding Apple’s utility 11 patents and could be used to Apple’s disadvantage by competitors if it were 12 not filed under seal. 13 d. Exhibit P to the Mazza Declaration is excerpts of the Expert Report of 14 Michel Mahabariz, Ph.D. It contains highly confidential and commercially 15 sensitive business information regarding Apple’s utility patents and could 16 be used to Apple’s disadvantage by competitors if it were not filed under 17 seal. 18 e. Exhibit Q to the Mazza Declaration is the Opening Expert Report of Terry 19 Musika, CPA. It contains highly confidential and commercially sensitive 20 business information regarding Apple financial data and could be used to 21 Apple’s disadvantage by competitors if it were not filed under seal. In 22 addition, the parties have stipulated that damages-related expert materials 23 should be submitted to the Court under seal and not placed on the public 24 record. 25 5. It is Apple’s policy not to disclose or describe its confidential financial 26 information. The information that is described above is confidential to Apple. Apple is well 27 known worldwide for its corporate culture of carefully maintaining the confidentiality of its 28 WHEELER DECL. ISO MOT. TO FILE UNDER SEAL RE APPLE’S OPP. TO MOT. TO EXCLUDE EXPERT OPINIONS CASE NO. 11-CV-01846-LHK (PSG) sf-3150855 4 1 business information. If disclosed, the information in the materials described above could be 2 used by Apple’s competitors to Apple’s disadvantage. 3 6. In addition, Exhibits A and B to the Mazza Declaration, and the Musika and 4 Hauser Declarations, contain highly confidential damages- and survey-related expert materials. 5 The parties have stipulated that all damages- and survey- related expert materials will be 6 submitted to the Court under seal and not placed on the public record. 7 7. Finally, to the extent Apple’s Motion and the Musika and Hauser Declarations 8 refer to or discuss the above-referenced materials, they could be used to Apple’s disadvantage by 9 competitors if they were not filed under seal, for the same reasons. 10 8. The relief requested in this motion is necessary and is narrowly tailored to protect 11 confidential information, focusing only on specific exhibits and specific portions of the brief and 12 declarations at issue. 13 I declare under penalty of perjury under the laws of the United States of America that the 14 foregoing is true and correct to the best of my knowledge and that this Declaration was executed 15 this 31st day of May, 2012, at Cupertino, California. 16 17 By: /s/ Cyndi Wheeler 18 19 20 21 22 23 24 25 26 27 28 WHEELER DECL. ISO MOT. TO FILE UNDER SEAL RE APPLE’S OPP. TO MOT. TO EXCLUDE EXPERT OPINIONS CASE NO. 11-CV-01846-LHK (PSG) sf-3150855 5 1 2 ATTESTATION OF E-FILED SIGNATURE I, MICHAEL A. JACOBS, am the ECF User whose ID and password are being used to 3 file this Declaration. In compliance with General Order 45, X.B., I hereby attest that Cyndi 4 Wheeler has concurred in this filing. 5 Dated: May 31, 2012 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ECF ATTESTATION CASE NO. 11-cv-01846-LHK (PSG) sf-3150824 /s/ Michael A. Jacobs Michael A. Jacobs

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