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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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
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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,
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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
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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
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I, CYNDI WHEELER, do 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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Apple’s Administrative Motion to File Documents Under Seal re Apple’s Opposition to
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Samsung’s Motion to Exclude Opinions of Certain of Apple’s Experts. I have personal
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knowledge of the matters set forth below. If called as a witness I could and would testify
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competently as follows.
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2.
Exhibits A, B, K, L, M, W, Y, Z, and AA to the Declaration of Terry L. Musika,
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CPA in Support of Apple’s Opposition to Samsung’s Motion to Exclude Opinions of Certain of
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Apple’s Experts (“Musika Declaration”) contain information that Apple treats as confidential in
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the ordinary course of its business. Specifically:
a.
Exhibit A to the Musika Declaration is the Final Damages Report of Terry
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Musika (“Musika Final Report”). It contains highly confidential and
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commercially sensitive business information regarding Apple financial data
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and could be used to Apple’s disadvantage by competitors if it were not
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filed under seal. In addition, the parties have stipulated that damages-
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related expert materials should be submitted to the Court under seal and not
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placed on the public record.
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b.
Exhibit B to the Musika Declaration is the Supplemental Expert Report of
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Terry Musika (“Musika Supplemental Report”). It contains highly
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confidential and commercially sensitive business information regarding
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Apple financial data and could be used to Apple’s disadvantage by
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competitors if it were not filed under seal. In addition, the parties have
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stipulated that damages-related expert materials should be submitted to the
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Court under seal and not placed on the public record.
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c.
Exhibit K to the Musika Declaration is Exhibit 20-S to the Musika
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Supplemental Report. It contains highly confidential and commercially
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sensitive business information regarding Apple financial data and could be
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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)
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In addition, the parties have stipulated that damages-related expert
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materials should be submitted to the Court under seal and not placed on the
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public record.
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d.
Exhibit L to the Musika Declaration is Exhibit 24-S to the Musika
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Supplemental Report. It contains highly confidential and commercially
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sensitive business information regarding Apple financial data and could be
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used to Apple’s disadvantage by competitors if it were not filed under seal.
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In addition, the parties have stipulated that damages-related expert
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materials should be submitted to the Court under seal and not placed on the
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public record.
e.
Exhibit M to the Musika Declaration is Exhibit 25-S to the Musika
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Supplemental Report. It contains highly confidential and commercially
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sensitive business information regarding Apple financial data and could be
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used to Apple’s disadvantage by competitors if it were not filed under seal.
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In addition, the parties have stipulated that damages-related expert
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materials should be submitted to the Court under seal and not placed on the
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public record.
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f.
Exhibit W to the Musika Declaration is an excerpt of APLNDC-
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Y0000025024. It contains confidential, proprietary market research and
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analysis, including information about the competitive landscape for mobile
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devices. This business information was created at a significant cost to
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Apple, and could be used by Apple's competitors to its disadvantage,
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particularly because it discusses Apple's direct competitors.
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g.
Exhibit Y to the Musika Declaration is Exhibit 39-S to 41.S to the Musika
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Supplemental Report. It contains highly confidential and commercially
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sensitive business information regarding Apple financial data and could be
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used to Apple’s disadvantage by competitors if it were not filed under seal.
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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
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materials should be submitted to the Court under seal and not placed on the
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public record.
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h.
Exhibit Z to the Musika Declaration is Exhibit 46-S to the Musika
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Supplemental Report. It contains highly confidential and commercially
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sensitive business information regarding Apple financial data and could be
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used to Apple’s disadvantage by competitors if it were not filed under seal.
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In addition, the parties have stipulated that damages-related expert
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materials should be submitted to the Court under seal and not placed on the
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public record.
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i.
Exhibit AA to the Musika Declaration is a spreadsheet prepared by Invotex
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Group. It contains highly confidential and commercially sensitive business
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information regarding Apple financial data, and could be used to Apple’s
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disadvantage by competitors if it were not filed under seal. In addition, the
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parties have stipulated that damages-related expert materials should be
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submitted to the Court under seal and not placed on the public record.
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3.
Exhibit A to the Declaration of John Hauser (“Hauser Declaration”) contains
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information that Apple treats as confidential in the ordinary course of its business. It contains
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highly confidential and commercially sensitive business information regarding Apple financial
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data and could be used to Apple’s disadvantage by competitors if it were not filed under seal. In
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addition, the parties have stipulated that damages- and survey-related expert materials should be
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submitted to the Court under seal and not placed on the public record.
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4.
Exhibits M, N, O, P, and Q to the Declaration of Mia Mazza in Support of Apple’s
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Opposition to Samsung’s Motion to Exclude Opinions of Certain of Apple’s Experts (“Mazza
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Declaration”) contain information that Apple treats as confidential in the ordinary course of its
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business. Specifically:
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a.
Exhibit M to the Mazza Declaration is excerpts of the Expert Report of
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Karan Singh, Ph.D. It contains highly confidential and commercially
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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
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be used to Apple’s disadvantage by competitors if it were not filed under
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seal.
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b.
Exhibit N to the Mazza Declaration is excerpts of the Expert Report of
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Ravin Balakrishnan, Ph.D. It contains highly confidential and
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commercially sensitive business information regarding Apple’s utility
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patents and could be used to Apple’s disadvantage by competitors if it were
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not filed under seal.
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c.
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Exhibit O to the Mazza Declaration is excerpts of the Rebuttal Expert
Report of Ravin Balakrishnan, Ph.D. It contains highly confidential and
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commercially sensitive business information regarding Apple’s utility
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patents and could be used to Apple’s disadvantage by competitors if it were
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not filed under seal.
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d.
Exhibit P to the Mazza Declaration is excerpts of the Expert Report of
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Michel Mahabariz, Ph.D. It contains highly confidential and commercially
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sensitive business information regarding Apple’s utility patents and could
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be used to Apple’s disadvantage by competitors if it were not filed under
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seal.
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e.
Exhibit Q to the Mazza Declaration is the Opening Expert Report of Terry
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Musika, CPA. It contains highly confidential and commercially sensitive
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business information regarding Apple financial data and could be used to
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Apple’s disadvantage by competitors if it were not filed under seal. In
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addition, the parties have stipulated that damages-related expert materials
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should be submitted to the Court under seal and not placed on the public
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record.
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5.
It is Apple’s policy not to disclose or describe its confidential financial
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information. The information that is described above is confidential to Apple. Apple is well
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known worldwide for its corporate culture of carefully maintaining the confidentiality of its
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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)
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business information. If disclosed, the information in the materials described above could be
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used by Apple’s competitors to Apple’s disadvantage.
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6.
In addition, Exhibits A and B to the Mazza Declaration, and the Musika and
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Hauser Declarations, contain highly confidential damages- and survey-related expert materials.
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The parties have stipulated that all damages- and survey- related expert materials will be
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submitted to the Court under seal and not placed on the public record.
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7.
Finally, to the extent Apple’s Motion and the Musika and Hauser Declarations
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refer to or discuss the above-referenced materials, they could be used to Apple’s disadvantage by
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competitors if they were not filed under seal, for the same reasons.
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8.
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 brief and
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declarations at issue.
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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 and that this Declaration was executed
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this 31st day of May, 2012, at Cupertino, California.
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By: /s/ Cyndi Wheeler
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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
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ATTESTATION OF E-FILED SIGNATURE
I, MICHAEL A. JACOBS, am the ECF User whose ID and password are being used to
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file this Declaration. In compliance with General Order 45, X.B., I hereby attest that Cyndi
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Wheeler has concurred in this filing.
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Dated: May 31, 2012
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ECF ATTESTATION
CASE NO. 11-cv-01846-LHK (PSG)
sf-3150824
/s/ Michael A. Jacobs
Michael A. Jacobs
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