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

Filing 992

Declaration of Mark D. Selwyn in Support of #991 Administrative Motion to File Under Seal Documents Re Apples Opposition To Samsungs Motion To Exclude Opinions Of Certain Of Apple Experts filed byApple Inc.(a California corporation). (Related document(s) #991 ) (Selwyn, Mark) (Filed on 5/31/2012)

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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 APPLE’S ADMINISTRATIVE
MOTION TO FILE DOCUMENTS
UNDER SEAL

Defendants.

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DECLARATION OF MARK D. SELWYN ISO APPLE’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.

Apple’s Opposition to Samsung’s Motion to Exclude Opinions of Certain Apple

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Experts and Exhibit I to the Declaration of Mia Mazza (“Mazza Declaration”) contain

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information that Samsung and/or third parties have designated confidential. Specifically:

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A.

Exhibit I contains excerpts from the deposition of Richard L. Donaldson on

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May 2, 2012. This transcript was designated Highly Confidential-

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Attorneys' Eyes Only in accordance with the Protective Order entered in

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this Action by both Apple and Samsung. The deposition excerpts include a

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discussion of a confidential Samsung agreement.

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B.

The confidential, unredacted version of Apple’s Opposition to Samsung’s

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Motion to Exclude Opinions of Certain Apple Experts discusses and

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references the information contained in paragraph A above, and should

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therefore be sealed for the same reasons.

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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 the specific exhibit and specific portions of the briefs

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at issue.

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

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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 31st day of May, 2012, at Palo Alto, California.

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Dated: May 31, 2012

By: __/s/ Mark D. Selwyn ____________
Mark D. Selwyn

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DECLARATION OF MARK D. SELWYN ISO APPLE’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 31, 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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DECLARATION OF MARK D. SELWYN ISO APPLE’S MOTION TO FILE UNDER SEAL
CASE NO. 4:11-cv-01846-LHK