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

Filing 996

Administrative Motion to File Under Seal Documents Under Seal Re Apples Opposition To Samsungs Motion To Strike Expert Testimony 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 Samsungs Motion To Strike Expert Testimony, #2 Declaration Of Mia Mazza In Support Of Apples Administrative Motion To File Documents Under Seal Re Apples Opposition To Samsungs Motion To Strike Expert Testimony, #3 [Proposed] Order Granting Apples Administrative Motion To File Documents Under Seal Re Apples Opposition To Samsungs Motion To Strike, #4 Apples Opposition To Samsungs Motion To Strike Expert Testimony Based On Undisclosed Facts And Theories, #5 Declaration Of Marc J. Pernick In Support Of Apples Opposition To Samsungs Motion To Strike Expert Testimony Based On Undisclosed Facts And Theories, #6 Exhibit Pernick Decl. Ex. 8, #7 Exhibit Pernick Decl. Ex. 10, #8 Exhibit Pernick Decl. Ex. 11, #9 Exhibit Pernick Decl. Ex. 12, #10 Exhibit Pernick Decl. Ex. 16, #11 Exhibit Pernick Decl. Ex. 17, #12 Exhibit Pernick Decl. Ex. 19, #13 Declaration Of Michel Maharbiz, Ph.D. In Support Of Apples Opposition To Samsungs Motion To Strike Expert Testimony, #14 Exhibit Maharbiz Decl. Ex. A, #15 Exhibit Maharbiz Decl. Ex. B, #16 [Proposed] Order Denying Samsungs Motion To Strike Expert Testimony (Dkt. No. 936))(Jacobs, Michael) (Filed on 5/31/2012) Modified on 6/3/2012 pursuant to General Order No. 62, attachment #1 and #2 Sealed (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 10 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 11 12 Attorneys for Plaintiff and Counterclaim-Defendant APPLE INC. 13 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 SAN JOSE DIVISION 17 18 APPLE INC., a California corporation, Case No. 11-cv-01846-LHK (PSG) 19 Plaintiff, 20 v. 21 22 23 24 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 MIA MAZZA IN SUPPORT OF APPLE’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL RE APPLE’S OPPOSITION TO SAMSUNG’S MOTION TO STRIKE EXPERT TESTIMONY Defendants. 25 26 27 DECLARATION OF MIA MAZZA ISO APPLE’S MOTION TO FILE UNDER SEAL CASE NO. 4:11-cv-01846-LHK (PSG) sf-3153339 1 I, Mia Mazza, do hereby declare as follows: 2 1. I am an attorney with the law firm of Morrison & Foerster LLP and counsel for 3 plaintiff and counterclaim-defendant Apple Inc. (“Apple”). I am familiar with and 4 knowledgeable about the facts stated in this declaration and if called upon could and would testify 5 competently as to the statements made herein. I submit this declaration in support of Apple’s 6 Administrative Motion to File Documents Under Seal re Apple’s Opposition to Samsung’s 7 Motion to Strike Expert Testimony (“Opposition”). 8 9 2. The Declaration of Marc Pernick in Support of Apple’s Opposition to Samsung’s Motion to Strike Expert Testimony (“Pernick Declaration”), the Declaration of Terry L. Musika, 10 CPA in Support of Apple’s Opposition to Samsung’s Motion to Strike Expert Testimony 11 (“Musika Declaration”), and the Declaration of Dr. Michel Maharbiz in Support of Apple’s 12 Opposition to Samsung’s Motion to Strike Expert Testimony (“Maharbiz Declaration”) contain 13 information that third parties have designated confidential. Specifically: 14 A. Exhibit 10 to the Pernick Declaration is excerpts from the Expert Report of 15 Tony Givargis, Ph.D. Regarding Invalidity of the Asserted Claims of U.S. 16 Patent No. 7,698,711. This Report contains confidential information 17 supplied by third party Sony Ericsson in paragraphs 96 and 99. . 18 B. As indicated in the Wheeler Declaration, the Musika Declaration contains 19 confidential information relating to Apple licensing agreements. Due to 20 the nature of a license, these agreements also contain confidential 21 information supplied by third parties. 22 C. 23 The Maharbiz Declaration and Exhibit D attached thereto contain confidential information supplied by third party Atmel. 24 D. To the extent Apple’s Opposition and the Maharbiz and Musika 25 Declarations refer to or discuss the above-referenced materials, they 26 contain third-party confidential information and should therefore be sealed 27 for the same reasons. 28 DECLARATION OF MIA MAZZA ISO APPLE’S MOTION TO FILE UNDER SEAL CASE NO. 4:11-cv-01846-LHK (PSG) sf-3153339 1 3. The relief requested in this motion is necessary and is narrowly tailored to protect 2 confidential information, focusing only on the specific exhibits and specific portions of the briefs 3 and declarations at issue. 4 I declare under the penalty of perjury under the laws of the United States of America that 5 the forgoing is true and correct to the best of my knowledge and that this Declaration was 6 executed this 31st day of May, 2012, at Palo Alto, California. 7 8 Dated: May 31, 2012 By: __/s/ Mia Mazza ____________ Mia Mazza 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF MIA MAZZA ISO APPLE’S MOTION TO FILE UNDER SEAL CASE NO. 4:11-cv-01846-LHK (PSG) sf-3153339 1 2 3 4 ATTESTATION OF E-FILED SIGNATURE I, Michael A. Jacobs, 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 Mia Mazza has concurred in this filing 5 6 /s/ Michael A. Jacobs Michael A. Jacobs 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF MIA MAZZA ISO APPLE’S MOTION TO FILE UNDER SEAL CASE NO. 4:11-cv-01846-LHK (PSG) sf-3153339

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