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

Filing 998

Declaration of Cyndi Wheeler In Support Of Apples Administrative Motions To File Documents Under Seal Re Apples Opposition To Samsungs Motion For Summary Judgment filed byApple Inc.. (Jacobs, Michael) (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]

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,

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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
DECLARATION OF CYNDI
WHEELER IN SUPPORT OF
APPLE’S ADMINISTRATIVE
MOTIONS TO FILE DOCUMENTS
UNDER SEAL RE APPLE’S
OPPOSITION TO SAMSUNG’S
MOTION FOR SUMMARY
JUDGMENT

Defendants.

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WHEELER DECL. ISO MOTIONS TO FILE UNDER SEAL RE OPP. TO MOT. FOR SUMMARY JUDGMENT
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I, Cyndi Wheeler, do hereby declare as follows:

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1.

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I am an attorney for Apple Inc. (“Apple”). I submit this Declaration in Support of

Apple’s Administrative Motions to File Documents Under Seal re Apple’s Opposition to

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Samsung’s Motion for Summary Judgment. I have personal knowledge of the matters set forth
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below. If called as a witness I could and would testify competently as follows.
2.

Exhibits 1 through 6, 12 through 16, 20, 24, 27, 29, 31, 48-54, 56, and 75-79 to the

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Declaration of Jason Bartlett in Support of Apple’s Opposition to Samsung’s Motion for

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Summary Judgment (“Bartlett Declaration”) contain information that Apple treats as confidential

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in the ordinary course of its business. Specifically:
a. Exhibit 1 to the Bartlett Declaration is a true and correct copy of an excerpt

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of the transcript of the August 3, 2011 deposition of Christopher Stringer.
Some of these excerpts were cited in Bressler Decl. ¶¶ 132, 157-158. It

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contains trade secret information reflecting Apple’s product design process,

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and the inner workings of Apple’s industrial design group. This

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information is highly sensitive and could be used by Apple’s competitors

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to Apple’s disadvantage.

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b. Exhibit 2 to the Bartlett Declaration is a true and correct copy of an excerpt
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of the transcript of the December 1, 2011 deposition of Jonathan Ive.

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Some of these excerpts were cited in Bressler Decl. ¶¶ 132, 157. It

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contains trade secret information reflecting Apple’s product design process,

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and the inner workings of Apple’s industrial design group. This

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information is highly sensitive and could be used by Apple’s competitors

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to Apple’s disadvantage.

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c. Exhibit 3 to the Bartlett Declaration is a true and correct copy of an excerpt
of the transcript of the October 18, 2011 deposition of Freddy Anzures. It
contains trade secret information reflecting Apple’s product design process,

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and the inner workings of Apple’s industrial design group. This
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information is highly sensitive and could be used by Apple’s competitors
to Apple’s disadvantage.

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d. Exhibit 4 to the Bartlett Declaration is a true and correct copy of an excerpt

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of the transcript of the March 2, 2012 deposition of Tang Tan. Some of

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these excerpts were cited in Bressler Decl. ¶¶ 132-135, 157-158. It
contains discussions of manufacturing details, strategies for detecting and

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resolving problems, and confidential details of design and development
practices. This information is highly sensitive and could be used by
Apple’s competitors to Apple’s disadvantage.
e. Exhibit 5 to the Bartlett Declaration is a true and correct copy of an excerpt
of the transcript of the February 29, 2012 deposition of Fletcher Rothkopf.
Some of these excerpts were cited in Bressler Decl. ¶ 133. It contains

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discussions of manufacturing details, strategies for detecting and resolving
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problems, and confidential details of design and development practices.

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This information is highly sensitive and could be used by Apple’s

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competitors to Apple’s disadvantage.

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f. Exhibit 6 to the Bartlett Declaration is a true and correct copy of an excerpt

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of the transcript of the February 28, 2012 deposition of Tamara Whiteside.

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Some of these excerpts were cited in Winer Decl. Ex. 1 ¶ 147 n. 50. It

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includes discussion of Apple's strategy regarding the design and
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composition of its advertisements. Public disclosure of such commercially

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sensitive information is inappropriate as it would provide competitors with

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inside information about how Apple designs its advertisements, a process

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that Apple has invested significant time and money in and that Apple keeps
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confidential. This information is highly sensitive and could be used by
Apple’s competitors to Apple’s disadvantage.
g. Exhibit 12 to the Bartlett Declaration is a true and correct copy an excerpt
of the transcript of the July 27, 2011 deposition of Sissie Twiggs. Some of
these excerpts were cited in Winer Decl. Ex. 1 ¶ 147 n. 50. It includes
discussion of Apple's strategy regarding the design and composition of its

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advertisements. Public disclosure of such commercially sensitive
information is inappropriate as it would provide competitors with inside

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information about how Apple designs its advertisements, a process that

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Apple has invested significant time and money in and that Apple keeps

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confidential. This information is highly sensitive and could be used by

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Apple’s competitors to Apple’s disadvantage.

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h. Exhibit 13 to the Bartlett Declaration is a true and correct copy an excerpt
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of the transcript of the February 23, 2012 deposition of Greg Joswiak.

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Some of these excerpts were cited in Winer Decl. Ex. 1 ¶ 147 n. 51. It

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contains confidential, proprietary market research and analysis, including

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information about the competitive landscape for mobile devices. This

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business information was created at a significant cost to Apple, and could

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be used by Apple's competitors to its disadvantage, particularly because it

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discusses Apple's direct competitors. This information is highly sensitive

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and could be used by Apple’s competitors to Apple’s disadvantage.

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i. Exhibit 14 to the Bartlett Declaration is a true and correct copy of Exhibit

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45 to the July 27, 2011 deposition of Sissie Twiggs. It includes discussion
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of Apple's strategy regarding the design and composition of its

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advertisements. Public disclosure of such commercially sensitive

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information is inappropriate as it would provide competitors with inside

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information about how Apple designs its advertisements, a process that

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Apple has invested significant time and money in and that Apple keeps
confidential. This information is highly sensitive and could be used by

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Apple’s competitors to Apple’s disadvantage.
j. Exhibit 15 to the Bartlett Declaration is a true and correct copy of Exhibit

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46 to the July 27, 2011 deposition of Sissie Twiggs. It includes discussion

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of Apple's strategy regarding the design and composition of its

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advertisements. Public disclosure of such commercially sensitive

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information is inappropriate as it would provide competitors with inside

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information about how Apple designs its advertisements, a process that
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Apple has invested significant time and money in and that Apple keeps

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confidential. This information is highly sensitive and could be used by

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Apple’s competitors to Apple’s disadvantage.

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k. Exhibit 16 to the Bartlett Declaration is a true and correct copy of excerpts
of the Christopher Stringer Declaration in Support of Apple’s Reply to its
Motion for Preliminary Injunction dated September 30, 2011. It contains

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trade secret information reflecting Apple’s product design process, and the
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inner workings of Apple’s industrial design group. This information is

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highly sensitive and could be used by Apple’s competitors to Apple’s

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disadvantage.

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l. Exhibit 20 to the Bartlett Declaration is a true and correct copy of an
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excerpt of the transcript of the March 5, 2012 deposition of Robert

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Brunner. It contains trade secret information reflecting Apple’s product

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design process, and the inner workings of Apple’s industrial design group.

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This information is highly sensitive and could be used by Apple’s

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competitors to Apple’s disadvantage.
m. Exhibit 24 to the Bartlett Declaration is a true and correct copy of an

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excerpt of the transcript of the October 14, 2011 deposition of Imran
Chaudhri. It contains trade secret information reflecting Apple’s product

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design process, and the inner workings of Apple’s industrial design group.

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This information is highly sensitive and could be used by Apple’s

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competitors to Apple’s disadvantage.

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n. Exhibit 27 to the Bartlett Declaration is a true and correct copy of

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documents produced by Apple as Bates range APLNDC-Y000002875120
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28849. It contains confidential, proprietary market research and analysis,

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including information about the competitive landscape for mobile devices.

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This business information was created at a significant cost to Apple, and

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could be used by Apple's competitors to its disadvantage, particularly

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because it discusses Apple's direct competitors. This information is highly

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sensitive and could be used by Apple’s competitors to Apple’s

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disadvantage.
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o. Exhibit 29 to the Bartlett Declaration is a true and correct copy of an
iPhone Owner Study which Apple produced in connection with this
litigation with Bates numbers APLNDC-Y25024-5147. It contains

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confidential, proprietary market research and analysis, including
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information about the competitive landscape for mobile devices. This

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business information was created at a significant cost to Apple, and could

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be used by Apple's competitors to its disadvantage, particularly because it

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discusses Apple's direct competitors. This information is highly sensitive

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and could be used by Apple’s competitors to Apple’s disadvantage.
p. Exhibit 31 to the Bartlett Declaration is a true and correct copy of an

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excerpt of the transcript of the May 4, 2012 deposition of Stephen Gray. It
contains confidential information about Apple's product design process,

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including discussions of source code and internal communications. This

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trade secret information could be used by Apple's competitors to its

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disadvantage.

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q. Exhibit 48 to the Bartlett Declaration is a true and correct copy of excerpts

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of the transcript of the February 7, 2012 deposition of Jonathan Ive.
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Portions of these excerpts are cited in Bressler Decl. ¶ 132. It contains

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trade secret information reflecting Apple’s product design process, and the

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inner workings of Apple’s industrial design group. This information is

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highly sensitive and could be used by Apple’s competitors to Apple’s

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disadvantage.

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r. Exhibit 49 to the Bartlett Declaration is a true and correct copy of an

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excerpt of the transcript of the November 4, 2011 deposition of Christopher
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Stringer. Portions of these excerpts are cited in Bressler Decl. ¶ 132. It

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contains trade secret information reflecting Apple’s product design process,

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and the inner workings of Apple’s industrial design group. This

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information is highly sensitive and could be used by Apple’s competitors
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to Apple’s disadvantage.
s. Exhibit 50 to the Bartlett Declaration is a true and correct copy of an

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excerpt of the transcript of the February 28, 2012 deposition of Phil

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Hobson. Some of these excerpts were cited in Bressler Decl. ¶¶ 132-133.

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It contains discussions of manufacturing details, strategies for detecting
and resolving problems, and confidential details of design and development

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practices. This information is highly sensitive and could be used by
Apple’s competitors to Apple’s disadvantage.
t. Exhibit 51 to the Bartlett Declaration is a true and correct copy of an

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excerpt of the transcript of the March 8, 2012 deposition of Christopher

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Prest. This excerpt is cited in Bressler Decl. ¶¶ 133, 158. It contains

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discussions of manufacturing details, strategies for detecting and resolving

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problems, and confidential details of design and development practices.
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This information is highly sensitive and could be used by Apple’s
competitors to Apple’s disadvantage.
u. Exhibit 52 to the Bartlett Declaration is a true and correct copy of an

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excerpt of the transcript of the February 16, 2012 deposition of Richard

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Dinh. This excerpt is cited in Bressler Decl. ¶ 133. It contains discussions

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of manufacturing details, strategies for detecting and resolving problems,

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and confidential details of design and development practices. This
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information is highly sensitive and could be used by Apple’s competitors

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to Apple’s disadvantage.

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v. Exhibit 53 to the Bartlett Declaration is a true and correct copy of an

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excerpt of the transcript of the October 14, 2011 deposition of Scott Herz.
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It contains confidential information about Apple's product design process,

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including discussions of source code and internal communications. This

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trade secret information could be used by Apple's competitors to its

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disadvantage.

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w. Exhibit 54 to the Bartlett Declaration is a true and correct copy of an
excerpt of the transcript of the October 18, 2011 deposition of Andrew

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Platzer. It contains confidential information about Apple's product design
process, including discussions of source code and internal communications.

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This trade secret information could be used by Apple's competitors to its

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disadvantage.

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x. Exhibit 56 to the Bartlett Declaration is a true and correct copy of an
excerpt of the transcript of the August 9, 2011 deposition of Bas Ording. It

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contains confidential information about Apple's product design process,
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including discussions of source code and internal communications. This

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trade secret information could be used by Apple's competitors to its

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disadvantage.

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y. Exhibit 75 to the Bartlett Declaration is a copy of the iPhone 3GS Launch

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Kit – US, dated June 2009, which Apple produced in connection with this

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litigation with Bates number APLNDC0002008363-2008405. This

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document was cited in Winer Decl. Ex. 1 ¶ 47 n.52. It contains
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confidential, proprietary market research and analysis, including

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information about the competitive landscape for mobile devices. This

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business information was created at a significant cost to Apple, and could

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be used by Apple's competitors to its disadvantage.
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z. Exhibit 76 to the Bartlett Declaration is a copy of is a copy of the iPad

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Asset Kit – US, dated April 2012, which Apple produced in connection

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with this litigation with Bates number APLNDC0001964084-1964099;

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2027210. This document was cited in Winer Decl. Ex. 1 ¶ 47 n.52. It

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contains confidential, proprietary marketing communications with Apple’s
business partners. These exhibits have also been designated HIGHLY

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CONFIDENTIAL - ATTORNEYS' EYES ONLY. This confidential
business information was created at a significant cost to Apple, and could
be used by Apple's competitors to its disadvantage.
aa. Exhibit 77 to the Bartlett Declaration is a copy of is a copy of the iPad 2
Business Asset Kit—English, dated March 2011, which Apple produced in
connection with this litigation with Bates number APLNDC0002027210-

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APLNDC0002027226. This document is cited in Winer Decl. Ex. 1 ¶ 47
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n.52. It contains confidential, proprietary marketing communications with

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Apple’s business partners. These exhibits have also been designated

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HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY. This

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confidential business information was created at a significant cost to Apple,

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and could be used by Apple's competitors to its disadvantage.

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bb. Exhibit 78 to the Bartlett Declaration is a true and correct copy of excerpts

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from the February 21, 2012 deposition transcript of Stanley Ng. These
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excerpts were cited in Winer Decl. Ex. 1 ¶ 147 n.50. It contains

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confidential, proprietary market research and analysis, including

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information about the competitive landscape for mobile devices. This

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business information was created at a significant cost to Apple, and could
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be used by Apple's competitors to its disadvantage, particularly because it

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discusses Apple's direct competitors. This information is highly sensitive

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and could be used by Apple’s competitors to Apple’s disadvantage.

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cc. Exhibit 79 to the Bartlett Declaration is a true and correct copy of excerpts

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from the February 17, 2012 deposition transcript of Phillip Schiller. These

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excerpts were cited in Winer Decl. Ex. 1 ¶ 147 n.51. This confidential

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business information was created at a significant cost to Apple, and could

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be used by Apple's competitors to its disadvantage, particularly because it

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discusses Apple's direct competitors. This information is highly sensitive

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and could be used by Apple’s competitors to Apple’s disadvantage.

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3.

Exhibit G to the Declaration of Michel Maharbiz, Ph.D. in Support of Apple’s

Opposition to Samsung’s Motion for Summary Judgment (“Maharbiz Declaration”) includes true

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and correct copies of APLNDCA0000153862-870; APLNDCA0001278440-48; APL-ITC79620
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0000402782-2834; APL-ITC796-0000403337-378; APL-ITC0000405165-5208; APL-ITC796-

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0000405693-5736; APL-ITC796-0000406250-278. It contains information that Apple treats as

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confidential in the ordinary course of its business. Specifically, Exhibit G contains trade secret

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information reflecting: Apple’s product design process, specifics regarding the iPad design

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project, and the inner workings of Apple’s industrial design group. This information is highly

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sensitive and could be used by Apple’s competitors to Apple’s disadvantage.

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4.

Exhibit 1 to the Declaration of Karan Singh, Ph.D. in Support of Apple’s

Opposition to Samsung’s Motion for Summary Judgment (“Singh Declaration”) is the Expert
Report of Karan Singh, Ph.D. Regarding Infringement of U.S. Patents Nos. 7,864,163, 7,844,915

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and 7,853,891. It contains information that Apple treats as confidential in the ordinary course of
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its business. Specifically it contains commercially sensitive information, including information

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regarding Apple's development of its patented inventions. This exhibit has also been designated

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HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY. Public disclosure of such

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commercially sensitive information is inappropriate as it could be used by Apple’s competitors to

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its disadvantage.
5.

Exhibits 42 through 58, 73 through 82, and 95 to the Declaration of Peter Bressler

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in Support of Apple’s Opposition to Samsung’s Motion for Summary Judgment (“Bressler
Declaration”) contain information that Apple treats as confidential in the ordinary course of its
business. Specifically:
a. Exhibits 42 through 49 contain CAD drawings from the development of
the iPhone that reflect Apple’s product design process. These exhibits
have also been designated HIGHLY CONFIDENTIAL - ATTORNEYS'

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EYES ONLY. This trade secret information is highly sensitive and could
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be used by Apple's competitors to its disadvantage.
b. Exhibits 50 through 54 contain photographs of Apple alternative design

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prototypes that reflect Apple’s product design process. These exhibits have

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also been designated HIGHLY CONFIDENTIAL - ATTORNEYS' EYES

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ONLY. This trade secret information is highly sensitive and could be used

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by Apple's competitors to its disadvantage.

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c. Exhibits 55 through 58 contain internal Apple communications regarding

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product design and development, and the inner workings of Apple’s

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industrial design group. These exhibits have also been designated

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HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY. This trade
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secret information is highly sensitive and could be used by Apple's

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competitors to its disadvantage.

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d. Exhibits 73 through 77 contain CAD drawings from the development of

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the iPad that reflect Apple’s product design process. These exhibits have

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also been designated HIGHLY CONFIDENTIAL - ATTORNEYS' EYES

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ONLY. This trade secret information is highly sensitive and could be used

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by Apple's competitors to its disadvantage.

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e. Exhibits 78 through 82 contain photographs of Apple alternative design

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prototypes that reflect Apple’s product design process. These exhibits have

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also been designated HIGHLY CONFIDENTIAL - ATTORNEYS' EYES

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ONLY. This trade secret information is highly sensitive and could be used

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by Apple's competitors to its disadvantage.

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f. Exhibit 95 is an iPhone Product Timeline that contains confidential,
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proprietary market research and analysis, including information about the

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competitive landscape for mobile devices. This confidential business

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information was created at a significant cost to Apple, and could be used

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by Apple's competitors to its disadvantage.

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6.

Exhibit A to the Declaration of Alan Hedge, Ph.D. in Support of Apple’s

Opposition to Samsung’s Motion for Summary Judgment (“Hedge Declaration”) contains

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information that Apple treats as confidential in the ordinary course of its business. Specifically,
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Exhibit A contains trade secret information reflecting: Apple’s product design process, specifics

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regarding the iPad design project, and the inner workings of Apple’s industrial design group.

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This information is highly sensitive and could be used by Apple’s competitors to Apple’s

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disadvantage.
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7.

Exhibit 1 to the Declaration of Russell Winer in Support of Apple’s Opposition to

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Samsung’s Motion for Summary Judgment (“Winer Declaration”) contain information that Apple

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treats as confidential in the ordinary course of its business. Specifically, Exhibit 1 includes

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discussion of Apple's strategy regarding the design and composition of its advertisements. Public

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disclosure of such commercially sensitive information is inappropriate as it would provide
competitors with inside information about how Apple designs its advertisements, a process that

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Apple has invested significant time and money in and that Apple keeps confidential. It also
contains confidential information regarding Apple’s advertising expenditures and confidential,

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proprietary market research and analysis, including information about the competitive landscape

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for mobile devices. This business information was created at a significant cost to Apple, and

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could be used by Apple's competitors to its disadvantage, particularly because it discusses Apple's

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direct competitors.

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8.

Exhibits B-E, H and I to the Declaration of Terry Musika, Ph.D. in Support of

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Apple’s Opposition to Samsung’s Motion for Summary Judgment (“Musika Declaration”)

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contain information that Apple treats as confidential in the ordinary course of its business.

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Specifically:

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a. Exhibit B to the Musika Declaration is Exhibit 29-S to the Supplemental
Expert Report of Terry Musika, CPA (“Musika Supplemental Report”). It
contains confidential, proprietary market research and analysis, including

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information about the competitive landscape for mobile devices. This
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business information was created at a significant cost to Apple, and could

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be used by Apple's competitors to its disadvantage, particularly because it

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discusses Apple's direct competitors. It also contains highly confidential

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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

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not 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 C to the Musika Declaration is Exhibit 32-S to the Musika
Supplemental Report. It contains confidential, proprietary market research

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and analysis, including information about the competitive landscape for
mobile devices. This business information was created at a significant cost

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to Apple, and could be used by Apple's competitors to its disadvantage,

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particularly because it discusses Apple's direct competitors. It also

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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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c. Exhibit D to the Musika Declaration is Exhibit 30-S to the Supplemental

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Expert Report of Terry Musika, CPA. It contains confidential, proprietary

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market research and analysis, including information about the competitive

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landscape for mobile devices. This business information was created at a

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significant cost to Apple, and could be used by Apple's competitors to its
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disadvantage, particularly because it discusses Apple's direct competitors.

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It also 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
submitted to the Court under seal and not placed on the public record.
d. Exhibit E to the Musika Declaration is Exhibit 33-S to the Musika
Supplemental Report. It contains confidential, proprietary market research
and analysis, including information about the competitive landscape for
mobile devices. This business information was created at a significant cost

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to Apple, and could be used by Apple's competitors to its disadvantage,
particularly because it discusses Apple's direct competitors. It also

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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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e. Exhibit H to the Musika Declaration is Exhibit 25-S to the Supplemental

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Expert Report of Terry Musika, CPA. It contains information that is

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confidential and proprietary to Apple, and could be used to its disadvantage

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by competitors. It also 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 I to the Musika Declaration is the Expert Report of John R. Hauser.

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It contains confidential, proprietary market research and analysis, including
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information about the competitive landscape for mobile devices. This

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business information was created at a significant cost to Apple, and could

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be used by Apple's competitors to its disadvantage, particularly because it

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discusses Apple's direct competitors. It also contains highly confidential

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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

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not 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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9.

Exhibit A to the Declaration of Janusz A. Ordover, Ph.D. in Support of Apple’s

Opposition to Samsung’s Motion for Summary Judgment (“Ordover Declaration”) contain
information that Apple treats as confidential in the ordinary course of its business. Specifically:

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a. Exhibit A to the Ordover Declaration is the Expert Report of Dr. Janusz A.
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Ordover dated March 22, 2012. The report is designated HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY pursuant to the

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Protective Order. Paragraph 151 and 160 contain information regarding

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Apple’s pricing of its products for sales to network carriers. Paragraph 153

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and footnote 161 contain confidential information regarding Apple's patent

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licensing practices and individual patent licenses that it has entered into.

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10.

Exhibits A and B to the Declaration of Mark D. Selwyn in Support of Apple’s

Opposition to Samsung’s Motion for Summary Judgment (“Selwyn Declaration”) contain
information that Apple treats as confidential in the ordinary course of its business. Specifically:

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a. Exhibit A to the Selwyn Declaration is an excerpt from the deposition of
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Jon Hamkins, dated April 25, 2012. This transcript is marked HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY in accordance with the

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Protective Order. Page 12 contains confidential information concerning

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the costs that Apple has incurred in defending against certain of Samsung’s

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infringement claims in this litigation.

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b. Exhibit B to the Selwyn Declaration is an excerpt from the deposition of

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Venugopal Veeravalli, Dated April 23, 2012. This transcript is marked

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“Outside Attorneys’ Eyes Only – Confidential Intel Source Code” in

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accordance with the Protective Order. Page 10 contains confidential

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information concerning the costs that Apple has incurred in defending

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against certain of Samsung’s infringement claims in this litigation.

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11.

It is Apple’s policy not to disclose or describe its confidential financial, design and

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product development information. The information that is described above is confidential to
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Apple. Apple is well known worldwide for its corporate culture of carefully maintaining the

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confidentiality of its business information. If disclosed, the information in the materials described

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above could be used by Apple’s competitors to Apple’s disadvantage.

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12.

In addition, the Musika Declaration and Exhibits A through L thereto contain

highly confidential damages-related expert materials. The parties have stipulated that all
damages-related expert materials will be submitted to the Court under seal and not placed on the

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public record.
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13.

Finally, to the extent Apple’s Opposition and the other papers filed by Apple

concurrently therewith refer to or discuss the above-referenced materials, they could be used to
Apple’s disadvantage by competitors if they were not filed under seal, for the same reasons.

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14.

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 briefs and
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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