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

Filing 211

Declaration of CYNDI WHEELER in Support of #195 Administrative Motion to File Under Seal Watson Declaration ISO Samsung's PI Opp. #115 and Exhibits filed byApple Inc.. (Attachments: #1 Proposed Order)(Related document(s) #195 ) (Lyon, Hervey) (Filed on 6/8/2012)

JOSH A. KREVITT (CA SBN 208552)
[e-mail]
H. MARK LYON (CA SBN 162061)
[e-mail]
GIBSON, DUNN & CRUTCHER LLP
1881 Page Mill Road
Palo Alto, CA 94304-1211
Telephone: [phone]
Facsimile: [phone]

WILLIAM F. LEE (pro hac vice)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, Massachusetts 02109
Telephone: [phone]
Facsimile: [phone]

MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
RICHARD S.J. HUNG (CA SBN 197425)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: [phone]

MARK D. SELWYN (CA SBN 244180)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, CA 94304
Telephone: [phone]
Facsimile: [phone]

Attorneys for Plaintiff and Counterclaim-Defendant Apple Inc.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
APPLE INC., a California corporation,
v.

Plaintiff,

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. 12-cv-00630-LHK (PSG)
DECLARATION OF CYNDI WHEELER
REGARDING SAMSUNG’S
ADMINISTRATIVE MOTION TO FILE
DOCUMENTS UNDER SEAL
(DECLARATION OF SCOTT L. WATSON
IN SUPPORT OF SAMSUNG’S
OPPOSITION TO APPLE’S MOTION FOR
PRELIMINARY INJUNCTION)

Defendants.
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,
v.

Counterclaim-Plaintiffs,

APPLE INC., a California corporation,
Counterclaim-Defendant.
WHEELER DECLARATION RE SAMSUNG’S
ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
12-CV-00630-LHK (PSG)

I, Cyndi Wheeler, declare and state as follows:
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Gibson, Dunn &
Crutcher LLP

1.

I am an attorney at Apple Inc. (“Apple”). Pursuant to Local Rules 7-11 and 79-5, I

submit this Declaration in connection with Defendants Samsung Electronics Co., Ltd., Samsung
Electronics America, Inc., and Samsung Telecommunications America, LLC’s (collectively,
“Samsung”) Administrative Motion to file Documents Under Seal to confirm that certain supporting
Exhibits to the Declaration of Scott L. Watson In Support of Samsung’s Opposition to Apple’s
Motion for Preliminary Injunction (the “Watson Declaration”), are confidential and sealable. I have
personal knowledge of the facts set forth in this Declaration and, if called as a witness, could and
would competently testify to them under oath.
2.

The requested relief is necessarily and narrowly tailored to protect the confidentiality

of the information contained in the following exhibits to the Watson Declaration.
3.

Exhibits B, C, and D to the Watson Declaration contain or otherwise reflect

confidential, proprietary market research and analysis prepared by or for Apple, as well as internal
analysis of such market research and analysis. Apple designated each of these documents as
“HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY” under the Protective Order. These
documents reflect Apple’s confidential business and marketing strategy, including information
pertaining to confidential Apple customer surveys and the competitive landscape for mobile devices.
Furthermore, these documents, and Exhibits C and D in particular, reveal Apple’s internal choices of
what market research upon which it will rely or otherwise use, as well as its conclusions regarding
the significance of such information. The business information contained in each of Exhibits B, C,
and D was created at significant cost to Apple and could be used by Apple’s competitors to its
disadvantage, particularly as it discusses Apple’s marketing strategy. It is Apple’s practice and
policy to maintain the confidentiality of this information; Apple does not disclose or comment on
even speculation about its business practices and market analysis.
4.

Exhibit F to the Watson Declaration contains Apple’s confidential information about

its sales and revenues regarding its iPhone products. Apple designated this document as “HIGHLY
CONFIDENTIAL-ATTORNEYS’ EYES ONLY” under the Protective Order, as it provides detailed,
commercially sensitive, internal data regarding such sales and revenues. It is Apple’s practice and
policy to maintain the confidentiality of the business information contained in Exhibit F, as it could
WHEELER DECLARATION RE SAMSUNG’S
ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
12-cv-00630-LHK (PSG)

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be used by Apple’s competitors to its disadvantage, particularly to the extent that such data reflects
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Apple’s internal strategy regarding its product releases.
5.

Exhibits B, C, D, and F to the Watson Declaration thus should remain under seal for

the reasons articulated above.
I declare under the penalty of perjury under the laws of the United States of America that the
forgoing is true and correct to the best of my knowledge.

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Dated: June 8, 2012

By:

/s/ Cyndi Wheeler
Cyndi Wheeler

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Gibson, Dunn &
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WHEELER DECLARATION RE SAMSUNG’S
ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
12-cv-00630-LHK (PSG)

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CERTIFICATE OF SERVICE
The undersigned hereby certifies that the foregoing document was filed electronically in
compliance with Civil 5 Local Rule 5.4, and will be served on all counsel for Samsung Electronics
Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC who
have consented to electronic service in accordance with Civil Local Rule 5.4 via the Court's ECF
system.
Date: June 8, 2012

By: /s/ Mark Lyon
H. Mark Lyon

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Gibson, Dunn &
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WHEELER DECLARATION RE SAMSUNG’S
ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
12-cv-00630-LHK (PSG)