Case 5:15-cv-02008-EJD Document 86-1 Filed 04/18/16 Page 1 of 3
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`Robert F. McCauley (SBN 162056)
`robert.mccauley@finnegan.com
`Jacob A. Schroeder (SBN 264717)
`jacob.schroeder@finnegan.com
`FINNEGAN, HENDERSON, FARABOW,
` GARRETT & DUNNER, LLP
`3300 Hillview Avenue
`Palo Alto, CA 94304-1203
`Telephone:
`(650) 849-6600
`Facsimile:
`(650) 849-6666
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`Gerald F. Ivey (pro hac vice)
`Smith R. Brittingham IV (pro hac vice)
`Elizabeth A. Niemeyer (pro hac vice)
`John M. Williamson (pro hac vice)
`Rajeev Gupta (pro hac vice)
`Aidan C. Skoyles (pro hac vice)
`Cecilia Sanabria (pro hac vice)
`FINNEGAN, HENDERSON, FARABOW,
` GARRETT & DUNNER, LLP
`901 New York Avenue, NW
`Washington, DC 20001-4413
`Telephone:
`(202) 408-4000
`Facsimile:
`(202) 408-4400
`
`Stephen E. Kabakoff (pro hac vice)
`FINNEGAN, HENDERSON, FARABOW,
` GARRETT & DUNNER, LLP
`3500 SunTrust Plaza
`303 Peachtree Street, N.E.
`Atlanta, GA 30308-3263
`Telephone:
`(404) 653- 6400
`Facsimile:
`(404) 653-6444
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`Attorneys for Plaintiffs
`OpenTV, Inc., Nagravision S.A., and Nagra France S.A.S.
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN FRANCISCO DIVISION
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`OPENTV, INC., NAGRAVISION S.A., and
`NAGRA FRANCE S.A.S.
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`CASE NO. 5:15-cv-02008-EJD (NMC)
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`DECLARATION OF BRIAN PLATT
`RESPONDING TO APPLE’S MOTION
`TO SEAL AND IN SUPPORT OF
`PLAINTIFFS’ ADMINISTRATIVE
`MOTION TO PARTIALLY FILE
`UNDER SEAL DEFENDANT’S
`MOTION TO PRECLUDE AND
`CERTAIN SUPPORTING EXHIBIT
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`DECLARATION OF BRIAN PLATT IN SUPPORT OF PLAINTIFFS’
`ADMINISTRATIVE MOTION TO FILE UNDER SEAL
`Case No. 5:15-cv-02008-EJD (NMC)
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`Plaintiffs,
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`Defendant.
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`APPLE INC.,
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`Case 5:15-cv-02008-EJD Document 86-1 Filed 04/18/16 Page 2 of 3
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`I, BRIAN PLATT, declare as follows:
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`1.
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`I am an in-house attorney for Plaintiffs OpenTV, Inc., Nagravision S.A., and Nagra
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`France S.A.S (collectively, “OpenTV”) in the above-titled action. I submit this declaration to
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`respond to Apple’s Administrative Motion to File Under Seal (ECF No. 84) and in support of
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`Plaintiffs’ Administrative Motion to Partially File Under Seal Defendant’s Motion to Preclude and
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`Supporting Exhibit filed concurrently herewith. The matters stated herein are based upon my
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`personal knowledge and belief, and, if called as a witness, I would testify as to the following
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`statements.
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`2.
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`I have reviewed Defendant Apple Inc.’s Motion to Preclude Reliance on Certain
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`Invention Dates and to Strike Certain Allegations (ECF No. 85) (“Apple’s Motion”), portions of
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`which Apple Inc. (“Apple”) requested be filed under seal in Apple’s Administrative Motion to File
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`Under Seal (ECF No. 84) because they contain confidential OpenTV information (described below).
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`I have also reviewed Exhibits 2, 7, and 8 to the Declaration of Melody Drummond Hansen in
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`Support of Defendant’s Motion (“Hansen Exhibits 2, 7, and 8”), which Apple requested to be sealed
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`in their entireties because they contain OpenTV information.
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`3.
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`For the reasons set forth below, OpenTV requests that the Court seal the same
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`portions of Apple’s Motion that Apple requested be sealed. OpenTV also requests that the Court seal
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`some but not all of Hansen Exhibit 7, i.e., OpenTV requests that the Court seal the highlighted
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`portions of Hansen Exhibit 7 being lodged herewith. OpenTV does not request that the Court seal
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`Hansen Exhibits 2 or 8 to Apple’s Motion.
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`4.
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`Like Apple and all other technology companies I am aware of, OpenTV treats the
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`development of its inventions as confidential and proprietary information within OpenTV.
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`Disclosure of details relating to the development of the invention that led to U.S. Patent No.
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`7,725,740 (“the ’740 patent”) to the public or competitors would or could cause OpenTV
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`commercial and competitive harm.
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`5.
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`The ’740 patent “generally concerns the domain of security modules.” ’740 Patent at
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`1:12-14. Specifically, it describes a method for generating keys to secure a hardware system from
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`outside attacks, potentially by hackers. Publicizing the development date relating to that security
`DECLARATION OF BRIAN PLATT IN SUPPORT OF PLAINTIFFS’
`
`ADMINISTRATIVE MOTION TO FILE UNDER SEAL
`Case No. 5:15-cv-02008-EJD (NMC)
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`Case 5:15-cv-02008-EJD Document 86-1 Filed 04/18/16 Page 3 of 3
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`system and when it was potentially incorporated into Open TV's products, and information related to
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`same, would provide would-be hackers with information about the security protocols present (or not
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`present) in certain Open TV products, and when such security protocols may have been implemented,
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`that would otherwise remain secret Such public disclosure would weaken the strong security
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`protocols that Open TV has worked to develop and market to its customers as part of its competitive
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`advantage over its competitors in the marketplace. Accordingly, development dates and related
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`information relating to the invention claimed in the '740 patent are important and confidential
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`information for Open TV, and public disclosure of this information would or could cause OpenTV
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`competitive harm. As such, OpenTV respectfully requests that the development date of the '740
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`patent and related information be filed under seal.
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`6.
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`The development date of the invention that led to the '740 patent and related
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`information appears in (1) those highlighted portions of Apple' s Motion (at pages 6, 7, 9, and 12)
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`that Apple requested be sealed and which OpenTV requests be sealed, and (2) those highlighted
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`portions of llansen Exhibit 7 that OpenTV is lodging herewith.
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`7.
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`Regarding Hansen Exhibits 2 and 8, which are portions of Open TV's responses to
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`16 Apple's First Set oflnterrogatories, Apple requested that both Exhibits be filed under seal in their
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`entirety. Upon further review, OpenTV has determined that Exhibits 2 and 8 need not be filed under
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`seal.
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`8.
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`Good cause exists to seal those limited portions of Apple's Motion and Hansen
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`20 Exhibit 7 described above, because those portions disclose information relating to Open TV's
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`development and development date of the security modules that led to the '740 patent. The redacted
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`information is highly confidential and nonpublic information, disclosure of which to the public or
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`competitors would cause Open TV irreparable harm for the reasons set forth in paragraph 5 above.
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`9.
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`T <.lt::clare under penalty of perjury under the laws of the United States that the
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`foregoing is true and correct. Executed this 18th day of April, 2016.
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`~0
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`Brian Platt
`DECLARATION OF BRIAN PLATT IN SUPPORT OF PLAINTIFFS'
`ADM!NISTRATI VE MOTION TO FILE UNDER SEAL
`Case No. 5: I 5-<:v-02008-EJD (NMC)
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