Case 5:15-cv-02008-EJD Document 90-1 Filed 04/27/16 Page 1 of 3
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`1 Robert F. McCauley (SBN 162056)
`robert.mccauley@finnegan.com
`Jacob A. Schroeder (SBN 264717)
`jacob.schroeder@firrnegan.com
`3 FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`4 3300 Hillview A venue
`Palo Alto, CA 94304-1203
`5 Telephone:
`(650) 849-6600
`Facsimile:
`(650) 849-6666
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`Gerald F. Ivey (pro hac vice)
`7 Smith R. Brittingham IV (pro hac vice)
`Elizabeth A. Niemeyer (pro hac vice)
`John M. Williamson (pro hac vice)
`Rajeev Gupta (pro hac vice)
`9 Aidan C. Skoyles (pro hac vice)
`Cecilia Sanabria (pro hac vice)
`10 FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`901 New York Avenue, NW
`Washington, DC iooo 1-4413
`12 Telephone:
`(202) 408-4000
`Facsimile:
`(202) 408-4400
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`15
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`Stephen E. Kabakoff (pro hac vice)
`14 FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`3500 SunTrust Plaza
`303 Peachtree Street, N.E.
`16 Atlanta, GA 30308-3263
`Telephone:
`(404) 653- 6400
`17 Facsimile:
`(404) 653-6444
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`18 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., NAGRA VISION S.A., and
`22 NAGRA FRANCE S.A.S.
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`Plaintiffs,
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`v.
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`25 APPLE INC.,
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`Defendant.
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`CASE NO. 5:15-cv-02008-EJD (NMC)
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`DECLARATION OF WILLIAM
`GOLDMAN IN SUPPORT OF
`PLAINTIFFS' ADMINISTRATIVE
`MOTION TO PARTIALLY FILE
`UNDER SEAL PLAINTIFFS'
`OPPOSITION TO DEFENDANT'S
`MOTION TO PRECLUDE RELIANCE
`ON CERTAIN INVENTION DATES
`AND TO STRIKE CERTAIN
`ALLEGATIONS AND CERTAIN
`SUPPORTING EXHIBIT
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`DECLARATION OF WILLIAM GOLDMAN IN SUPPORT OF
`PLAINTIFFS' ADMINISTRATIVE MOTION TO FUS
`Case No. 5:I5-cv-02008-EJD (NMC)
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`

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`Case 5:15-cv-02008-EJD Document 90-1 Filed 04/27/16 Page 2 of 3
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`I, WILLIAM GOLDMAN, 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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`3 France S.A.S (collectively, "OpenTV") in the above-titled action. I submit this declaration in support
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`4 of Plaintiffs' Administrative Motion to Partially File Under Seal Plaintiffs' Opposition to
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`5 Defendant's Motion to Preclude Reliance on Certain Invention Dates and to Strike Certain
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`6 Allegations and Certain Supporting Exhibit filed concurrently herewith. The matters stated herein
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`are based upon my personal knowledge and belief, and, if called as a witness, I would testify as to
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`the following statements.
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`2.
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`I have reviewed OpenTV's Opposition to Defendant's Motion to Preclude Reliance
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`on Certain Invention Dates and to Strike Certain Allegations ("OpenTV's Opposition") and Exhibit
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`4 to the Declaration of Elizabeth A. Niemeyer in Support ofOpenTV's Opposition(" Niemeyer
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`12 Exhibit 4").
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`3.
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`For the reasons set forth below, OpenTV requests that the Court seal portions of
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`14 OpenTV's Opposition and Niemeyer Exhibit 4, as both documents disclose OpenTV confidential
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`and proprietary information.
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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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`18 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
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`system and when it was potentially incorporated into OpenTV'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 OpenTV 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
`DECLARATION OF WILLIAM GOLDMAN IN SUPPORT OF
`PLAINTIFFS' ADMINISTRATIVE MOTION TO FUS
`Case No. 5:15-cv-02008-EJD (NMC)
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`

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`Case 5:15-cv-02008-EJD Document 90-1 Filed 04/27/16 Page 3 of 3
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`advantage over its competitors in the marketplace. Indeed, OpenTV was previously victimized by a
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`hacking scandal by a competitor several years ago that involved cracking and leaking the encryption
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`scheme for a legacy version ofNagravision's conditional access system. Accordingly, development
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`dates and related information relating to the invention claimed in the '740 patent are important and
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`confidential information for OpenTV, and public disclosure of this information would or could cause
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`6 Open TV competitive harm. As such, OpenTV respectfully requests that the development date ofthe
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`'740 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 OpenTV's Opposition and Niemeyer Exhibit 4 lodged herewith.
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`7.
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`Good cause exists to seal those limited portions ofOpenTV's Opposition and of
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`11 Niemeyer Exhibit 4 described above, because those portions disclose information relating to
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`12 OpenTV's development and the development date of the security modules that led to the '740 patent.
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`13 The redacted information is highly confidential and nonpublic information, disclosure of which to
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`the public or competitors would cause OpenTV irreparable harm for the reasons set forth at least in
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`paragraph 5 above.
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`8.
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`I declare under penalty of perjury under the laws of the United States that the
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`foregoing is true and correct. Executed this 27th day of April, 2016.
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`By:
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`William Goldman
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`DECLARATION OF WILLIAM GOLDMAN IN SUPPORT OF
`PLAINTIFFS' ADMINISTRATIVE MOTION TO FUS
`Case No. 5:15-cv-02008-EJD (NMC)