`Case 1:13-cv-00919-JLH Document 492 Filed 04/26/23 Page 1 of 2 PagelD #: 51339
`
`IN THE UNITED STATES DISTRICT COURT ©
`FOR THE DISTRICT OF DELAWARE
`
`C.A.No. 13-919-JLH
`
`) )
`
`) )
`
`) )
`
`) )
`
`) )
`
`ARENDIS.A.R.L.,
`
`Plaintiff,
`
`Vv.
`
`GOOGLELLC,
`
`Defendant.
`
`DECLARATION OF MATTHEW R. CLEMENTS IN SUPPORT OF NON-PARTY
`APPLE INC.’S REQUEST TO SEAL PORTIONS OF THE TRIAL TRANSCRIPT
`FROM APRIL26, 2023
`
`I, Matthew R. Clements, declare as follows:
`
`ke
`
`I am overthe age of 18, a memberin good standingofthe bar of the State of
`
`California, and am Senior Counsel in the IP Transactions group at Apple Inc.If called as a
`
`witness, I could and wouldtestify competently to the information set forth in this declaration.
`
`2s
`
`I makethis declaration in support of Non-Party Apple Inc.’s Request to Seal
`
`Portions of the Trial Transcript from April 26, 2023.
`
`a
`
`I have reviewed the Settlement and License Agreement effective September 13,
`
`2021 between Apple andPlaintiff, Onebutton S.A.R.L., Violette Heger-Hedloy, and Atle Hedloy
`
`(the “Apple Agreement’).
`
`4.
`
`The Apple Agreement, and specifically the amount paid by Apple and license
`
`terms pursuant to the Apple Agreement is among Apple’s most highly sensitive and protected
`
`business information. As a matter of policy and practice, Apple does not makethis type of
`
`license agreement information available outside of the company.
`
`5.
`
`The terms of these agreements are not available from public sources. Apple
`
`would be seriously harmedif licensors and/or Apple competitors had open accessto this
`
`information, including in Apple’s many active and ongoing negotiations with various patent
`
`licensors andlitigants. Apple would also be harmedif its competitors had this level of insight
`
`
`
`Case 1:13-cv-00919-JLH Document 492 Filed 04/26/23 Page 2 of 2 PageID #: 51340
`Case 1:13-cv-00919-JLH Document 492 Filed 04/26/23 Page 2 of 2 PagelD #: 51340
`
`into the non-public and confidential resolution of negotiations with a patent licensor such as
`
`Arendi. Disclosure of the terms of the Apple Agreementto the public would be harmful to
`
`Apple’s future licensing negotiations, giving third parties insight into Apple’s license and
`
`payment terms. This would force Apple into an uneven bargaining position in future licensing
`
`deals or other negotiations.
`
`6.
`
`As a memberof the Apple IP Transactions group, I am aware of how Apple
`
`maintains and protects documents such as the Apple Agreement.
`
`7.
`
`Apple expendssignificant time and resources to maintain the confidentiality and
`
`nonpublic nature of the Apple Agreement and similar documents and information.
`
`8.
`
`Even within Apple, the Apple Agreementis not disseminated or accessible except
`
`to a small group of Apple employees who maintain its confidentiality.
`
`8,
`
`Disclosure of information produced in anotherlitigation in connection with the
`
`amountthat Apple settled that litigation for would also harm Applein its negotiations with
`
`litigants and patent holdersin the future.
`
`I declare under penalty of perjury under the laws of the United States of America and the
`
`State of California that the foregoing is true and correct.
`
`Executed this 26th ofApril, 2023, at
`
`__{ upertting OA
`
`;
`
`Matthew R. Clements
`AppleInc.
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
