UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC
`
`Before the Honorable Theodore R. Essex
`
`
`
`In The Matter Of
`
`
`
`CERTAIN MOBILE DEVICES AND
`RELATED SOFTWARE
`
`Investigation No, 337-TA-750
`
`DECLARATION IN SUPPORT OF
`
`CONFIDENTIALITY OF CERTAIN EXHIBITS
`
`1, Jamie B. Beaber, state as follows:
`
`1.
`
`I am an associate at the law firm of Steptoe & Johnson, LLP, counsel for
`
`Respondent Motorola Mobility, Inc. (“Motorola”) in the above-referenced investigation.
`
`I am
`
`duly licensed as an attorney in the District of Columbia and Michigan.
`
`2.
`
`Motorola seeks in camera treatment for the hearing exhibits that are specifically
`
`identified and addressed further in the paragraphs below, referred to herein as “Confidential
`
`Exhibits.” The Confidential Exhibits addressed in this declaration contain one or more of the
`
`following types of confidential information:
`
`(1) Motorola's confidential business information
`
`concerning business relationships, distribution,
`
`inventory, cost of goods and prices;
`
`(2)
`
`Motorola's confidential business information concerning design, development, testing, technical
`
`information about, andg’or specifications for products,
`
`features and functionality used in
`
`Motorola's mobile phones,
`
`tablet computers, and related software;
`
`(3) certain deposition
`
`transcripts and witness statements that contain Motorola's confidential business information; (4)
`
`discovery responses that contain Motorola's confidential business information; (5) documents
`
`containing third party confidential business information as to which Motorola has confidentiality
`
`
`
`WASHINGTON, DC
`
`Before the Honorable Theodore R. Essex
`
`
`
`In The Matter Of
`
`
`
`CERTAIN MOBILE DEVICES AND
`RELATED SOFTWARE
`
`Investigation No, 337-TA-750
`
`DECLARATION IN SUPPORT OF
`
`CONFIDENTIALITY OF CERTAIN EXHIBITS
`
`1, Jamie B. Beaber, state as follows:
`
`1.
`
`I am an associate at the law firm of Steptoe & Johnson, LLP, counsel for
`
`Respondent Motorola Mobility, Inc. (“Motorola”) in the above-referenced investigation.
`
`I am
`
`duly licensed as an attorney in the District of Columbia and Michigan.
`
`2.
`
`Motorola seeks in camera treatment for the hearing exhibits that are specifically
`
`identified and addressed further in the paragraphs below, referred to herein as “Confidential
`
`Exhibits.” The Confidential Exhibits addressed in this declaration contain one or more of the
`
`following types of confidential information:
`
`(1) Motorola's confidential business information
`
`concerning business relationships, distribution,
`
`inventory, cost of goods and prices;
`
`(2)
`
`Motorola's confidential business information concerning design, development, testing, technical
`
`information about, andg’or specifications for products,
`
`features and functionality used in
`
`Motorola's mobile phones,
`
`tablet computers, and related software;
`
`(3) certain deposition
`
`transcripts and witness statements that contain Motorola's confidential business information; (4)
`
`discovery responses that contain Motorola's confidential business information; (5) documents
`
`containing third party confidential business information as to which Motorola has confidentiality
`
`
`
`obligations to a third party; and (6) material produced by third parties, including, but not limited
`
`to Atmel Corporation, Cirque Corporation, and Google, Inc, subject to the Protective Order
`
`entered in this investigation.
`
`3.
`
`Exhibits RX-765C, RX-Sl 1C through RX-816C; RX-862C; RX-865C; RX-871C;
`
`RX-903C; RX-905C; RX—908C; RX-912C through RX-914C; RX-994C; RX—l 1 17C; RX-1209C;
`
`RX-l2l 1C; RX—1237C; RX-l358C; RX-l359C; RX-l766C through RX-l769C; CX-O3OC; CX-
`
`224C; CX-226C through CX-238C; CX-24OC through CX—243C; CX-245C; CX-247C; CX-
`
`248C; CX-368C; CX-378C through CX-382C; CX—548C; JX-548C; JX-669C; and RDX-lO
`
`contain Motorola's confidential business information concerning business relationships, licensing,
`
`planning, operations, orders,
`
`inventory, costs, prices,
`
`revenues, unit sales, and net sales.
`
`Examples of documents falling within this category include, but are not limited to, contracts
`
`between Motorola and its vendors, purchase orders, internal planning documents, and financial
`
`spreadsheets.
`
`4.
`
`Exhibits RX-209C; RX—211C; RX-212C; RX—221C through RX-240C; RX-242C;
`
`RX-244C through RX-258C; RX-563C; RX-597C; RX-693C through RX—695C; RX-700C; RX—
`
`70lC; RX-704C; RX-755C through RX—764C; RX-766C; RX-768C; RX-824C through RX—
`
`828C; RX—831C through H-843C; RX-862C; RX-897C; RX-917C; RX-1212C; RX-1219C;
`
`RX-lZZlC; RX-1227C; RX—l23OC; RX-1233C; RX-1292C; H-I402C; RX-l407C through
`
`'RX‘MOQC; RXalélZZOCL through RX-l428C; RXd’E’fSéC through RX—l765C; RX—1823C‘; RX—
`
`lSZSC; CX-OZSC; CX-029C; CX-03IC; (IX-032C; CX~034C through CX~O36C; (IX—039C; CX-
`
`O4lC; CX-042C; CX-O48C; CX—049C; CX—OSlC; CX-053C through CX—OSSC; CX—O6lC; CX-
`
`066C; CX-O67C; CX-073C; CX-074C; CX-O87C through CX—094C; CX—l 1 1C; CX—l 12C; CX-
`
`lZlC; CX-183C through CX—l93C; CX—l95C; CX-ZOOC through CX-203C; CX-219C through
`
`
`
`(IX—222C; CX-289C; CX—294C through CX-299C; CX-383C; CX-384C; CX—386C; CX—388C;
`
`CX—392C; CX-484C; CX-485C; CX-497C; CX—498C; CX-526C; CX—532C; CX—SBSC; CX—
`
`547C; CX-549C; CX—SSZC; CX—SSSC; CX—568C through CX-570; JX—549C; JX-SSlC through
`
`JX—556C; JX-560C through JX—562C; JX-565C; JX—566C; JX—572C through JX—S74C; JX—578C
`
`through JX-6OOC; JX-603C through JX—668C; JX-671C; JX—673C; JX—675C; JX—677C; JX-
`
`678C; JX—680C through JX—685C; RDX—ll; RDX—IZ; RDX—l3; CDX—l; CDX-Z; and CDX—9
`
`contain Motorola‘s and/or vendor confidential business
`
`information concerning design,
`
`development, testing, technical information about, and specifications for products, features and
`
`functionality used in Motorola’s mobile phones,
`
`tablet computers, and related software.
`
`Examples of documents falling within this category include, but are not
`
`limited to, e—mail
`
`exchanges concerning design and development, product specifications, development guides and
`
`architecture documents.
`
`5.
`
`Exhibits CX-401C; JX—OlSC; JX—OlSC through JX—O2OC; JX—022C through JX—
`
`025C; RX-1859C; RX—1860C; RX—1868C; RX—1875C; through RX—l877C; RX-1887C; RX—
`
`1894C; and RX—1895C are deposition transcripts or witness statements that contain Motorola‘s
`
`confidential business information from one or more of the categories identified in paragraphs 3
`
`and 4.
`
`6.
`
`Exhibits numbers RX—l 161C; RX—1375C; RX—1376C; and JX—458C are currently
`
`piaeeholders for printed confidential source code information produced by Motorola pursuant to
`
`the January 14, 20M Amendment to the Protective Order in this investigation (Order No. 4).
`
`Source code is particularly sensitive confidential information, as confirmed by the additional
`
`provisions of Order No. 4. Source code exhibits have not been exchanged electronically and will
`
`be treated pursuant to the provisions of Order No. 4.
`
`
`
`7.
`
`Exhibits RX~105C through RX—lZ6C; RX-l86C; RX~187Cg and JX~54OC
`
`through JX~544C are marked as the confidential business information of third~party Hewlett-
`
`Packard.
`
`8r
`
`Exhibits RX—l72C through RX—lSOC; RX—123 SC; RX—l242C through RX—l252C;
`
`REC—1403C through RX-l406C; RX-l4lOC; RDX-ll; CDX-l; and CDX-9 are, or include
`
`information taken from, documents produced by third~party Atmel Corporation subject to the
`
`Protective Order entered in this investigation.
`
`9.
`
`Exhibits JX-Ol7C; JX-698C; RX-1862C; and 1879C are deposition transcripts
`
`and witness statements that contain Atmel Corporation’s confidential business information.
`
`10.
`
`Exhibits RX—933C; RX—ll62C; RX-lZlOC; RX—l379C; RX—l380C; CX—392C;
`
`and JX-46OC are currently placeholders for confidential source code information produced by
`
`third-party Atmel Corporation pursuant to Order Nos. 4 and 7. Source code is particularly
`
`sensitive confidential information, as confirmed by the additional provisions of Order No. 4.
`
`Source code exhibits have not been exchanged electronically and third party source code will be
`
`treated pursuant to the provisions of Order Nos. 4 and 7.
`
`ll.
`
`Exhibits RX-lSlC through RX~184C are documents produced by third—party
`
`Cirque Corporation subject to the Protective Order entered in this investigation.
`
`12.
`
`Exhibit JX~539C is, or includes information taken from, documents produced by
`
`third-party Goegle, Inc. subject to the Protective Order entered in this investigation.
`
`13.
`
`Exhibits
`
`JX—OZlC and JX-699C are transcripts of depositions of Google
`
`employees that contain Google confidential business information. Exhibits RX~1861C and RX-
`
`l869C; are witness statements of Google employees that contain Google‘s confidential business
`
`information.
`
`
`
`14.
`
`Exhibits ICC-1381C,
`
`JX—461C and JX—462C are currently placeholders for
`
`confidential source code information produced by third—party Google Inc. pursuant
`
`to the
`
`January 14, 2011 Amendment to the Protective Order in this investigation.
`
`15.
`
`Exhibits ICC-1382C; RX-1383C and JX-696C are currently placeholders for
`
`confidential source code information related to the PenPoint operating system.
`
`16.
`
`Exhibits RX-lSSC; RX-188C; RX-191C; RX-192C; RX-848C; RX-874C; RX-
`
`877C;
`
`ELK—0881C; RX-0885C; RX—1225C; RX—1232C; RDX—lO; CX-033C; CX—037C; CX—
`
`O38C; CX-O47C; CX-39OC; CX-391C; CX—564C through CX—567C; CX-571C through CX—
`
`573C; and JX-545C through JX 547C are, or include information taken from, documents
`
`produced by entities other than Motorola, including but not limited to additional third parties,
`
`subject to the Protective Order entered in this investigation.
`
`17.
`
`Exhibits RX-1858C; CX—358C; CX—SSOC; JX-7OOC; JX—701C; and JX—704C are
`
`deposition transcripts that contain third party confidential business information. Exhibits RX-
`
`187lC; RX-1874C; RX—1882C; and RX-1883C are witness statements that contain other third
`
`party confidential business information.
`
`18.
`
`There are additional demonstrative exhibits that have not yet been identified or
`
`provided, and the confidentiality of such exhibits has not yet been determined. Motorola may
`
`determine that certain demonstrative exhibits contain confidential information once such exhibits
`
`are compiled. Accordingly. Motorola reserves the right
`
`to designate as confidential any
`
`Motorola demonstrative exhibits. If necessary. Motorola Wili provide a supplemental declaration
`
`justifying the confidentiality of any so designated Motorola demonstrative exhibits.
`
`19.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`
`
`September 19, 2011
`
`aiwjarfiie B. Beaber
`
`
`
`Certain Mabiie Devices and Refined Software
`Investigation N0. 33 7- TA- 750
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that on, September 19, 2011 she caused the
`Declaration in Support of Confidentiality of Certain Exhibits
`to be served upon the parties as indicated below:
`
`
`The Honorable James Holbein
`
`El Via First Class Mail
`
`Secretary
`US. International Trade Commission
`500 E Street, SW, Room 112—F
`Washington, DC 20436
`
`1:] Via Hand Delivery
`(Originalplus six)
`El Via Electronic Filing (EDIS)
`[:1 Via Overnight Courier
`[:1 Via Facsimile
`
`
`k [:1 Via E—mail (PDF)
`[:1 Via First Class Mail
`The Honorable Theodore R. Essex
`IZI Via Hand Delivery
`Administrative Law Judge
`Two Copies
`US. International Trade Commission
`[:1 Via Overnight Courier
`500 E Street, SW, Room 317
`Washington, DC 20436
`[:1 Via Facsimile
`
`[:1 Via E—mail (PDF)
`Cl Via First Class Mail
`Gregory Moldafsky
`[:1 Via Hand Delivery
`Attorney Advisor
`[I Via Overnight Courier
`US. International Trade Commission
`1] Via Facsimile
`500 E Street, SW
`Washington, DC 20436
`121 Via E—mail (PDF)
`
`gregotyi moldafikvfiitusitcg9}
`
`
`
`Lisa Kattan
`
`Office of Unfair Import Investigations
`US. International Trade Commission
`500 E Street, SW
`Washington, DC 20436
`
`Mark Davis, Esq.
`Weil, Gotshal & Manges LLP
`1300 Eye Street, NW, Suite 900
`Washington, DC 20005
`
`Counser’for Complainant, Apple Inc.
`
`[:1 Via First Class Mail
`
`[:1 Via Hand Delivery
`[:1 Via Overnight Courier
`[:1 Via Facsimile
`121 Via E—mail (PDF)
`[is a, kartamifiusila gov
`
`[:1 Via First Class Mail
`[21 Via Hand Delivery
`D Via Overnight Courier
`El Via Facsimile
`[21 Via E—mail (PDF)
`
`
`Xe, mole. ?50§2iliweil. com
`lama/63501}. com
`
`
`
` a
`
`
`
`Timam.‘ Senior 1
`pecialist
`Paralegal S
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