MORIARTY DECLARATION ISO THE FTC’S 

MOTION TO FILE UNDER SEAL PORTIONS 

THE FTC’S MOTION FOR SUMMARY JUDGMENT

CASE NO. 3:17-CV-0039 PAGE 1 

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Kevin H. Moriarty (DC Bar No. 975904) 

Cathlin Tully (NY Bar) 

Shameka L. Walker (DC Bar No. 493891) 

Jarad Brown (CA Bar No. 294516) 

Katherine E. McCarron (DC Bar No. 486335) 

James A. Trilling (DC Bar No. 467273) 

Federal Trade Commission 

600 Pennsylvania Avenue NW, Mail Drop CC-8232 

Washington, DC 20580 

P: (202) 326-2949/F: (202) 326-3062 

kmoriarty@ftc.gov; ctully@ftc.gov; swalker@ftc.gov; 

jbrown4@ftc.gov; kmccarron@ftc.gov; jtrilling@ftc.gov 

Attorneys for Plaintiff Federal Trade Commission 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

FEDERAL TRADE COMMISSION, 

 Plaintiff, 

 v. 

D-LINK SYSTEMS, INC., 

 Defendant. 

CIVIL ACTION NO. 

3:17-CV-00039-JD 

DECLARATION OF KEVIN H. 

MORIARTY IN SUPPORT OF 

FEDERAL TRADE COMMISSION’S 

ADMINISTRATIVE MOTION TO FILE 

UNDER SEAL PORTIONS OF THE 

FEDERAL TRADE COMMISSION’S 

MOTION FOR SUMMARY 

JUDGMENT ON LIABILITY ON 

COUNTS 2, 3, AND 6 

I, Kevin Moriarty, declare as follows: 

1. I am an attorney for the Federal Trade Commission (“FTC”) in this matter. I 

submit this declaration in support of the FTC’s Administrative Motion to File Under Seal 

Portions of the FTC’s Motion For Summary Judgment on Liability on Counts 2, 3, and 6, filed 

concurrently with this declaration. The matters stated in this declaration are true of my own 

knowledge and, if necessary, I could and would testify competently thereto. 

2. The FTC’s Motion For Summary Judgment on Liability on Counts 2, 3, and 6 
MORIARTY DECLARATION ISO THE FTC’S 

MOTION TO FILE UNDER SEAL PORTIONS 

THE FTC’S MOTION FOR SUMMARY JUDGMENT

CASE NO. 3:17-CV-0039 PAGE 2 

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discusses information provided by Defendant D-Link Systems, Inc. (“D-Link Systems”) or DLink Corporation, and attaches these documents as exhibits to the Declaration of Kevin H. 

Moriarty submitted in support thereof. This information has been designated as confidential 

pursuant to the Protective Order Regarding Discovery Materials (Dkt. 80) (May 26, 2017) 

(entered by Order Dkt. 83 (June 7, 2017)). 

3. Counsel for the parties have agreed to follow Paragraph 31 of the Standing Order 

for Civil Cases Before Judge James Donato, which applies to circumstances in which multiple 

administrative motions to seal would be filed if normal procedures were followed. 

4. Pursuant to L.R. 79-5(d)(1)(C), attached hereto is a redacted, public version of the 

FTC’s Motion For Summary Judgment on Liability on Counts 2, 3, and 6. 

5. Pursuant to L.R. 79-5(d)(1)(D), attached hereto, filed under seal, are the following 

documents: 

Document to be sealed Reason for sealing 

The FTC’ Motion for Summary Judgment on 

Liability on Counts 2, 3, and 6 (with 

highlighting over language proposed to be 

sealed). 

Quotation and discussion of information 

designated by D-Link Systems, Inc. as 

confidential pursuant to Protective Order 

(Dkt. No. 80). 

Excerpts of the Ah Jee (AJ) Wang deposition 

transcript (Dec. 6, 2017), also marked 

PX02003 

(Exhibit 5 to the Declaration of Jarad Brown 

in Support of Federal Trade Commission’s 

Motion for Summary Judgment). 

Document designated as confidential pursuant 

to Protective Order (Dkt. No. 80). 

Excerpts of the William Brown 

Investigational Hearing transcript (July 29-31, 

Document designated as confidential pursuant 

to Protective Order (Dkt. No. 80). 
MORIARTY DECLARATION ISO THE FTC’S 

MOTION TO FILE UNDER SEAL PORTIONS 

THE FTC’S MOTION FOR SUMMARY JUDGMENT

CASE NO. 3:17-CV-0039 PAGE 3 

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2014), also marked PX02000 

(Exhibit 6 to the Declaration of Jarad Brown 

in Support of Federal Trade Commission’s 

Motion for Summary Judgment). 

Excerpts of the D-Link Corp. 30(b)(6) 

witness, Peter Tsai, deposition transcript (Jan. 

30, 2018) 

(Exhibit 9 to the Declaration of Jarad Brown 

in Support of Federal Trade Commission’s 

Motion for Summary Judgment). 

Document designated as confidential pursuant 

to Protective Order (Dkt. No. 80). 

Excerpts of the D-Link Systems 30(b)(6) 

witness, William C. Brown, deposition 

transcript (Apr. 25, 2018) 

(Exhibit 10 to the Declaration of Jarad Brown 

in Support of Federal Trade Commission’s 

Motion for Summary Judgment). 

Document designated as confidential pursuant 

to Protective Order (Dkt. No. 80). 

Excerpts of D-Link Systems’ First Amended 

Answers and Objections to the FTC’s Third 

Set Interrogatories (served Apr. 20, 2018) 

(Exhibit 11 to the Declaration of Jarad Brown 

in Support of Federal Trade Commission’s 

Motion for Summary Judgment). 

Document designated as confidential pursuant 

to Protective Order (Dkt. No. 80). 

Excerpts of D-Link Systems’ Answers and 

Objections to the FTC’s Fifth Set of 

Interrogatories (served May 4, 2018) 

Document designated as confidential pursuant 

to Protective Order (Dkt. No. 80). 
MORIARTY DECLARATION ISO THE FTC’S 

MOTION TO FILE UNDER SEAL PORTIONS 

THE FTC’S MOTION FOR SUMMARY JUDGMENT

CASE NO. 3:17-CV-0039 PAGE 4 

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(Exhibit 12 to the Declaration of Jarad Brown 

in Support of Federal Trade Commission’s 

Motion for Summary Judgment). 

Excerpts of D-Link Systems’ Answers and 

Objections to the FTC’s Sixth Set of 

Interrogatories (served June 4, 2018) 

(Exhibit 13 to the Declaration of Jarad Brown 

in Support of Federal Trade Commission’s 

Motion for Summary Judgment). 

Document designated as confidential pursuant 

to Protective Order (Dkt. No. 80). 

Excerpts of D-Link Systems’ Answers and 

Objections to the FTC’s First Set of Requests 

for Admission (served May 18, 2018) 

(Exhibit 14 to the Declaration of Jarad Brown 

in Support of Federal Trade Commission’s 

Motion for Summary Judgment). 

Document designated as confidential pursuant 

to Protective Order (Dkt. No. 80). 

Email chain, produced by D-Link Systems at 

DKS00035676-79, also marked PX03094 

(Exhibit 17 to the Declaration of Jarad Brown 

in Support of Federal Trade Commission’s 

Motion for Summary Judgment). 

Document designated as confidential pursuant 

to Protective Order (Dkt. No. 80). 

Email chain and attachments thereto, 

produced by D-Link Systems at 

DLS0038372-77 (Aug. 14, 2014), also 

marked as PX03169 

(Exhibit 18 to the Declaration of Jarad Brown 

Document designated as confidential pursuant 

to Protective Order (Dkt. No. 80). 
MORIARTY DECLARATION ISO THE FTC’S 

MOTION TO FILE UNDER SEAL PORTIONS 

THE FTC’S MOTION FOR SUMMARY JUDGMENT

CASE NO. 3:17-CV-0039 PAGE 5 

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in Support of Federal Trade Commission’s 

Motion for Summary Judgment). 

Document produced by D-Link Corporation 

at DKC0003949-51. 

(Exhibit 22 to the Declaration of Jarad Brown 

in Support of Federal Trade Commission’s 

Motion for Summary Judgment). 

Document designated as confidential pursuant 

to Protective Order (Dkt. No. 80). 

Document produced by D-Link Corporation 

at DKC0003966-4003, also marked PX04170 

(Exhibit 24 to the Declaration of Jarad Brown 

in Support of Federal Trade Commission’s 

Motion for Summary Judgment). 

Document designated as confidential pursuant 

to Protective Order (Dkt. No. 80). 

Document produced by D-Link Systems at 

DLS0059990-91, also marked PX03213 

(Exhibit 25 to the Declaration of Jarad Brown 

in Support of Federal Trade Commission’s 

Motion for Summary Judgment). 

Document designated as confidential pursuant 

to Protective Order (Dkt. No. 80). 

Document produced by D-Link Corporation 

at DKC1896734-848, also marked PX04156 

(Exhibit 26 to the Declaration of Jarad Brown 

in Support of Federal Trade Commission’s 

Motion for Summary Judgment). 

Document designated as confidential pursuant 

to Protective Order (Dkt. No. 80). 

Email chain produced by D-Link Systems at 

DLS0021794-801, also marked PX03203 

(Exhibit 27 to the Declaration of Jarad Brown 

Document designated as confidential pursuant 

to Protective Order (Dkt. No. 80). 
MORIARTY DECLARATION ISO THE FTC’S 

MOTION TO FILE UNDER SEAL PORTIONS 

THE FTC’S MOTION FOR SUMMARY JUDGMENT

CASE NO. 3:17-CV-0039 PAGE 6 

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in Support of Federal Trade Commission’s 

Motion for Summary Judgment). 

Document produced by D-Link Systems at 

DLS0060220-21, also marked as PX03204 

(Exhibit 28 to the Declaration of Jarad Brown 

in Support of Federal Trade Commission’s 

Motion for Summary Judgment). 

Document designated as confidential pursuant 

to Protective Order (Dkt. No. 80). 

Document produced by D-Link Systems at 

DLS0060338-41, also marked PX03208 

(Exhibit 29 to the Declaration of Jarad Brown 

in Support of Federal Trade Commission’s 

Motion for Summary Judgment). 

Document designated as confidential pursuant 

to Protective Order (Dkt. No. 80). 

Document produced by D-Link Systems at 

DLS0053132, also marked as PX03085 

(Exhibit 30 to the Declaration of Jarad Brown 

in Support of Federal Trade Commission’s 

Motion for Summary Judgment). 

Document designated as confidential pursuant 

to Protective Order (Dkt. No. 80). 

Document produced by D-Link Systems at 

DLS0060307-09, also marked PX03206 

(Exhibit 31 to the Declaration of Jarad Brown 

in Support of Federal Trade Commission’s 

Motion for Summary Judgment). 

Document designated as confidential pursuant 

to Protective Order (Dkt. No. 80). 

Document produced by D-Link Systems at 

DLS0060368-71, also marked PX03207 

(Exhibit 32 to the Declaration of Jarad Brown 

Document designated as confidential pursuant 

to Protective Order (Dkt. No. 80). 
MORIARTY DECLARATION ISO THE FTC’S 

MOTION TO FILE UNDER SEAL PORTIONS 

THE FTC’S MOTION FOR SUMMARY JUDGMENT

CASE NO. 3:17-CV-0039 PAGE 7 

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in Support of Federal Trade Commission’s 

Motion for Summary Judgment). 

Email chain produced by D-Link Systems at 

DLS0049144-45, also marked PX03196 

(Exhibit 33 to the Declaration of Jarad Brown 

in Support of Federal Trade Commission’s 

Motion for Summary Judgment). 

Document designated as confidential pursuant 

to Protective Order (Dkt. No. 80). 

Email chain produced by D-Link Systems at 

DLS0025082-87, also marked PX03174. 

(Exhibit 34 to the Declaration of Jarad Brown 

in Support of Federal Trade Commission’s 

Motion for Summary Judgment). 

Document designated as confidential pursuant 

to Protective Order (Dkt. No. 80). 

Excerpts of documents produced by D-Link 

Corporation 

(Exhibit 35 to the Declaration of Jarad Brown 

in Support of Federal Trade Commission’s 

Motion for Summary Judgment). 

Documents designated as confidential 

pursuant to Protective Order (Dkt. No. 80). 

Email chain produced by D-Link Systems at 

DLS0055582-86 

(Exhibit 36 to the Declaration of Jarad Brown 

in Support of Federal Trade Commission’s 

Motion for Summary Judgment) 

Document designated as confidential pursuant 

to Protective Order (Dkt. No. 80). 

Email chain produced by D-Link Systems at 

DLS0015139-44, also marked PX03118 

(Exhibit 37 to the Declaration of Jarad Brown 

Document designated as confidential pursuant 

to Protective Order (Dkt. No. 80). 
MORIARTY DECLARATION ISO THE FTC’S 

MOTION TO FILE UNDER SEAL PORTIONS 

THE FTC’S MOTION FOR SUMMARY JUDGMENT

CASE NO. 3:17-CV-0039 PAGE 8 

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in Support of Federal Trade Commission’s 

Motion for Summary Judgment). 

Email chain produced by D-Link Systems at 

DLS0041665-67, also marked PX03121 

(Exhibit 38 to the Declaration of Jarad Brown 

in Support of Federal Trade Commission’s 

Motion for Summary Judgment). 

Document designated as confidential pursuant 

to Protective Order (Dkt. No. 80). 

Email chain produced by D-Link Systems at 

DKS00009095-96, 

(Exhibit 39 to the Declaration of Jarad Brown 

in Support of Federal Trade Commission’s 

Motion for Summary Judgment). 

Document designated as confidential pursuant 

to Protective Order (Dkt. No. 80). 

Document produced by D-Link Systems at 

DLS0060250-52, also marked PX03188 

(Exhibit 40 to the Declaration of Jarad Brown 

in Support of Federal Trade Commission’s 

Motion for Summary Judgment). 

Document designated as confidential pursuant 

to Protective Order (Dkt. No. 80). 

Document produced by D-Link Systems at 

DLS0060368-71, also marked PX03207 

(Exhibit 41 to the Declaration of Jarad Brown 

in Support of Federal Trade Commission’s 

Motion for Summary Judgment). 

Document designated as confidential pursuant 

to Protective Order (Dkt. No. 80). 

Email chain produced by D-Link Systems at 

DLS0023965-70, also marked PX03200 

(Exhibit 42 to the Declaration of Jarad Brown 

Document designated as confidential pursuant 

to Protective Order (Dkt. No. 80). 
MORIARTY DECLARATION ISO THE FTC’S 

MOTION TO FILE UNDER SEAL PORTIONS 

THE FTC’S MOTION FOR SUMMARY JUDGMENT

CASE NO. 3:17-CV-0039 PAGE 9 

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in Support of Federal Trade Commission’s 

Motion for Summary Judgment). 

Document produced by D-Link Systems at 

DLS0059960-63, also marked PX03202 

(Exhibit 44 to the Declaration of Jarad Brown 

in Support of Federal Trade Commission’s 

Motion for Summary Judgment). 

Document designated as confidential pursuant 

to Protective Order (Dkt. No. 80). 

Document produced by D-Link Systems at 

DLS0023364, also marked PX03192. 

(Exhibit 45 to the Declaration of Jarad Brown 

in Support of Federal Trade Commission’s 

Motion for Summary Judgment). 

Document designated as confidential pursuant 

to Protective Order (Dkt. No. 80). 

Email chain produced by D-Link Systems at 

DLS0023351-54, also marked PX03191 

(Exhibit 46 to the Declaration of Jarad Brown 

in Support of Federal Trade Commission’s 

Motion for Summary Judgment). 

Document designated as confidential pursuant 

to Protective Order (Dkt. No. 80). 

Document produced by D-Link Systems at 

DKS00000340-421, also marked PX03250 

(Exhibit 47 to the Declaration of Jarad Brown 

in Support of Federal Trade Commission’s 

Motion for Summary Judgment). 

Document designated as confidential pursuant 

to Protective Order (Dkt. No. 80). 

Excerpts of the William Brown deposition 

transcript (Mar. 14, 2018), also marked 

PX02001 

Document designated as confidential pursuant 

to Protective Order (Dkt. No. 80). 
MORIARTY DECLARATION ISO THE FTC’S 

MOTION TO FILE UNDER SEAL PORTIONS 

THE FTC’S MOTION FOR SUMMARY JUDGMENT

CASE NO. 3:17-CV-0039 PAGE 10 

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(Exhibit 49 to the Declaration of Jarad Brown 

in Support of Federal Trade Commission’s 

Motion for Summary Judgment). 

Excerpts of document produced by D-Link 

Systems at DKS00031958-2025, also marked 

PX03251 

(Exhibit 50 to the Declaration of Jarad Brown 

in Support of Federal Trade Commission’s 

Motion for Summary Judgment). 

Document designated as confidential pursuant 

to Protective Order (Dkt. No. 80). 

Native file-format document, produced by DLink Systems at DKS00002081 

(Exhibit 51 to the Declaration of Jarad Brown 

in Support of Federal Trade Commission’s 

Motion for Summary Judgment). 

Document designated as confidential pursuant 

to Protective Order (Dkt. No. 80). 

Email chain produced by D-Link Systems at 

DLS0022930-32 

(Exhibit 52 to the Declaration of Jarad Brown 

in Support of Federal Trade Commission’s 

Motion for Summary Judgment). 

Document designated as confidential pursuant 

to Protective Order (Dkt. No. 80). 

Email chain produced by D-Link Systems at 

DKC0024145-49 

(Exhibit 53 to the Declaration of Jarad Brown 

in Support of Federal Trade Commission’s 

Motion for Summary Judgment). 

Document designated as confidential pursuant 

to Protective Order (Dkt. No. 80). 

Excerpts of the Expert Report of Dr. Patrick Document designated as confidential pursuant 
MORIARTY DECLARATION ISO THE FTC’S 

MOTION TO FILE UNDER SEAL PORTIONS 

THE FTC’S MOTION FOR SUMMARY JUDGMENT

CASE NO. 3:17-CV-0039 PAGE 11 

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Schaumont (served July 6, 2018). (Exhibit 

56 to the Declaration of Jarad Brown in 

Support of Federal Trade Commission’s 

Motion for Summary Judgment) 

to Protective Order (Dkt. No. 80). 

Declaration of Mark G. Graff (Sept. 18, 

2018), incorporating his Expert Report. 

(Exhibit 57 to the Declaration of Jarad Brown 

in Support of Federal Trade Commission’s 

Motion for Summary Judgment) 

Quotation and discussion of information 

designated by D-Link Systems, Inc. as 

confidential pursuant to Protective Order 

(Dkt. No. 80). 

I declare under penalty of perjury under the laws of the United States that the foregoing is 

true and correct. 

Executed this 21st day of September, 2018, at Washington, DC. 

 /s/ Kevin H. Moriarty 

Kevin H. Moriarty