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DECLARATION OF IRA BLUMBERG IN SUPPORT OF ADMINISTRATIVE MOTIONS TO SEAL 

Case Nos. 5:17-md-00220-LHK-NMC 

Daniel J. Stephenson (SBN 270722)

K&L GATES LLP 

10100 Santa Monica Boulevard 

Eighth Floor 

Los Angeles, CA 90067 

Telephone: (310) 552 5000 

Facsimile: (310) 552 5001 

Email: dan.stephenson@klgates.com 

Attorney for Lenovo (United States), Inc. and 

Motorola Mobility LLC 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN JOSE DIVISION 

FEDERAL TRADE COMMISSION, 

 Plaintiff, 

v. 

QUALCOMM INCORPORATED, a 

Delaware corporation, 

 Defendant. 

Case No. 5:17-cv-00220-LHK-NMC 

DECLARATION OF IRA BLUMBERG IN 

SUPPORT OF ADMINISTRATIVE 

MOTIONS TO FILE UNDER SEAL 

I, Ira Blumberg, Vice President of Intellectual Property at Lenovo (United States), Inc. 

(“Lenovo”), do hereby declare under oath as follows based upon my knowledge, information, and 

belief: 

1. I understand that the Defendant Qualcomm, Inc. (“Qualcomm”) has filed a Motion to 

Exclude Expert Testimony of Richard Donaldson, Dkt. No. 799 (“Qualcomm’s Motion”), which 

attaches as an exhibit Richard Donaldson’s expert report, Dkt. No. 799-2 (the “Donaldson Report”), 

and that portions of the Donaldson Report contain non-public, confidential, and highly sensitive 

business and commercial information of Lenovo, the disclosure of which would put Lenovo at an 

unfair competitive disadvantage in the marketplace. 

2. Consistent with the Qualcomm’s Administrative Motions to Seal regarding its Motion, 

Dkt. No. 800 (the “Administrative Motion to Seal”), Lenovo requests that the Court maintain certain 

limited portions of the Donaldson Report under seal. Lenovo is seeking to seal only those limited 

portions that are truly confidential in nature – as noted below. 

Case 5:17-cv-00220-LHK Document 1031 Filed 12/21/18 Page 1 of 4
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DECLARATION OF IRA BLUMBERG IN SUPPORT OF ADMINISTRATIVE MOTIONS TO SEAL 

Case Nos. 5:17-md-00220-LHK-NMC 

3. The Donaldson Report (Dkt. No. 799-2) contains a number of quotations and 

summaries of Lenovo’s confidential documents and information, including from my April 20, 2018 

deposition testimony in this case as well as my internal email communications. First, footnote 131 on 

page 46 and footnote 132 on page 47 of the Donaldson Report each cite and directly quote testimony 

from deposition pertaining to the royalty and licensing fees Lenovo has negotiated and pays to 

various cellular chipset suppliers and how those royalty and licensing fees compare between 

suppliers. Second, footnote 139 on page 49 of the Donaldson Report summarizes my deposition 

testimony regarding the terms negotiated and agreed to between Lenovo and Qualcomm regarding 

patent licenses as well as Lenovo’s internal position on certain of those negotiated terms. Third, 

footnote 164 on page 55 of the Donaldson Report cites to and directly quotes my deposition 

testimony regarding Lenovo’s strategy and ability to negotiate with chipset suppliers and the 

availability of alternative suppliers. Fourth, paragraphs 135-137, 139 and footnote 209 summarize 

and quote from Lenovo and Qualcomm’s licensing agreements, my deposition testimony, and various 

internal Lenovo and Motorola emails and document regarding the substance of Lenovo and 

Qualcomm’s negotiations; Lenovo’s strategy for negotiating with Qualcomm; the specific terms of 

Lenovo and Qualcomm’s agreements regarding chipsets and licenses; Lenovo’s internal opinions and 

positions regarding the terms of its agreements with Qualcomm; the ability of Lenovo to renegotiate 

its agreements with Qualcomm; and the status of continuing negotiations to extend the licensing 

agreements between Lenovo and Qualcomm. Lenovo maintains its sensitive business negotiations 

and agreements as well as its business strategy, plans, information, and analyses in strict confidence; 

they are not publicly known. If this sensitive information were to be released to the public, Lenovo’s 

competitors and potential business partners would gain insight into Lenovo’s internal business 

operations and strategy, which would compromise Lenovo’s competitive standing in the highly 

competitive cellular products market. 

4. Maintaining Lenovo’s internal business strategy, goals, plans, and analyses under 

strict confidence is critical to ensuring that its competitors are not able to exploit differences, modify 

to emulate, and at a minimum, better compete with Lenovo. Public access to the information noted 

Case 5:17-cv-00220-LHK Document 1031 Filed 12/21/18 Page 2 of 4
I above could pose significant financial harm to Lenovo with respect to its competitors as well as 

2 current and prospective business partners. 

3 5. Accordingly, the following portions of the Donaldson Report should be redacted and 

4 sealed: 

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Document 

Donaldson Report (Dkt. No. 799-2) 

Portion to be Sealed 

• 

.. 

Portion of footnote 131 on page 46 citing and quoting 

the deposition testimony of Ira Blumberg; 

Portion of footnote 13 2 on page 4 7 citing and quoting 

the deposition testimony of Ira Blumberg; 

Portion of footnote 13 9 on page 49 summarizing the 

terms of Lenovo' s agreements with Qualcomm and 

citing the deposition testimony of Ira Blumberg; 

Portion of footnote 164 on page 55 citing and quoting 

the deposition testimony of Ira Blumberg; and 

Paragraphs 135-137, 139 and footnote 209. 

14 I DECLARE UNDER PENALTY OF PERJURY AS A REPRESENTATIVE OF LENOVO 

(UNITED STATES), INC. THAT THE FOREGOING DECLARATION rs TRUE AND CORRECT 

15 TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF. EXECUTED THIS I Ith 

DAY OF SEPTEMBER, 2018. 

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Ira Blumberg 

Vice President of Intellectual Property 

Lenovo (United States), Inc. 

DECLARATION OF IRA BLUMBERG IN SUPPORT OF ADMINISTRATIVE MOTIONS TO SEAL 

Case Nos. 5:17-md-00220-LHK-NMC 

Case 5:17-cv-00220-LHK Document 1031 Filed 12/21/18 Page 3 of 4
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DECLARATION OF IRA BLUMBERG IN SUPPORT OF ADMINISTRATIVE MOTIONS TO SEAL 

Case No. 5:17-md-00220-LHK-NMC 

- 4 - 

ATTESTATION 

 I, Daniel J. Stephenson, am the ECF User whose ID and password are being used to file this 

document with the Clerk of the Court using CM/ECF which will send electronic notification of such 

filing to all registered counsel and, in compliance with Local Rule 5-1(i)(3), hereby attest that all 

signatories concur with this filing. 

 /s/ Daniel J. Stephenson 

Dated: December 21, 2018 Daniel J. Stephenson 

Case 5:17-cv-00220-LHK Document 1031 Filed 12/21/18 Page 4 of 4