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DECLARATION OF TODD MADDEROM IN SUPPORT OF ADMINISTRATIVE MOTION TO SEAL 

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

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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 TODD MADDEROM 

IN SUPPORT OF ADMINISTRATIVE 

MOTION TO FILE UNDER SEAL 

I, Todd Madderom, Director of Procurement at Motorola Mobility LLC (“Motorola”), 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 and 1024-1 (the “Donaldson 

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

sensitive business and commercial information of Motorola, the disclosure of which would put 

Motorola at an unfair competitive disadvantage in the marketplace. 

2. Consistent with the Administrative Motion to Seal filed by Qualcomm, Dkt. No. 1024 

(the “Administrative Motion to Seal”), Motorola requests that the Court maintain certain limited 

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

that are truly confidential in nature and it is not seeking to seal all of the portions identified by 

Qualcomm – as noted below. 

Case 5:17-cv-00220-LHK Document 1030 Filed 12/21/18 Page 1 of 4
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DECLARATION OF TODD MADDEROM IN SUPPORT OF ADMINISTRATIVE MOTION TO SEAL 

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

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3. Paragraph 36 of the Donaldson Report consists of a narrative summary of the various 

agreements between Motorola and Qualcomm over a period of 15 years and discloses the terms of 

those agreements, including disclosing the specific royalty rates agreed to between Motorola and 

Qualcomm and how those royalties changed over time. Motorola maintains this type of sensitive 

business information, agreements, and terms in strict confidence; it is not publicly known. 

4. Footnote 31 of the Donaldson Report discloses the specific royalty receipt rate 

between Qualcomm and Motorola from subscriber unit licenses. Motorola maintains this type of 

sensitive business information in strict confidence; it is not publicly known. 

5. Footnote 206 of the Donaldson Report quotes and summarizes portions of my 

investigative testimony given on March 9, 2016 regarding Motorola’s contractual and business 

negotiations with Qualcomm pertaining to cellular chipsets, including Motorola’s internal concerns 

and strategy affecting, motivating, and shaping those negotiations and the business consequences of 

them. Motorola maintains this type of sensitive business information, strategy, and concerns in strict 

confidence; it is not publicly known. 

6. If the terms of Motorola’s agreements and its related negotiations, strategies, and 

concerns driving its business negotiations pertaining to cellular chipsets were to be released to the 

public, Motorola’s competitors and potential business partners would gain insight into Motorola’s 

internal business operations and strategy, which would compromise Motorola’s competitive standing 

in the highly competitive cellular products market. Accordingly, Motorola’s confidential information 

should be redacted from the Donaldson Report, as set forth below. 

Conclusion 

7. Maintaining Motorola’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 Motorola. Public access to the information noted 

above could pose significant financial harm to Motorola with respect to its competitors as well as 

current and prospective business partners. 

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

sealed: 

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Case 5:17-cv-00220-LHK Document 1030 Filed 12/21/18 Page 3 of 4
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DECLARATION OF TODD MADDEROM IN SUPPORT OF ADMINISTRATIVE MOTION TO SEAL 

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

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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 1030 Filed 12/21/18 Page 4 of 4