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

James G. Kress 

Andrew L. Lucarelli 

BAKER BOTTS L.L.P. 

1299 Pennsylvania Avenue, NW 

Washington, DC 20004 

Telephone: (202) 639-7700 

Facsimile: (202) 639-7890 

james.kress@bakerbotts.com 

drew.lucarelli@bakerbotts.com 

Stuart C. Plunkett (SBN 187971) 

BAKER BOTTS L.L.P. 

101 California Street, Suite 3600 

San Francisco, CA 94111 

Telephone: (415) 291-6203 

Facsimile: (415) 291-6303 

stuart.plunkett@bakerbotts.com 

Attorneys for non-party Ericsson Inc. 

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 

The Honorable Lucy H. Koh 

DECLARATION OF ANDREW L. 

LUCARELLI IN SUPPORT OF JOINT 

ADMINISTRATIVE MOTION TO FILE 

UNDER SEAL PORTIONS OF 

DEFENDANT QUALCOMM’S 

OPPOSITION TO MOTION FOR 

PARTIAL SUMMARY JUDGMENT (DKT. 

NO. 872) 

Case 5:17-cv-00220-LHK Document 886 Filed 09/28/18 Page 1 of 4
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LUCARELLI DECL. - 1 - Case No. 5:17-cv-00220-LHK-NMC 

I, Andrew L. Lucarelli, do hereby state and declare as follows: 

1. I am an active member in good standing with the bars of the District of Columbia and 

the State of Maryland. I maintain my office at 1299 Pennsylvania Avenue, NW, Washington, District 

of Columbia 20004. I am an Associate with Baker Botts L.L.P. and represent non-party Ericsson Inc. 

(“Ericsson”) in connection with subpoenas issued in the course of this and other related Qualcomm 

antitrust litigations. I have personal knowledge of the matters set forth in this declaration, and if 

called upon as a witness I could and would testify competently. 

2. I respectfully submit this declaration in support of the Joint Admission to File Under 

Seal Portions of Defendant Qualcomm’s Opposition to Motion for Partial Summary Judgment (Dkt. 

No. 872) (“Motion”), following the procedures outlined in Court’s September 5, 2018 order. 

3. Portions of the Motion or exhibits thereto contain information Ericsson designated as 

HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY under the governing Protective Orders 

in this action, which include the Protective Order and Supplemental Protective Orders in the FTC 

Litigation (Dkt. Nos. 81, 137, 205, 220, 230, 306, 324, 371, 374, 384, 388, 392, 393, 410, 420, 430 

and 447), the Protective Order and Supplemental Protective Orders in the MDL Litigation (Dkt. Nos. 

46, 86, 148, 149, 182, 197, 211, 213, 216, 218, 221, 244, 249 and 259), and the Protective Order in 

the SD Cal Litigation (Dkt. No. 163) (together, “Protective Orders”), or other Ericsson confidential 

business information that qualifies for protection. 

4. As discussed in paragraph 7 of the Declaration of Geoffrey T. Holtz in Support of the 

Joint Admission to File Under Seal Portions of Defendant Qualcomm’s Opposition to Motion for 

Partial Summary Judgment (Dkt. No. 872-2) (“Holtz Declaration”), pursuant to the Court’s 

September 5, 2018 order Defendant Qualcomm Incorporated (“Qualcomm”) and Ericsson met and 

conferred prior to the filing with the aim of filing this declaration concurrently with the Motion, but 

exigencies of the drafting of the motion prevented Qualcomm from providing Ericsson a final list of 

potential sealing materials until the afternoon of the filing. 

5. Consistent with paragraphs 6-8 below, Ericsson has “narrowly tailored” its sealing 

request to only such specific information which qualifies for sealing under Civil Local Rule 79-5 and 

has not broadly sought to seal all Ericsson references in the filings related to Qualcomm’s opposition. 

Case 5:17-cv-00220-LHK Document 886 Filed 09/28/18 Page 2 of 4
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LUCARELLI DECL. - 2 - Case No. 5:17-cv-00220-LHK-NMC 

6. The relevant portions of Qualcomm’s Opposition to Motion for Partial Summary 

Judgment listed in paragraph 3 of the Holtz Declaration describe Ericsson deposition testimony 

regarding Ericsson’s patent licensing strategy and practices, including information about Ericsson 

patent license agreements. This is the type of information Ericsson seeks to prevent from public 

disclosure and has previously sought to keep under seal in prior filings during this litigation due to 

the risk of competitive harm. 

7. Exhibit 36 to the Declaration of Geoffrey T. Holtz in Support of Qualcomm’s 

Opposition (Dkt. No. 870) contains excerpts of an Ericsson license agreement produced by another 

non-party in this litigation and designated as Highly Confidential-Attorney’s Eyes Only by that nonparty. Ericsson’s license agreements are subject to confidentiality and non-disclosure agreements and 

contain confidential and sensitive terms and royalty rate information, the disclosure of which could 

cause competitive harm to Ericsson. The company has consistently sought to seal this type of 

information in previous filings. 

8. Exhibit 17 to Defendant Qualcomm’s Request for Judicial Notice in Opposition to 

Motion for Partial Summary Judgment on Qualcomm’s Standard Essential Patent Licensing 

Commitments (Dkt. No. 871) contains excerpts of Telefonaktiebolaget LM Ericsson’s (“LM 

Ericsson”) responses to the Korean Fair Trade Commission’s (“KFTC”) “Questionnaire for chipset 

manufacturers.” In the questionnaire, the KFTC specifically requested that LM Ericsson maintain 

confidentiality on the entirety of the responses. Additionally, they contain confidential, non-public 

LM Ericsson information, and pursuant to the KFTC request have not been disclosed outside the 

company except as provided to the FTC in response to its Civil Investigative Demand or to this Court 

in response to subpoenas and under protection of the Protective Orders cited above. 

9. Ericsson has proposed only “narrowly tailored” redactions consistent with the 

requirements of Civil Local Rule 79-5. Ericsson respectfully asks the court to grant the Motion as to 

the information cited in paragraphs 6-8 above. 

I declare under penalty of perjury under the laws of the United States of America that the 

foregoing is true and correct. 

Case 5:17-cv-00220-LHK Document 886 Filed 09/28/18 Page 3 of 4
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LUCARELLI DECL. - 3 - Case No. 5:17-cv-00220-LHK-NMC 

Executed this 28th day of September, 2018, in Washington, District of Columbia. 

/s/ Andrew L. Lucarelli

Andrew L. Lucarelli 

BAKER BOTTS LLP 

1299 Pennsylvania Avenue, NW 

Washington, DC 20004 

Telephone: (202) 639-7700 

Facsimile: (310) 552 5001 

drew.lucarelli@bakerbotts.com 

Attorney for non-party Ericsson Inc.

ATTESTATION 

I, Stuart C. Plunkett, hereby attest that I have on file all holographic signatures corresponding 

to any signatures indicated by a conformed signature (/S/) within this e-filed document. 

BAKER BOTTS L.L.P. 

 /s/ Stuart C. Plunkett 

Stuart C. Plunkett (SBN 187971) 

101 California Street, Suite 3600 

San Francisco, CA 94111 

Telephone: (415) 291-6203 

Facsimile: (415) 291-6303 

stuart.plunkett@bakerbotts.com 

Case 5:17-cv-00220-LHK Document 886 Filed 09/28/18 Page 4 of 4