DECLARATION OF DAVID ZUCKERMAN 

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

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CRAVATH, SWAINE & MOORE LLP 

Gary A. Bornstein (pro hac vice) 

gbornstein@cravath.com 

Yonatan Even (pro hac vice) 

yeven@cravath.com 

825 Eighth Avenue 

New York, New York 10019-7475 

Telephone: (212) 474-1000 

Facsimile: (212) 474-3700 

KEKER, VAN NEST & PETERS LLP 

Robert A. Van Nest (SBN 84065) 

rvannest@keker.com 

Eugene M. Paige (SBN 202849) 

epaige@keker.com 

Justina K. Sessions (SBN 270914) 

jsessions@keker.com

633 Battery Street 

San Francisco, CA 94111-1809 

Telephone: (415) 391-5400 

Facsimile: (415) 397-7188 

Attorneys for Defendant 

QUALCOMM INCORPORATED 

MORGAN LEWIS & BOCKIUS LLP 

Richard S. Taffet (pro hac vice) 

richard.taffet@morganlewis.com 

101 Park Avenue 

New York, New York 10178-0060 

Telephone: (212) 309-6000 

Facsimile: (212) 309-6001 

MORGAN LEWIS & BOCKIUS LLP 

Willard K. Tom (pro hac vice) 

willard.tom@morganlewis.com 

1111 Pennsylvania Ave. NW 

Washington, DC 20004-2541 

Telephone: (202) 739-3000 

Facsimile: (202) 739-3001 

MORGAN LEWIS & BOCKIUS LLP 

Geoffrey T. Holtz (SBN 191370) 

geoffrey.holtz@morganlewis.com 

One Market, Spear Street Tower 

San Francisco, CA 94105-1596 

Telephone: (415) 442-1000 

Facsimile: (415) 442-1001 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN JOSE DIVISION 

FEDERAL TRADE COMMISSION, 

Plaintiff, 

vs. 

QUALCOMM INCORPORATED, a 

Delaware corporation, 

Defendant. 

NO. 5:17-CV-00220-LHK-NMC 

DECLARATION OF DAVID 

ZUCKERMAN IN SUPPORT OF 

QUALCOMM INCORPORATED’S 

ADMINISTRATIVE MOTION TO 

SEAL CERTAIN PORTIONS OF TRIAL 

EXHIBITS AND TRIAL 

DEMONSTRATIVES 

CTRM: 8, 4th Floor 

JUDGE: Hon. Lucy H. Koh

 

Case 5:17-cv-00220-LHK Document 1396 Filed 01/24/19 Page 1 of 4
2 DECLARATION OF DAVID ZUCKERMAN 

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

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I, David Zuckerman, declare as follows: 

1. I am the Senior Vice President, Legal Counsel and Assistant Secretary of 

Qualcomm Incorporated (“Qualcomm”), a position I have held since November 18, 2017. Prior to 

that, I was Vice President, Legal Counsel and Assistant Secretary. I have been employed at 

Qualcomm since January 9, 2012 and have worked in Corporate Legal since that time. 

2. I submit this declaration in support of sealing portions of Trial Exhibit CX8196 

(the “Trial Exhibit”) that have been designated for use at trial on January 25, 2019. 

3. The contents of this declaration are true and correct to the best of my knowledge, 

information and belief, and are based on my personal knowledge of Qualcomm’s policies and 

practices as they relate to the treatment of confidential information, the materials that were 

provided to me and reviewed by me, or conversations with other knowledgeable employees of 

Qualcomm Incorporated (“Qualcomm”) and its affiliates. If called upon as a witness in this 

action, I could and would testify competently thereto. 

4. Qualcomm follows a practice of requiring confidential treatment of information 

related to Qualcomm’s internal business analysis, revenue and cost forecasts, pricing and 

valuation strategies, and decision-making related to corporate matters as this information 

incorporates highly sensitive and proprietary information and processes that Qualcomm relies 

upon to pursue its commercial interests. In my experience and to the best of my knowledge, the 

confidentiality measures described above have been strictly followed by Qualcomm and its 

employees. 

5. I have reviewed the information described herein, which is contained in the Trial 

Exhibit, to determine whether it includes information that Qualcomm would consider confidential 

under the practices and policies described above. Based on this review, I believe that the Trial 

Exhibit includes confidential Qualcomm information. 

6. The disclosure of Qualcomm’s confidential information, such as information 

contained in the Trial Exhibit could harm Qualcomm’s business prospects and opportunities. 

7. In my experience and to the best of my knowledge, the confidentiality obligations 

Case 5:17-cv-00220-LHK Document 1396 Filed 01/24/19 Page 2 of 4
3 DECLARATION OF DAVID ZUCKERMAN 

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

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specified above have always been strictly followed at Qualcomm. I was informed of 

Qualcomm’s practices and policies described herein when I first joined Qualcomm, and I have 

informed others at Qualcomm of our confidentiality obligations and practices. 

8. Dissemination of information in the Trial Exhibit has been tightly controlled, and 

Qualcomm went to great lengths to maintain the confidentiality of this information. Personnel 

were given access to this information on a need-to-know basis, and those with access to data 

storage locations where such confidential information is stored and maintained were advised of 

the need to maintain its confidentiality and restrict its dissemination. 

9. I have reviewed the information described herein, which is contained in the Trial 

Exhibit to determine whether it includes information that Qualcomm would consider confidential 

under the practices and policies described above. Based on this review, I believe that the Trial 

Exhibit includes confidential Qualcomm information. 

10. To the best of my knowledge, the information in the Trial Exhibit reflects the type 

of information Qualcomm maintains as confidential. The Trial Exhibit reveals details about 

Qualcomm, including its future business plans and forecasts. 

CX8196 

11. Specifically, the following portions of CX8196, a set of materials for a Board of 

Directors Meeting dated December 4, 2017, reflect confidential internal business strategy and 

related considerations such as internal metrics that inform business strategy, financial estimates 

and projections (including revenue and cost forecasts), technical analyses, and/or projections of 

future opportunities and growth strategies for 2019 and beyond:

 CX8196-073: highlighted portions 

 CX8196-129: highlighted portions 

 CX8196-130: highlighted portions 

 CX8196-133: in full 

To the best of my knowledge, this information constitutes Qualcomm trade secrets. Public 

disclosure of this information may harm Qualcomm by disclosing internal business strategy and 

Case 5:17-cv-00220-LHK Document 1396 Filed 01/24/19 Page 3 of 4
4 DECLARATION OF DAVID ZUCKERMAN 

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

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financial estimates and may unfairly benefit actual and potential third parties with respect to 

Qualcomm’s actual or projected business opportunities, or its financial performance of 

Qualcomm or its affiliates. 

12. As mentioned above, the information in the Trial Exhibit reflects multiple 

categories of information, including internal financial information, projections, forecasts, and 

estimates, strategic plans for the future, and technical specifications. 

13. Public disclosure of the information described above may harm Qualcomm and 

unfairly benefit actual and potential third parties with respect to Qualcomm’s business plans and 

strategies. Disclosure of that information described above may also assist Qualcomm's 

competitors in seeking to win business opportunities away from Qualcomm. 

14. Qualcomm recognizes and protects the enormous value of its confidential 

information through its various policies and procedures designed to protect confidential 

information from disclosure. 

I declare under penalty of perjury that the foregoing is true and correct to the best of my 

knowledge and that I executed this declaration on January 23, 2019, in San Diego, California. 

/s/ David Zuckerman 

David Zuckerman 

Case 5:17-cv-00220-LHK Document 1396 Filed 01/24/19 Page 4 of 4