1

DECLARATION OF STEVEN M. GEISZLER IN SUPPORT OF JOINT MOTION TO SEAL

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

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

SIDLEY AUSTIN LLP

David C. Giardina (pro hac vice)

dgiardina@sidley.com

One South Dearborn

Chicago, IL 60603

312-853-7000 – Telephone

312-853-7036 – Facsimile

SIDLEY AUSTIN LLP

Nathan A. Greenblatt (SBN 262279)

ngreenblatt@sidley.com

1001 Page Mill Road, Bldg. 1

Palo Alto, CA 94304

650-565-7107 – Telephone

650-565-7100 – Facsimile 

Attorneys for Non-Party HUAWEI DEVICE USA, INC.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

FEDERAL TRADE COMMISSION,

Plaintiff,

v.

QUALCOMM INCORPORATED,

Defendant.

)

)

)

)

)

)

)

)

)

)

)

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

 

DECLARATION OF STEVEN M.

GEISZLER IN SUPPORT OF JOINT

ADMINISTRATIVE MOTION TO 

FILE UNDER SEAL (DKT. 1024)

Case 5:17-cv-00220-LHK Document 1036 Filed 12/21/18 Page 1 of 4
2

DECLARATION OF STEVEN M. GEISZLER IN SUPPORT OF JOINT MOTION TO SEAL

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

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

DECLARATION OF STEVEN GEISZLER

I, Steven M. Geiszler, declare as follows:

1. I am the U.S. Chief Intellectual Property Litigation Counsel for Non-Party Huawei 

Device USA, Inc. (“Huawei Device USA”). 

2. Pursuant to N.D. Cal. Civil Local Rule 79-5(d) and (e), I respectfully submit this 

declaration in support of the Joint Administrative Motion to File Under Seal Portions of Defendant 

Qualcomm Incorporated’s Motion to Exclude Expert Reports of Richard L. Donaldson (Dkt. 1024)

(“Motion to Seal”). I have personal knowledge of the information set forth herein. 

3. Huawei Device USA seeks to seal portions of Exhibit 1, the Expert Report of Richard 

Donaldson (“Donaldson Report”) and Exhibit 2, the Rebuttal Report of Richard Donaldson 

(“Donaldson Rebuttal Report”) because they contain references to highly confidential information 

that, if publicly disclosed, would harm the competitive standing of Huawei Device USA and its 

affiliates. Huawei Device USA requests an order granting its motion to file under seal the following 

portions of documents:

Document Portions to be Filed Under 

Seal

Party Claiming 

Confidentiality

Basis for Sealing

Exhibit 1 to the 

Declaration of 

Geoffrey T. Holtz in 

Support of Qualcomm 

Incorporated’s Motion 

to Exclude Expert 

Reports of Richard L. 

Donaldson

¶ 124, Pages 56-57 Huawei Device 

USA, Inc.

(“Huawei”)

Declaration of Steven 

M. Geiszler In 

Support of 

Qualcomm’s Motions 

to Strike or Exclude

(“Geiszler 

Declaration”)

Ex. 1 ¶ 125, Lines 10-12, Page 57 Huawei Geiszler Declaration

Ex. 1 ¶ 126, Pages 57-58 Huawei Geiszler Declaration

Ex. 1 ¶ 127, Page 58 Huawei Geiszler Declaration

Ex. 1 ¶ 128, Lines 1-3, Page 59 Huawei Geiszler Declaration

Ex. 1 ¶ 129, Line 3, Page 60 Huawei Geiszler Declaration

Ex. 1 ¶ 131- 132, Pages 60-61 Huawei Geiszler Declaration

Ex. 1 ¶ 133, Line 1, Page 61 Huawei Geiszler Declaration

Ex. 1 ¶ 133, Lines 3-4 and 8-9, 

Page 62

Huawei Geiszler Declaration

Ex. 1 Footnote 164 (last two lines), 

Page 55

Huawei Geiszler Declaration

Ex. 1 Footnote 166, Page 56-57 Huawei Geiszler Declaration

Case 5:17-cv-00220-LHK Document 1036 Filed 12/21/18 Page 2 of 4
3

DECLARATION OF STEVEN M. GEISZLER IN SUPPORT OF JOINT MOTION TO SEAL

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

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Ex. 1 Footnote 171, Page 58, Lines 

3- 4

Huawei Geiszler Declaration

Ex. 1 Footnote 173, Page 58, Lines 

1- 4

Huawei Geiszler Declaration

Ex. 1 Footnote 176, Page 58

Ex. 1 Footnote 177, Page 59 Huawei Geiszler Declaration

Ex. 1 Footnote 178, Page 59, Lines 

1- 6 and 10-17

Huawei Geiszler Declaration

Ex. 1 Footnote 190, Page 61, Line 

1-3

Huawei Geiszler Declaration

Exhibit 2 to the 

Declaration of 

Geoffrey T. Holtz in 

Support of Qualcomm 

Incorporated’s Motion 

to Exclude Expert 

Reports of Richard L. 

Donaldson

¶ 22, Lines 12-14, Page 13 Huawei Geiszler Declaration

Ex. 2 Footnote 41, Page 13, Lines 

1- 4

Huawei Geiszler Declaration

4. Specifically, the identified portions of the Donaldson Report and the Donaldson 

Rebuttal Report describe the chipset supply and contract negotiation strategy employed by Huawei 

Technologies Co., Ltd. (“Huawei”) and its foreign affiliates for their hardware and software product 

offerings. In describing these topics, Qualcomm’s Motion exhibits contain references to Huawei’s 

internal deliberations and its confidential licensing agreements with Qualcomm. Ex. 1 at 57-59, 59-

60, 60-61, 61-62; Ex. 2 at 13.

5. The identified portions of the Donaldson Report and the Donaldson Rebuttal Report 

also describe Huawei’s confidential licensing contract and chipset supply negotiations with 

Qualcomm. Disclosing such negotiations could also disadvantage Huawei in negotiations with other 

suppliers and licensors. Ex. 1 at 56-57, 57, 57-59, 60-61, 61-62; Ex. 2 at 13.

6. The identified portions of the Donaldson Report describe Huawei’s internal views on 

its patent portfolio, license agreement terms, and competitors. Disclosing this information would 

disadvantage Huawei when negotiating with other licensors and suppliers. Ex. 1 at 55.

7. Huawei Device USA has a strong business interest in maintaining the confidentiality 

of its supplier decisions and contracts involved with manufacturing its products and therefore 

supports Plaintiffs’ motion to seal insofar as it relates to these internal deliberations. Huawei’s cost 

Case 5:17-cv-00220-LHK Document 1036 Filed 12/21/18 Page 3 of 4
4

DECLARATION OF STEVEN M. GEISZLER IN SUPPORT OF JOINT MOTION TO SEAL

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

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

structure is sensitive and confidential. Within Huawei, access to such confidential information is 

restricted. Consistent with Huawei’s continuous efforts to ensure that its confidential internal 

deliberations are not disseminated more widely than necessary, the documents containing this 

information were produced as “HUAWEI CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES 

ONLY” pursuant to the Supplemental Protective Order. (Dkt. 218)

8. In addition, Huawei Device USA has a strong business interest in maintaining the 

confidentiality of its contact terms and negotiations with Qualcomm and therefore supports 

Plaintiffs’ motion to seal insofar as it relates to these topics. Huawei’s contract negotiation strategy 

is sensitive and confidential. Within Huawei, access to such confidential information is restricted. 

Consistent with Huawei’s continuous efforts to ensure that its confidential contracts and negotiations 

are not disseminated more widely than necessary, the documents containing this information were 

produced as “HUAWEI CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY” pursuant to 

the Supplemental Protective Order. (Dkt. 218)

9. Information concerning Huawei’s contract terms and competitive strategy are kept in 

strict confidence, even from Huawei employees who do not have a need to know. Public disclosure 

of any of this information would create an asymmetry between Huawei and its competitors and 

would hurt Huawei’s competitive standing. Disclosure of this information could be used by 

competitors to Huawei’s disadvantage.

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

foregoing is true and correct.

Executed this day, December 19, 2018 in Plano, Texas.

Steven M. Geiszler

Case 5:17-cv-00220-LHK Document 1036 Filed 12/21/18 Page 4 of 4