Case No. 5:17-CV-00220-LHK Almirantearena Declaration ISO Non-Party 

Intel’s Administrative Motion to Seal 

Confidential Information Pursuant to L.R. 7-11 

& 79-5

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Mark D. Selwyn (SBN: 244180)

WILMER CUTLER PICKERING

HALE AND DORR LLP

950 Page Mill Road

Palo Alto, California 94304

Telephone: (650) 858-6000

Facsimile: (650) 858-6100

William F. Lee (pro hac vice)

Joseph J. Mueller (pro hac vice)

Mark A. Ford (pro hac vice)

Timothy Syrett (pro hac vice)

WILMER CUTLER PICKERING

HALE AND DORR LLP

60 State Street 

Boston, MA 02109 

Telephone: (617) 526-6000 

Facsimile: (617) 526-5000

Attorneys for Non-Party Intel Corporation

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

DECLARATION OF EVANGELINA 

ALMIRANTEARENA ON BEHALF OF 

NON-PARTY INTEL CORPORATION 

IN SUPPORT ITS ADMINISTRATIVE 

MOTION TO SEAL CONFIDENTIAL 

INFORMATION PURSUANT TO L.R. 

7-11 & 79-5

Courtroom: 8, 4th Floor

The Honorable Lucy H. Koh

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Intel’s Administrative Motion to Seal

Confidential Information Pursuant to L.R. 7-11 

& 79-5

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I, Evangelina Almirantearena, declare as follows: 

1. I am Vice President, Associate General Counsel, Antitrust and Commercial 

Litigation at Intel Corporation (“Intel”), where I have been employed for more than fourteen 

years. I received a Bachelor of Arts degree in International Relations and Affairs from Stanford 

University and a juris doctor degree from the University of California Berkeley School of Law. I 

am licensed to practice law in California. I am familiar with the facts set forth herein and, if 

called as a witness, I could and would testify competently to those facts under oath.

2. I respectfully submit this declaration in support of non-party Intel’s 

Administrative Motion to Seal Confidential Information Pursuant to Local Rules 7-11 and 79-5.

3. In my role as Associate General Counsel at Intel, in which I supervise Intel 

litigation and provide legal advice to Intel business units, I am familiar with Intel’s mobile 

business, including its sale of baseband chipsets. Further, I am also familiar with what Intel 

considers competitively sensitive information and the steps that Intel generally takes to prevent 

public disclosure of such information.

4. I am informed that in the above-captioned lawsuit, Qualcomm Incorporated 

(“Qualcomm”) and the Federal Trade Commission (“FTC”) have identified certain Intel 

documents that they may seek to admit as trial exhibits during the testimony of Aichatou (“Aicha”)

Evans, Senior Vice President and Chief Strategy Officer at Intel. 

5. The documents identified below, which are a subset of those identified by 

Qualcomm and the FTC as potential trial exhibits, are internal Intel documents relating to Intel’s 

mobile business, including its sale of baseband chipsets. The portions of these exhibits that Intel 

seeks to redact contain sensitive commercial information, including regarding Intel’s business 

strategies, product plans or product roadmaps, margins, pricing, cost structure, and specific 

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Intel’s Administrative Motion to Seal

Confidential Information Pursuant to L.R. 7-11 

& 79-5

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financial targets. To the best of my knowledge, the portions of these documents for which Intel 

seeks redaction contain information that has never been disclosed publicly. The disclosure of 

this information would cause Intel harm by disadvantaging Intel in negotiations with current or 

future business partners and/or by providing Intel’s competitors (including Qualcomm, which I 

presume will have representatives in the courtroom) with information that they could use to gain 

a competitive advantage against Intel. I am informed and understand that Qualcomm and the 

FTC have proposed adopting a presumption that documents created more than thirty-six months 

ago would not be sealed. For any documents identified below that are thirty-six months or older, 

the information that Intel seeks to seal continues to be competitively sensitive because it relates 

to Intel’s current strategies and/or provides insight into the financial structure of Intel’s mobile 

business, including cost and pricing information and the efficiency of its investments.

6. Below I describe the information that Intel seeks to seal for each exhibit:

a. JX0104 (INTEL-QCOM008124586 - INTEL-QCOM008124663) (Syrett Decl. 

Ex. 1):

1

 This exhibit contains a 2015 presentation that provides a detailed 

description of Intel’s strategy for the fifth generation or 5G cellular 

communication standard, which is still in development and has not yet been 

commercialized. The portions Intel seeks to seal contain information regarding: 

Intel’s strategy for 5G, including its valuation of available business opportunities 

and areas of technological focus; Intel’s research and development costs, 

allocations, and areas of emphasis; Intel’s expectations of Qualcomm’s 5G 

strategy and steps that Intel intends to take in response; and analysis of potential 

joint ventures and strategy for such ventures. 

 1 Each of the exhibits discussed herein is being filed concurrently as an exhibit to the Declaration 

of Timothy Syrett (“Syrett Declaration”).

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& 79-5

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b. JX0117 (INTEL-QCOM002458604 - INTEL-QCOM002458670) (Syrett Decl. 

Ex. 2): This exhibit contains a 2016 presentation regarding strategy for Intel’s 

Communications Devices Group (ICDG). The portions Intel seeks to seal contain 

information regarding: ICDG’s financial status and goals; Intel’s valuation of and 

strategy for specific mobile product segments; Intel’s product plans and 

roadmaps, including specific product features and areas of focus; details of Intel’s 

R&D spending, including projected spending on areas of focus; and strategy and 

analysis of pricing and cost of production.

c. QX0089 (INTEL-QCOM000354039 - INTEL-QCOM000354044) (Syrett Decl. 

Ex. 3): This exhibit is a 2016 whitepaper containing an analysis of Intel’s efforts 

to develop mobile systems on a chip—i.e., a product that incorporates a cellular

chipset along with an applications processor. The portions Intel seeks to seal

contain information regarding: Intel’s non-public research and development 

expenditures; the financial status of Intel’s mobile business; detailed evaluation 

and analysis of Intel’s products; and details of Intel’s strategy for product 

development and production.

d. QX0092 (INTEL-QCOM007957504 - INTEL-QCOM007957535) (Syrett Decl. 

Ex. 4): This exhibit contains a 2015 analysis of Intel’s research and development 

spending compared with that of other baseband chipset suppliers. The portions 

Intel seeks to seal contain information regarding: Intel’s non-public research and 

development expenditures and details of Intel’s product planning, including 

particular features of contemplated products. 

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Confidential Information Pursuant to L.R. 7-11 

& 79-5

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e. QX0094 (INTEL-QCOM000487295 - INTEL-QCOM000487302) (Syrett Decl. 

Ex. 5): This exhibit is a 2016 email thread discussing Intel’s production of 

baseband chipsets. The portions Intel seeks to seal contain information regarding: 

Intel’s detailed strategy for cost reduction in its production of baseband chipsets;

and analysis of Intel’s products.

f. QX0095 (INTEL-QCOM002236311 - INTEL-QCOM002236327) (Syrett Decl. 

Ex. 6): This exhibit contains a 2017 presentation regarding a pricing proposal 

from Intel to Apple for baseband chipsets. The portions Intel seeks to redact 

contain information regarding: Intel’s prices, pricing proposals, and pricing 

strategy; detailed technical analysis of Intel’s products; Intel’s valuation of future 

business opportunities; and Intel’s business strategy.

g. CX1598 (INTEL-QCOM000420594 INTEL-QCOM000420607) (Syrett Decl. 

Ex. 7): This exhibit contains an email and presentation regarding Intel’s 

acquisition of Via Telecom. The portions Intel seeks to seal contain information 

regarding: Intel’s financial valuation of the transaction; and summaries of terms 

of license agreements implicated by the transaction. 

7. I also understand that parties may attempt to elicit testimony from Ms. Evans 

regarding Intel’s 4G and 5G baseband chipset business, including regarding information that 

Intel seeks to seal in the trial exhibits described above. Information concerning Intel’s margins, 

profitability, or cost structure relating to 4G or 5G baseband chipsets and Intel’s future plans for 

products (or product roadmaps), future competitive position with respect to 4G or 5G chipsets, or 

information regarding the status of negotiations with potential baseband chipset customers

(including disclosure of confidential prospective customers) is highly valuable and competitively 

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& 79-5

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sensitive. Intel treats this information as highly confidential and has not publicly disclosed such 

detailed information relating to its business. Intel maintains an active baseband chipset business,

and public disclosure of detailed confidential information relating to Intel’s 4G and 5G baseband 

chipset business would cause Intel substantial harm because it could disadvantage Intel in future 

negotiations with current or potential business partners and reveal confidential information to 

Intel’s competitors.

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I declare under the penalty of perjury under the laws of the United States that the foregoing is 

true and correct to the best of my knowledge. 

Dated: January 7, 2019 

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

ActiveUS 171173559v.5 

Evangelina Almirantearena 

6 Almirantearena Declaration ISO Non-Party 

Intel's Administrative Motion to Seal 

Confidential Information Pursuant to L.R. 7-11 

& 79-5 

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