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 DECLARATION OF RISHI SATIA IN SUPPORT OF MOTION TO FILE CERTAIN PORTIONS OF 

TRIAL EXHIBITS UNDER SEAL 

Case No. 5:17-cv-00220–LHK-NMC

KEKER, VAN NEST & PETERS LLP 

Robert A. Van Nest (SBN 84065) 

rvannest@keker.com 

Eugene M. Paige (SBN 202849) 

epaige@keker.com 

Cody S. Harris (SBN 255302) 

charris@keker.com 

Justina Sessions (SBN 270914) 

jsessions@keker.com 

Bryn Williams (SBN 301699) 

bwilliams@keker.com 

633 Battery Street 

San Francisco, CA 94111-1809 

Telephone: (415) 391-5400 

Facsimile: (415) 397-7188 

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, NY 10019-7475 

Telephone: (212) 474-1000 

Facsimile (212) 474-3700 

Attorneys for Defendant 

QUALCOMM INCORPORATED 

MORGAN, LEWIS & BOCKIUS LLP 

Richard S. Taffet (pro hac vice)

richard.taffet@morganlewis.com 

101 Park Avenue 

New York, NY 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 Avenue, NW 

Washington, DC 20004-2541 

Telephone: (202) 739-3000 

Facsimile: (202) 739-3001 

MORGAN, LEWIS & BOCKIUS LLP 

Geoffrey T. Holtz (SBN 191370) 

gholtz@morganlewis.com 

One Market Plaza, 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, 

v. 

QUALCOMM INCORPORATED, a 

Delaware Corporation, 

Defendant. 

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

DECLARATION OF RISHI SATIA IN 

SUPPORT OF MOTION TO FILE 

CERTAIN PORTIONS OF TRIAL 

EXHIBITS UNDER SEAL 

 

Dept: Courtroom 8, 4th Floor 

Judge: Hon. Lucy H. Koh 

Case 5:17-cv-00220-LHK Document 1237-4 Filed 01/10/19 Page 1 of 5
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 1

 DECLARATION OF RISHI SATIA IN SUPPORT OF MOTION TO FILE CERTAIN PORTIONS OF 

TRIAL EXHIBITS UNDER SEAL 

Case No. 5:17-cv-00220–LHK-NMC 

DECLARATION OF RISHI SATIA 

I, Rishi Satia, declare and state that: 

1. I am an attorney licensed to practice law in the State of California, an associate of 

Morgan, Lewis & Bockius LLP, and counsel for Defendant Qualcomm Incorporated 

(“Qualcomm”). I submit this declaration in support of Qualcomm’s Administrative Motion to 

File Certain Portions of Proposed Trial Exhibits Under Seal. I have personal knowledge of the 

facts set forth herein, or my knowledge is based on my review of records in this case. If called 

upon as a witness in this action, I could and would testify competently thereto. 

2. Portions of the exhibits that the Parties have identified as likely to be introduced at trial on 

January 14, 2019 contain Qualcomm trade secrets. Specifically, Qualcomm employees have 

identified the following exhibits and designations as containing confidential Qualcomm trade 

secrets: JX0037, CX0599, CX0861, Lasinski Demonstrative, and Shapiro Demonstrative. 

Pursuant to the Protective Order Governing Confidential Material entered in this case (ECF No. 

81) and Supplemental Protective Orders entered in this case by various third parties, Qualcomm 

employees are not permitted to view certain documents designated as “Highly Confidential – 

Attorneys’ Eyes Only.” 

3. Many of the exhibits submitted by third parties in this case have been designated as 

“Highly Confidential – Attorneys’ Eyes Only.” 

4. Some of those exhibits contain confidential Qualcomm trade secrets. 

5. I have consulted with Qualcomm employees and have knowledge of the range of 

information that Qualcomm considers to be trade secrets. 

6. I have reviewed the following documents produced by third parties and have identified the 

following exhibits as containing confidential Qualcomm trade secrets that Qualcomm has 

compelling reasons to seal: 

7. Specifically, the following portion of JX0037, which is an email produced by non-party 

Apple Inc. dated November 15, 2006 with the subject line “Re: Qualcom,” reflect confidential 

pricing terms and information: 

 JX0037-001: highlighted portions 

Case 5:17-cv-00220-LHK Document 1237-4 Filed 01/10/19 Page 2 of 5
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 DECLARATION OF RISHI SATIA IN SUPPORT OF MOTION TO FILE CERTAIN PORTIONS OF 

TRIAL EXHIBITS UNDER SEAL 

Case No. 5:17-cv-00220–LHK-NMC 

Qualcomm requests to seal only the portions of this exhibit that reveal information about 

confidential pricing information. This information constitutes Qualcomm trade secrets. Public 

disclosure of this information would harm Qualcomm and its affiliates by disclosing internal 

licensing considerations and may unfairly benefit actual and potential third parties with respect to 

contracting activities of Qualcomm and its affiliates. 

8. Specifically, the following portion of CX0599, which is an email produced by non-party 

Apple Inc. dated August 5, 2010 with the subject line “Fwd: 3G royalty for iPad,” reflects 

confidential pricing terms: 

 CX0599-002: highlighted portions 

Qualcomm requests to seal only the portions of this exhibit that reveal information about 

confidential pricing information. This information constitutes Qualcomm trade secrets. Public 

disclosure of this information would harm Qualcomm and its affiliates by disclosing internal 

licensing considerations and may unfairly benefit actual and potential third parties with respect to 

contracting activities of Qualcomm and its affiliates. 

9. Specifically, the following portions of CX0861, which is an email produced by non-party 

Apple Inc. dated January 11, 2011 with the subject line “Call with Paul Jacobs,” reflects 

confidential pricing terms: 

 CX0861-001: highlighted portions 

Qualcomm requests to seal only the portions of this exhibit that reveal information about 

confidential pricing information. This information constitutes Qualcomm trade secrets. Public 

disclosure of this information would harm Qualcomm and its affiliates by disclosing internal 

licensing considerations and may unfairly benefit actual and potential third parties with respect to 

contracting activities of Qualcomm and its affiliates. 

10. Specifically, the following portions of the Lasinski Demonstrative, which Plaintiff Federal 

Trade Commission (“FTC”) plans to use at trial during its direct examination of expert witness 

Michael J. Lasinski (“Lasinski Demonstrative”), reflect confidential information regarding the 

distribution of royalty revenue: 

 Lasinski Demonstrative at 10: highlighted portions 

Case 5:17-cv-00220-LHK Document 1237-4 Filed 01/10/19 Page 3 of 5
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 DECLARATION OF RISHI SATIA IN SUPPORT OF MOTION TO FILE CERTAIN PORTIONS OF 

TRIAL EXHIBITS UNDER SEAL 

Case No. 5:17-cv-00220–LHK-NMC 

 Lasinski Demonstrative at 11: highlighted portions 

 Lasinski Demonstrative at 15: highlighted portions 

Qualcomm requests to seal only the portions of this exhibit that reveal information about 

confidential royalty revenue. This information constitutes Qualcomm trade secrets. Public 

disclosure of this information would harm Qualcomm and its affiliates by disclosing internal 

licensing considerations and may unfairly benefit actual and potential third parties with respect to 

contracting activities of Qualcomm and its affiliates. 

11. Specifically, the following portions of the Shapiro Demonstrative, which Plaintiff FTC 

plans to use at trial during its direct examination of their expert witness Professor Carl Shapiro 

(“Shapiro Demonstrative”), reflect confidential pricing information: 

 Shapiro Demonstrative at 34: highlighted portions 

 Shapiro Demonstrative at 35: highlighted portions 

 Shapiro Demonstrative at 36: highlighted portions 

 Shapiro Demonstrative at 37: highlighted portions 

 Shapiro Demonstrative at 38: highlighted portions 

 Shapiro Demonstrative at 39: highlighted portions 

Qualcomm requests to seal only the portion of this exhibit that reveal information about 

confidential pricing information. This information constitutes Qualcomm trade secrets. Public 

disclosure of this information would harm Qualcomm and its affiliates by disclosing internal 

licensing considerations and may unfairly benefit actual and potential third parties with respect to 

contracting activities of Qualcomm and its affiliates. 

12. Based on the foregoing, Qualcomm has proposed redactions to certain portions of 

proposed trial exhibits and designations. Attached to this declaration are copies of the Exhibits 

and Demonstratives that contain the proposed redactions. 

I declare under penalty of perjury that the foregoing is true and correct. Executed on this 10th 

day of January, 2019, in San Jose, California. 

Case 5:17-cv-00220-LHK Document 1237-4 Filed 01/10/19 Page 4 of 5
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 DECLARATION OF RISHI SATIA IN SUPPORT OF MOTION TO FILE CERTAIN PORTIONS OF 

TRIAL EXHIBITS UNDER SEAL 

Case No. 5:17-cv-00220–LHK-NMC 

By: 

MORGAN, LEWIS & BOCKIUS LLP 

/s/ Rishi Satia

 Rishi Satia 

Case 5:17-cv-00220-LHK Document 1237-4 Filed 01/10/19 Page 5 of 5