Holtz Declaration ISO Admin. Motion to Seal 

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

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MORGAN, LEWIS &

BOCKIUS LLP 

ATTORNEYS AT LAW

SAN FRANCISCO

KEKER, VAN NEST & PETERS LLP 

Robert A. Van Nest (SBN 84065) 

rvannest@keker.com 

Eugene M. Paige (SBN 202849) 

epaige@keker.com 

Justina Sessions (SBN 270914) 

jsessions@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, New York 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, 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. 

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

DECLARATION OF GEOFFREY T. 

HOLTZ IN SUPPORT OF JOINT 

ADMINISTRATIVE MOTION TO FILE 

UNDER SEAL PORTIONS OF 

DEFENDANT QUALCOMM’S 

OPPOSITION TO MOTION FOR 

PARTIAL SUMMARY JUDGMENT 

Courtroom: 8, 4th Floor 

Judge: Hon. Lucy H. Koh 

Case 5:17-cv-00220-LHK Document 872-2 Filed 09/24/18 Page 1 of 7
1 Holtz Declaration ISO Admin. Motion to Seal 

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

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MORGAN, LEWIS &

BOCKIUS LLP 

ATTORNEYS AT LAW

SAN FRANCISCO

DECLARATION OF GEOFFREY T. HOLTZ 

I, Geoffrey T. Holtz, declare and state that: 

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

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

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

Under Seal (the “Motion”) Portions Of Qualcomm’s Opposition to the FTC’s Motion For 

Summary Judgment (the “Opposition”) And Supporting Request, Declarations And Exhibits 

(collectively, “Supporting Documents”). I have personal knowledge of the facts set forth herein, 

or my knowledge is based upon my review of records of this case. If called upon as a witness in 

this action, I could and would testify competently thereto. 

2. Portions of the Opposition and supporting papers contain excerpts of and/or 

statements derived from documents and testimony that have been designated confidential by third 

parties under the governing protective orders in this action. These orders include the Protective 

Order and Supplemental Protective Orders in this MDL action; the Protective Order and 

Supplemental Protective Orders in the FTC litigation, Federal Trade Commission v. Qualcomm 

Incorporated, No. 17-cv-00220-LHK-NMC (N.D. Cal.); and the Protective Order in the Southern 

District of California litigation, Apple, Inc. v. Qualcomm Incorporated, No. 17-cv-0108-GPCMDD (together, “Protective Orders”). Qualcomm has been informed that this information retains 

independent economic value from not being generally known to, and not being readily 

ascertainable through proper means to the general public. 

3. Specifically, Qualcomm’s Opposition contains and references the following 

information designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” under the 

Protective Orders by third parties Nokia Technologies OY and Nokia USA Inc. (collectively, 

“Nokia”); Ericsson Inc. (“Ericsson”); InterDigital, Inc. (“InterDigital”); Via Licensing 

Corporation (“Via Licensing”); Samsung Electronics Co. Ltd. and Samsung Semiconductor, Inc. 

(collectively, “Samsung”); Huawei, and MediaTek USA Inc. and MediaTek Inc. (collectively, 

“MediaTek”): 

Case 5:17-cv-00220-LHK Document 872-2 Filed 09/24/18 Page 2 of 7
2 Holtz Declaration ISO Admin. Motion to Seal 

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

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MORGAN, LEWIS &

BOCKIUS LLP 

ATTORNEYS AT LAW

SAN FRANCISCO

 Table 1: Proposed Redactions In Qualcomm’s Opposition 

Page and Line Number Party Requesting 

8:18-26 Nokia 

9:6-11 Ericsson 

9:10-11 Huawei 

9:16-23 InterDigital 

9:25-10:2 MediaTek 

10:2-4 Intel 

10:4-8 MediaTek, Marvell, 

Ericsson

10:8-9 Samsung 

21:16-19 Via Licensing 

 

4. Additionally, Exhibits 22-27, 31 and 36 to the Declaration of Geoffrey T. Holtz in 

Support of Qualcomm’s Opposition (“Holtz Declaration”) are or contain the following materials 

that have been designated confidential by third parties under the Protective Orders: 

Table 2: Requested Exhibits Under Seal 

Document Portion Under Seal Party Requesting 

Exhs. 22 and 27 Partial Nokia 

Exh. 23 Partial Ericsson 

Exh. 24 Entire exhibit InterDigital 

Exh. 25 Entire exhibit MediaTek 

Exh. 26 Entire exhibit Samsung 

Exh. 31 Entire exhibit Via Licensing 

Exh. 36 Entire exhibit Huawei, Ericsson 

5. Furthermore, Exhibits 17-20 to Qualcomm’s Request for Judicial Notice contains 

information related to licensing designated as confidential by third parties Ericsson, MediaTek, 

Case 5:17-cv-00220-LHK Document 872-2 Filed 09/24/18 Page 3 of 7
3 Holtz Declaration ISO Admin. Motion to Seal 

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

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BOCKIUS LLP 

ATTORNEYS AT LAW

SAN FRANCISCO

Intel Corporation (“Intel”), and Marvell Semiconductor, Inc. (“Marvell”). I have been informed 

by counsel for these third parties that their practice is to treat information contained in 

confidential regulatory submissions as confidential, and not to disclose this information outside 

the company. 

6. Finally, Exhibits 1-15 to the Declaration Of Dr. Edward G. Tiedemann, Jr. in 

support of Qualcomm’s Opposition (“Tiedemann Declaration”) and Exhibits 1-10 of the 

Declaration Of Lorenzo Casaccia in support of Qualcomm’s Opposition (“Casaccia Declaration”) 

are the complete standards sold by third parties TIA and ATIS. These standards are copyrighted 

and accessible only through purchase. 

7. Pursuant to the Court’s September 5, 2018 order, Qualcomm contacted all third 

parties between September 17, 2018 and September 24, 2018 to discuss the sealing of third-party 

confidential information. Because revisions to the Opposition were made through the date of the 

filing, including the addition and removal of references to third party confidential information, 

except where noted below, the third parties were unable to submit supporting declarations with 

the filing of this motion but indicated they would do so within the period of time designated by 

the Court’s order. Specifically: 

a. Qualcomm contacted Nokia on September 17, 2018, with further discussions 

between September 19-24, 2018. Nokia requested to be sealed portions of 

Exhibits 22 and 27 of the Holtz Declaration and Nokia has provided a declaration 

to be filed with this motion. 

b. Qualcomm contacted Ericsson on September 17, 2018, with further discussions 

between September 18-24, 2018. Ericsson requested to be sealed portions of 

Exhibit 23 of the Holtz Declaration and Exhibit 17 of Qualcomm’s Request for 

Judicial Notice. Ericsson intends to file a separate declaration within 7 days of the 

filing of this motion. 

c. Qualcomm contacted InterDigital on September 17, 2018, with further discussions 

between September 18-24, 2018. InterDigital requested to be sealed portions of 

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4 Holtz Declaration ISO Admin. Motion to Seal 

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

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MORGAN, LEWIS &

BOCKIUS LLP 

ATTORNEYS AT LAW

SAN FRANCISCO

Exhibit 24 of the Holtz Declaration, and InterDigital intends to file a separate 

declaration within 7 days of the filing of this motion. 

d. Qualcomm contacted MediaTek on September 17, 2018, with further discussions 

on September 19-24, 2018. MediaTek requested to be sealed the information in 

Exhibit 25 of the Holtz Declaration and Exhibit 20 of Qualcomm’s Request for 

Judicial Notice, and MediaTek intends to file a separate declaration within 7 days 

of the filing of this motion. 

e. Qualcomm contacted Samsung on September 17, 2018, with further discussions on 

September 21 and 24, 2018. Samsung requested to be sealed Exhibit 26 of the 

Holtz Declaration and indicated that it intends to file a separate declaration by 

September 28, 2018 given that Samsung’s offices are closed and will remain 

closed through September 26, 2018 due to Korean Thanksgiving. 

f. Qualcomm contacted Via Licensing on September 17, 2018, with further 

discussions on September 21-24, 2018. Via Licensing requested to be sealed 

portions of Exhibit 31 of the Holtz Declaration, and Via Licensing intends to file a 

separate declaration by October 1, 2018. 

g. Qualcomm contacted Huawei on September 24, 2018 and received a reply from 

counsel that same day. Huawei requested to be sealed the information in Exhibit 

36 of the Holtz Declaration, and Huawei intends to file a separate declaration 

within 7 days of the filing of this motion. 

h. Qualcomm contacted Marvell on September 20, 2018, with further discussions on 

the same day and on September 24, 2018. Marvell requested to be sealed Exhibit 

19 of Qualcomm’s Request for Judicial, and Marvell intends to file a separate 

declaration within 7 days of the filing of this motion. 

i. Qualcomm contacted Intel on September 22, 2018 and received a reply from 

counsel that same day. Intel requested to be sealed Exhibit 18 of Qualcomm’s 

Request for Judicial Notice, and Intel has provided a declaration to be filed with 

this motion. 

Case 5:17-cv-00220-LHK Document 872-2 Filed 09/24/18 Page 5 of 7
5 Holtz Declaration ISO Admin. Motion to Seal 

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

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ATTORNEYS AT LAW

SAN FRANCISCO

j. Qualcomm contacted TIA on September 19, 2018 and received a reply from 

counsel September 20, 2018. TIA requested to be sealed the information in Exhibit 

1-15 of the Tiedemann Declaration, and TIA intends to file a separate declaration 

within 7 days of the filing of this motion. 

k. Qualcomm contacted ATIS on September 20, 2018 and received a reply from 

counsel that same day. ATIS requested to be sealed the information in Exhibit 1-

10 of the Casaccia Declaration, and ATIS intends to file a separate declaration 

within 7 days of the filing of this motion. 

8. Based on the foregoing, Qualcomm has proposed redactions to Qualcomm’s 

Opposition and Supporting Documents and requests that the Court seal the Unredacted 

Opposition and Supporting Documents. Attached to this declaration is a version of Qualcomm’s 

Opposition that contains the proposed redactions. 

9. On September 24, 2018, I met and conferred by phone with counsel for the Federal 

Trade Commission regarding Qualcomm’s intention to move for an order sealing the information 

reflected above. I informed the FTC that Qualcomm believes, based on the representations of 

third parties, that the third party information is confidential. Counsel for the FTC informed me 

that the FTC does not take a position on whether the relevant information in the Motion and is 

confidential and therefore needs to be filed under seal 

10. I, Geoffrey T. Holtz, am the ECF User whose ID and password are being used to 

file this document and accompanying filings relating to the Opposition with the Clerk of the 

Court using CM/ECF which will send electronic notification of such filing to all registered 

counsel and, in compliance with Local Rule 5-1(i)(3), hereby attest that all signatories concur 

with these filings. Attached hereto are the declarations Qualcomm has received from other 

parties to be filed in accordance with the Court’s September 5, 2018 order. 

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

24th day of September, 2018 in San Francisco, California. 

Case 5:17-cv-00220-LHK Document 872-2 Filed 09/24/18 Page 6 of 7
6 Holtz Declaration ISO Admin. Motion to Seal 

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

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MORGAN, LEWIS &

BOCKIUS LLP 

ATTORNEYS AT LAW

SAN FRANCISCO

 /s/ Geoffrey T. Holtz 

Geoffrey T. Holtz 

Case 5:17-cv-00220-LHK Document 872-2 Filed 09/24/18 Page 7 of 7