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 JANA I. SEIDL CASE NO. 5:17-MD-00220-LHK-NMC

BAKER BOTTS L.L.P. 

Stuart C. Plunkett (SBN 187971) 

Joseph A. Ostoyich 

Heather Souder Choi 

Jana I. Seidl 

stuart.plunkett@bakerbotts.com 

joseph.ostoyich@bakerbotts.com 

heather.choi@bakerbotts.com 

jana.seidl@bakerbotts.com 

101 California Street, Suite 3600 

San Francisco, California 94111 

Telephone: (415) 291-6200 

Facsimile: (415) 291-6300 

Counsel for non-party AT&T Mobility LLC 

UNITED STATES DISTRICT COURT 

FOR THE 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 JANA I. SEIDL 

IN SUPPORT OF JOINT ADMINISTRATIVE 

MOTION TO FILE UNDER SEAL 

(DKT. NO. 1024) 

Case 5:17-cv-00220-LHK Document 1037 Filed 12/21/18 Page 1 of 4
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 JANA I. SEIDL 1 CASE NO. 5:17-MD-00220-LHK-NMC

I, Jana I. Seidl, declare as follows: 

1. I am an active member in good standing with the bars of the District of Columbia 

and the Commonwealth of Virginia. I am an Associate with the law firm of Baker Botts L.L.P. 

and represent non-party AT&T Mobility LLC (“AT&T”) in connection with subpoenas issued in 

the course of this and other related Qualcomm antitrust litigations. I make this declaration, 

except where noted, of my own personal knowledge, and if called upon to do so, I could and 

would testify competently to the facts contained herein. 

2. Pursuant to Civil Local Rules 7-11 and 79-5, I respectfully submit this declaration 

in support of Plaintiff the Federal Trade Commission’s and Defendant Qualcomm Incorporated’s 

(“Qualcomm”) Joint Administrative Motion to File Under Seal, Dkt. No. 1024, (“Joint Motion”) 

relating to Qualcomm’s Motion to Exclude the Expert Reports of Richard L. Donaldson 

(“Motion to Exclude”), Dkt. No. 1024-1. In support of its Motion to Exclude, Qualcomm filed 

the Declaration of Geoffrey T. Holtz (“Holtz Declaration”), Dkt. No. 1024-2. Exhibit 1 to the 

Holtz Declaration is the Expert Report of Richard L. Donaldson (“Donaldson Report”), Dkt. No. 

799-2. 

3. Portions of the Donaldson Report contain information AT&T designated as 

HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY, HIGHLY 

CONFIDENTIAL – ATTORNEYS’ EYES ONLY, or CONFIDENTIAL under the governing 

Protective Orders in this action, or other AT&T confidential business information that qualifies 

for protection. The relevant Protective Orders and Supplemental Protective Orders include 

Protective Orders in the FTC Litigation, Case No. 5:17-cv-00220-LHK, Dkt. Nos. 81 and 430, 

Protective Orders in the MDL Litigation, Case No. 5:17-md-02773-LHK, Dkt. Nos. 46, and 259, 

and the Protective Order in the Southern District of California Litigation, Dkt. No. 163 

(“Protective Orders”). 

4. Consistent with AT&T’s obligation under Civil Local Rule 79-5, AT&T has 

“narrowly tailored” its sealing requests to only such specific information that qualifies for 

sealing. Civ. L.R. 79-5(b). AT&T understands that only the specific information in 

Qualcomm’s Motion to Exclude and the accompanying Holtz Declaration and Exhibits including 

Case 5:17-cv-00220-LHK Document 1037 Filed 12/21/18 Page 2 of 4
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 JANA I. SEIDL 2 CASE NO. 5:17-MD-00220-LHK-NMC

the Donaldson Report containing AT&T confidential material are subject to sealing at this time. 

For the avoidance of doubt, AT&T intends to maintain confidentiality regarding any information 

contained within the underlying documents, does not waive any right to fully enforce the 

confidentiality of such documents, and intends to seek protection of any such documents at the 

appropriate time. 

5. The right to “access judicial records is not absolute”—certain types of non-public, 

commercially sensitive documents may be protected from public disclosure. See Kamakana v. 

City of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006). Rule 26 of the Federal Rules of Civil 

Procedure provides district courts with broad discretion to seal filed materials in order to protect, 

among other things, “a trade secret or other confidential research, development, or commercial 

information.” See Fed. R. Civ. P. 26(c)(1)(g). 

6. The Ninth Circuit has articulated a “compelling reasons” standard for materials 

filed as part of dispositive motions or used at trial. See Kamakana, 447 F.3d at 1179-80. 

Commercially sensitive contractual language such as “pricing terms, royalty rates, and 

guaranteed minimum payment terms” constitute the “precise sort of information” that under the 

compelling reasons standard “plainly falls within the definition of trade secrets and therefore 

must be sealed.” See In re Electronic Arts, Inc., 298 Fed. App’x 568, 569-70 (9th Cir. 2008) 

(applying Kamakana compelling reasons standard in determining that a trial exhibit containing 

detailed license information was properly sealable); see also Rainbow Bus. Solutions v. Merch. 

Servs., 2013 WL 12308205, at *2 (N.D. Cal. May 10, 2013) (finding “particular information 

about the party’s contractual agreements, including items such as pricing arrangements” properly 

sealable under the compelling reasons standard). 

7. The following entries in the Donaldson Report, Exhibit 1 to the Holtz Declaration 

filed in support of Qualcomm’s Motion to Exclude, contain information related to confidential 

AT&T license agreements and other non-public, commercially sensitive information. Thus, 

AT&T moves the court for the following narrowly tailored redactions consistent with Civil Local 

Rule 79-5(b):

// 

Case 5:17-cv-00220-LHK Document 1037 Filed 12/21/18 Page 3 of 4
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 JANA I. SEIDL 3 CASE NO. 5:17-MD-00220-LHK-NMC

8. The passages of the Donaldson Report identified in paragraph 7 contain highly 

confidential AT&T business information that satisfies the sealing requirements. AT&T has 

proposed “narrowly tailored” redactions consistent with the requirements of Civil Local Rule 79-

5. Thus, AT&T respectfully asks that this Court grant the Joint Motion as to the excerpts cited in 

paragraph 7. 

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

foregoing facts are true and correct. 

Executed this 21st day of December, 2018 in Washington, District of Columbia. 

/s/ Jana I. Seidl

Jana I. Seidl 

BAKER BOTTS L.L.P. 

1299 Pennsylvania Avenue, NW 

Washington, DC 20004 

Telephone: (202) 639-7855 

Facsimile: (202) 585-4066 

jana.seidl@bakerbotts.com 

Counsel for AT&T Mobility LLC 

Paragraph or 

Footnote No. 

Description 

Paragraph 36 Second through last sentence of paragraph reading “In 1990, ... %.” 

Paragraph 111 Portion of paragraph, i.e., last line on page 51 to half of first line on 

page 52, beginning with “—dating ... .”

Case 5:17-cv-00220-LHK Document 1037 Filed 12/21/18 Page 4 of 4