DECLARATION OF NATHAN P. EIMER IN SUPPORT OF JOINT ADMINISTRATIVE MOTION TO 

SEAL DEFENDANT QUALCOMM INCORPORATED’S MOTION TO EXCLUDE EXPERT REPORTS OF 

RICHARD L. DONALDSON (DOC. 1024)

Case No. 5:17-cv-00220-LHK 1

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Nathan P. Eimer (pro hac vice)

Brian Y. Chang (SBN 287757)

EIMER STAHL LLP

224 South Michigan Avenue

Suite 1100

Chicago, IL 60604

Phone: (312) 660-7600

Fax: (312) 692-1718

neimer@eimerstahl.com

bchang@eimerstahl.com

Attorneys for non-party

LG Electronics, Inc.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

FEDERAL TRADE COMMISSION

vs.

QUALCOMM INCORPORATED.

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

The Honorable Lucy H. Koh

DECLARATION OF NATHAN P. EIMER

IN SUPPORT OF JOINT 

ADMINISTRATIVE MOTION TO SEAL 

DEFENDANT QUALCOMM 

INCORPORATED’S MOTION TO 

EXCLUDE EXPERT REPORTS OF 

RICHARD L. DONALDSON (DOC. 1024)

Case 5:17-cv-00220-LHK Document 1034 Filed 12/21/18 Page 1 of 5
DECLARATION OF NATHAN P. EIMER IN SUPPORT OF JOINT ADMINISTRATIVE MOTION TO 

SEAL DEFENDANT QUALCOMM INCORPORATED’S MOTION TO EXCLUDE EXPERT REPORTS OF 

RICHARD L. DONALDSON (DOC. 1024)

Case No. 5:17-cv-00220-LHK 2

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I, Nathan P. Eimer, do declare and state as follows: 

1. I am an attorney with the law firm of Eimer Stahl LLP, counsel for non-party

LG Electronics, Inc. (“LGE”) in relation to the above-captioned matter. I am a member in good 

standing of the State Bar of Illinois. I 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 (Doc. 1024). I have personal knowledge of the facts set 

forth in this Declaration and, if called as a witness, could and would testify competently to such 

facts under oath.

2. I have reviewed the Joint Administrative Motion to File Under Seal Portions of 

Defendant Qualcomm Incorporated’s Motion to Exclude Expert Reports of Richard L. Donaldson 

(Doc. 1024), the Declarations of Geoffrey T. Holtz, Gary A. Bornstein, and Jennifer Milici 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 (Docs. 1024-6, 1024-

22, and 1024-23), and the relevant portions of the unredacted version of the Expert Report of

Richard Donaldson, dated May 24, 2018 (Doc. 799-2), with the policy considerations outlined in 

Civil Local Rule 79-5 in mind. 

3. Mr. Donaldson’s Expert Report contains references to confidential testimony that 

was provided by LGE and designated as “Highly Confidential – Attorneys’ Eyes Only” under the 

protective orders entered in these cases as Doc. 81 in the FTC Action (5:17-cv-00220-LHK) and as 

Doc. 46 in the MDL Action (5:17-md-02773-LHK). LGE asks that these portions of 

Mr. Donaldson’s Expert Report be kept under seal for the reasons discussed below. 

4. Good cause exists to keep under seal the highly confidential information contained 

in paragraphs 146 and 147 on pages 68 and 69, including accompanying footnotes 231, 233, 234, 

235, and 236, in Mr. Donaldson’s Expert Report (Doc. 799-2), for the reasons explained in my 

declaration of September 4, 2018, which was attached as Exhibit J (Doc. 1024-16) to the Joint 

Administrative Motion to File Under Seal Portions of Defendant Qualcomm Incorporated’s Motion 

to Exclude Expert Reports of Richard L. Donaldson. 

Case 5:17-cv-00220-LHK Document 1034 Filed 12/21/18 Page 2 of 5
DECLARATION OF NATHAN P. EIMER IN SUPPORT OF JOINT ADMINISTRATIVE MOTION TO 

SEAL DEFENDANT QUALCOMM INCORPORATED’S MOTION TO EXCLUDE EXPERT REPORTS OF 

RICHARD L. DONALDSON (DOC. 1024)

Case No. 5:17-cv-00220-LHK 3

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5. In support of sealing this information, LGE further provides the following 

information about why good cause exists to keep these excerpts under seal:

Donaldson 

Report 

(Doc. 799-2)

Type of Information Good Cause to Seal

Page 68, 

¶ 146

Trade secrets, including detailed descriptions of 

LGE’s position in CDMA licensing negotiations 

with Qualcomm in 2003 and 2004. 

Disclosure could harm LGE’s 

position in future negotiations 

with suppliers and put LGE at 

a disadvantage among 

competitors.

Page 68–69, 

¶ 147

Trade secrets, including

(a) Detailed descriptions of LGE’s position 

in CDMA licensing negotiations with 

Qualcomm in 2003 and 2004, and 

(b) References to the highly confidential 

Hague Convention testimony of Hwi-Jae 

Cho about LGE’s position in CDMA 

licensing negotiations and the business 

impact of LGE’s purchasing options in 

the baseband processor market. 

Disclosure could harm LGE’s 

position in future negotiations 

with suppliers and put LGE at 

a disadvantage among 

competitors. The Court has 

already ordered that certain 

portions of Mr. Cho’s 

testimony be kept under seal, 

as explained in more detail 

below. (Doc. 989.)

Page 68, 

fn. 231

Trade secrets, including

(a) Confidential communications between 

Qualcomm and LGE that reveal LGE’s 

position in CDMA licensing negotiations 

with Qualcomm, and

(b) Quotes from the Hague Convention 

Testimony of Hwi-Jae Cho (¶¶ 61, 66–

67) that reveal LGE’s position in CDMA 

licensing negotiations with Qualcomm.

Disclosure could harm LGE’s 

position in future negotiations 

with suppliers and put LGE at 

a disadvantage among 

competitors. The Court has 

already ordered that ¶¶ 61 and 

66–67 of Mr. Cho’s 

testimony be kept under seal. 

(Doc. 989.)

Page 69, 

fn. 233, 

lines 3–9

Trade secrets, including quotes from the Hague 

Convention Testimony of Hwi-Jae Cho (¶¶ 67, 

105) that reveal information about LGE’s 

position in CDMA licensing negotiations with 

Qualcomm and the business impact of LGE’s 

purchasing options in the baseband processor 

market.

Disclosure could harm LGE’s 

position in future negotiations 

with suppliers and put LGE at 

a disadvantage among 

competitors. The Court has 

already ordered that ¶¶ 67 and 

105 of Mr. Cho’s testimony 

be kept under seal. (Doc. 

989.)

Page 69, 

fn. 234

Trade secrets, including a quote from the Hague 

Convention Testimony of Hwi-Jae Cho (¶ 91) 

Disclosure could harm LGE’s 

position in future negotiations 

with suppliers and put LGE at 

Case 5:17-cv-00220-LHK Document 1034 Filed 12/21/18 Page 3 of 5
DECLARATION OF NATHAN P. EIMER IN SUPPORT OF JOINT ADMINISTRATIVE MOTION TO 

SEAL DEFENDANT QUALCOMM INCORPORATED’S MOTION TO EXCLUDE EXPERT REPORTS OF 

RICHARD L. DONALDSON (DOC. 1024)

Case No. 5:17-cv-00220-LHK 4

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Donaldson 

Report 

(Doc. 799-2)

Type of Information Good Cause to Seal

that reveals information about LGE’s position in 

CDMA licensing negotiations with Qualcomm.

a disadvantage among 

competitors. The Court has 

already ordered that ¶ 91 of 

Mr. Cho’s testimony be kept 

under seal. (Doc. 989.)

Page 69, 

fn. 235

Trade secrets, including quotes from the Hague 

Convention Testimony of Hwi-Jae Cho (¶¶ 93–

95) that reveal information about LGE’s position 

in CDMA licensing negotiations with 

Qualcomm.

Disclosure could harm LGE’s 

position in future negotiations 

with suppliers and put LGE at 

a disadvantage among 

competitors. The Court has 

already ordered that ¶¶ 93–95

of Mr. Cho’s testimony be 

kept under seal. (Doc. 989.)

Page 69, 

fn. 236

Trade secrets, including quotes from the Hague 

Convention Testimony of Hwi-Jae Cho (¶¶ 132, 

150–54) that reveal information about LGE’s 

position in CDMA licensing negotiations with 

Qualcomm.

Disclosure could harm LGE’s 

position in future negotiations 

with suppliers and put LGE at 

a disadvantage among 

competitors. The Court has 

already ordered that ¶¶ 132 

and 150–54 Mr. Cho’s 

testimony be kept under seal. 

(Doc. 989.)

6. To protect LGE from substantial competitive harm, LGE respectfully requests that 

the portions of Mr. Donaldson’s Expert Report identified above be fully redacted and sealed from 

public access. 

Case 5:17-cv-00220-LHK Document 1034 Filed 12/21/18 Page 4 of 5
DECLARATION OF NATHAN P. EIMER IN SUPPORT OF JOINT ADMINISTRATIVE MOTION TO 

SEAL DEFENDANT QUALCOMM INCORPORATED’S MOTION TO EXCLUDE EXPERT REPORTS OF 

RICHARD L. DONALDSON (DOC. 1024)

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

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

that the foregoing is true and correct to the best of my knowledge. 

Executed on December 21, 2018, in Chicago, Illinois.

By: __/s/ Nathan P. Eimer______________

Nathan P. Eimer (pro hac vice)

EIMER STAHL LLP

224 South Michigan Avenue

Suite 1100

Chicago, IL 60604

Phone: (312) 660-7600

Fax: (312) 692-1718

neimer@eimerstahl.com

Attorney for non-party

LG Electronics, Inc.

Case 5:17-cv-00220-LHK Document 1034 Filed 12/21/18 Page 5 of 5