Case No. 5:17-CV-00220-LHK Declaration ISO Qualcomm’s Administrative 

Motion to Seal 

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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 MARK A. FORD 

ON BEHALF OF NON-PARTY INTEL 

CORPORATION IN SUPPORT OF 

QUALCOMM’S ADMINISTRATIVE 

MOTION TO FILE UNDER SEAL

Case 5:17-cv-00220-LHK Document 884 Filed 09/28/18 Page 1 of 4
Case No. 5:17-CV-00220-LHK 1 Declaration ISO Qualcomm’s Administrative 

Motion to Seal 

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I, Mark Ford, declare as follows: 

1. I am a partner at the law firm of Wilmer Cutler Pickering Hale and Dorr LLP, counsel for

non-party Intel Corporation (“Intel”) in the above-captioned litigation. I am licensed to

practice law in the Commonwealth of Massachusetts and am admitted to practice pro hac

vice before the U.S. District Court for the Northern District of 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. On September 20, 2018, pursuant to Judge Koh’s September 5, 2018 Order (Dkt. No.

821) and Civil Local Rule 79-5 (“Rule 79-5”), Defendant Qualcomm informed Intel that

it anticipated including as part of Qualcomm’s Opposition to the Federal Trade 

Commission’s Motion to Exclude Expert Testimony of Dr. Edward A. Snyder and related 

exhibits (“Qualcomm’s Opposition”) certain information that Intel previously designated 

confidential or highly confidential pursuant to the Protective Order and Supplemental 

Protective Order in the FTC Litigation, Case No. 5:17-cv-00220 (Dkt. Nos. 81 and 137) 

(the “Protective Orders”). On the evening of September 24, 2018, Qualcomm informed 

Intel that because of revisions to its filings, Qualcomm intended to use different 

information than Qualcomm had identified on September 20. Because of the late hour, 

Intel was unable to update its declaration for filing by Qualcomm in accordance with 

Judge Koh’s September 5, 2018 Order. Therefore, I now submit this declaration pursuant 

to Local Rule 79-5 in support of Qualcomm’s Joint Administrative Motion to File Under 

Seal Portions of Qualcomm’s Opposition to the Federal Trade Commission’s Motion to 

Exclude Expert Testimony of Dr. Edward A. Snyder (Dkt. 875). 

3. Intel is a non-party to this action. Disclosure of Intel’s confidential business information

would cause undue injury to Intel and put Intel at a competitive disadvantage by

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Case No. 5:17-CV-00220-LHK 2 Declaration ISO Qualcomm’s Administrative 

Motion to Seal 

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informing competitors about internal Intel policies, practices, and strategies. Further, 

disclosure would harm Intel’s relationships with third parties by revealing sensitive 

information about Intel’s analysis of those third parties. 

4. Intel requests that the Court maintain under seal the sentence in Qualcomm’s Opposition

at page 20, lines 6-8, associated with the citation to Dr. Snyder’s report at ¶ 270. This

sentence contains confidential information regarding Intel’s internal market analysis.

5. Intel keeps details of its internal market analysis strictly confidential to avoid injury to

Intel through the disclosure of confidential business information. Disclosure of such

information would put Intel at a competitive disadvantage by alerting competitors to

internal Intel policies, practices, and strategies.

6. It is Intel’s practice to keep such internal market analysis, and similar communications

and documents containing highly sensitive business information, confidential. Intel has

taken reasonable steps to protect the confidentiality of the documents and testimony

underlying this sentence, including designating them INTEL HIGHLY

CONFIDENTIAL-OUTSIDE ATTORNEYS EYES ONLY pursuant to the Protective

Orders filed in the related actions.

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: September 28, 2018 

By: /s/ Mark A. Ford

Mark A. Ford

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Case No. 5:17-CV-00220-LHK 3 Declaration ISO Qualcomm’s Administrative 

Motion to Seal 

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CERTIFICATE OF SERVICE

I hereby certify that on September 28, 2018, I electronically filed the above document with 

the Clerk of the Court using CM/ECF, which will send electronic notification of such filing to all 

registered counsel.

By: /s/ Mark A. Ford

Mark A. Ford

Case 5:17-cv-00220-LHK Document 884 Filed 09/28/18 Page 4 of 4