TAKASHIMA DECL. ISO DEFENDANT QUALCOMM’S MOTION TO FILE UNDER SEAL

CASE NO. 5:17-CV-00220-LHK-NMC

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BOIES SCHILLER FLEXNER LLP

William A. Isaacson (Pro Hac Vice App. to be filed)

DC Bar No. 414788, wisaacson@bsfllp.com

Karen L. Dunn (Pro Hac Vice App. to be filed)

DC Bar No. 1002520, kdunn@bsfllp.com

Amy J. Mauser (Pro Hac Vice App. to be filed)

DC Bar No. 424065, amauser@bsfllp.com

1401 New York Avenue, N.W.

Washington, DC 20005

Telephone: (202) 237-2727

Facsimile: (202) 237-6131

BOIES SCHILLER FLEXNER LLP

Edward H. Takashima, SBN 270945

etakashima@bsfllp.com 

401 Wilshire Blvd, Suite 850 

Santa Monica, CA 90401

Telephone: (310) 752-2408

Facsimile: (310) 752-2490

Attorneys for Non-Party APPLE INC.

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 EDWARD H. 

TAKASHIMA ON BEHALF OF NONPARTY APPLE INC. IN SUPPORT OF 

DEFENDANT QUALCOMM 

INCORPORATED’S ADMINISTRATIVE 

MOTION TO FILE UNDER SEAL 

Courtroom: 8, 4th Floor

Judge: Hon. Lucy H. Koh

Case 5:17-cv-00220-LHK Document 878 Filed 09/25/18 Page 1 of 3
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TAKASHIMA DECL. ISO DEFENDANT QUALCOMM’S MOTION TO FILE UNDER SEAL

CASE NO. 5:17-CV-00220-LHK-NMC

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I, Edward H. Takashima, declare as follows: 

1. I am a partner at the law firm of Boies Schiller Flexner LLP, representing NonParty Apple Inc. (“Apple”). I am an active member in good standing with the State Bar of 

California. I have personal knowledge of the matters set forth in this declaration, or am informed 

and believe them to be true, and if called upon as a witness could and would testify competently 

to the matters herein. 

2. I respectfully submit this declaration in support of Defendant Qualcomm 

Incorporated’s Administrative Motion to File Under Seal, pursuant to Civil Local Rules 7-11 and 

79-5. 

3. In the late afternoon and evening of September 24, 2018, I received two emails 

from Qualcomm’s counsel indicating that Qualcomm planned to include in a filing certain 

information that Apple has designated as Protected Material under the Protective Orders in this 

case. Qualcomm indicated that only two excerpts from its filing contained Apple information that 

had not previously been filed under seal. 

4. I responded to Qualcomm’s email and requested that Qualcomm submit two 

portions of those excerpts for filing under seal.1 

5. The excerpts I asked Qualcomm to submit for filing under seal contain 

confidential information regarding: Apple’s dealings with potential suppliers, including 

evaluations regarding the suppliers, and Apple’s procurement decisionmaking. Apple treats this 

information as confidential, and has designated it Confidential or Highly Confidential. The 

public release of this information could negatively impact Apple’s relationship with current and 

potential suppliers. In addition, if this information were to be released to the public, Apple’s 

competitors and potential business partners would gain insight into Apple’s internal business 

operations, including Apple’s procurement practices, potentially compromising Apple’s 

competitive standing. 

 

1 Qualcomm did not provide a citation for the excerpts it sent for Apple’s review. 

Case 5:17-cv-00220-LHK Document 878 Filed 09/25/18 Page 2 of 3
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TAKASHIMA DECL. ISO DEFENDANT QUALCOMM’S MOTION TO FILE UNDER SEAL

CASE NO. 5:17-CV-00220-LHK-NMC

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6. Apple requests that the Court grant Defendant’s Motion to File Under Seal as to 

the information above.

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

24th day of September, 2018 in Santa Monica, California. 

By: /s/ Edward H. Takashima

 Edward H. Takashima

Case 5:17-cv-00220-LHK Document 878 Filed 09/25/18 Page 3 of 3