Case 3:20-cv-06754-WHA Document 644 Filed 05/02/23 Page 1 of 4
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`QUINN EMANUEL URQUHART & SULLIVAN, LLP
` Sean Pak (Bar No. 219032)
` seanpak@quinnemanuel.com
` Melissa Baily (Bar No. 237649)
` melissabaily@quinnemanuel.com
` James Judah (Bar No. 257112)
` jamesjudah@quinnemanuel.com
` Lindsay Cooper (Bar No. 287125)
` lindsaycooper@quinnemanuel.com
` Iman Lordgooei (Bar No. 251320)
` imanlordgooei@quinnemanuel.com
`50 California Street, 22nd Floor
`San Francisco, California 94111-4788
`Telephone:
`(415) 875-6600
`Facsimile:
`(415) 875-6700
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` Marc Kaplan (pro hac vice)
` marckaplan@quinnemanuel.com
`191 N. Wacker Drive, Ste 2700
`Chicago, Illinois 60606
`Telephone:
`(312) 705-7400
`Facsimile:
`(312) 705-7401
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`Attorneys for GOOGLE LLC
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`01980-00181/14056445.1
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`SONOS, INC.,
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`Plaintiff,
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`vs.
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`GOOGLE LLC,
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`Defendant.
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`SAN FRANCISCO DIVISION
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` CASE NO. 3:20-cv-06754-WHA
`Related to CASE NO. 3:21-cv-07559-WHA
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`DECLARATION OF JOCELYN MA IN
`SUPPORT OF SONOS, INC.’S
`ADMINISTRATIVE MOTION TO
`CONSIDER WHETHER ANOTHER
`PARTY’S MATERIAL SHOULD BE
`SEALED (DKT. 593)
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`CASE NO. 3:20-cv-06754-WHA
`DECLARATION OF JOCELYN MA
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`Case 3:20-cv-06754-WHA Document 644 Filed 05/02/23 Page 2 of 4
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`I, Jocelyn Ma, declare and state as follows:
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`1.
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`I am an attorney licensed to practice in the State of California and am admitted to
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`practice before this Court. I am an associate at Quinn Emanuel Urquhart & Sullivan LLP representing
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`Google LLC (“Google”) in this matter. I have personal knowledge of the matters set forth in this
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`Declaration, and if called as a witness I would testify competently to those matters.
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`2.
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`I make this declaration in support of Sonos, Inc.’s (“Sonos”) Administrative Motion to
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`Consider Whether Another Party’s Material Should Be Sealed (“Administrative Motion”) (Dkt. 593)
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`filed in connection with Sonos’s Motion in Limine No. 2 (“Motion in Limine No. 2”) (Dkt. 594). If
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`called as a witness, I could and would testify competently to the information contained herein.
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`3.
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`Google seeks an order sealing the materials as listed below:
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`Document
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`Exhibit A to the
`Declaration of Joseph
`Kolker in Support of
`Motion in Limine No.
`2 (“Exhibit A”)
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`Exhibit B to the
`Declaration of Joseph
`Kolker in Support of
`Motion in Limine No.
`2 (“Exhibit B”)
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`Exhibit 1 to the
`Declaration of Jason
`Williams in Support
`of Google’s Response
`to Motion in Limine
`No. 2 (“Exhibit 1”)
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`Exhibit 6 to the
`Declaration of Jason
`Williams in Support
`of Google’s Response
`to Motion in Limine
`No. 2 (“Exhibit 6”)
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`Exhibit 7 to the
`Declaration of Jason
`Williams in Support
`of Google’s Response
`to Motion in Limine
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`Portions Sonos
`Sought to Be Filed
`Under Seal
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`Entire document
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`Portions Google
`Seeks to Be Filed
`Under Seal
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`Designating Party
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`None
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`Google
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`Entire document
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`None
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`Google
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`Entire document
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`Entire document
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`Google
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`Entire document
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`Portions outlined red
`boxes
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`Google
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`Entire document
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`Portions outlined in
`red boxes
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`Google
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`01980-00181/14056445.1
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`-1-
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`CASE NO. 3:20-cv-06754-WHA
`DECLARATION OF JOCELYN MA
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`Case 3:20-cv-06754-WHA Document 644 Filed 05/02/23 Page 3 of 4
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`No. 2 (“Exhibit 7”)
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`4.
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`I understand that this Court has analyzed sealing requests in connection with motions in
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`limine pursuant to the “good cause” standard for non-dispositive motions. See, e.g., Gearsource
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`Holdings, LLC v. Google LLC, No. 18-CV-03812-HSG, 2021 WL 1123630, at *2 (N.D. Cal. Feb. 24,
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`2021) (“Because Defendant’s motion in limine is not a dispositive motion, the Court applies the lower
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`good cause standard.”); Racies v. Quincy Bioscience, LLC, No. 15-CV-00292-HSG, 2019 WL
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`8438448, at *1 (N.D. Cal. Dec. 16, 2019) (“Because the parties move to file documents related to their
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`motions in limine, the Court will apply the lower good cause standard.”); TVIIM, LLC v. McAfee, Inc.,
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`No. 13-CV-04545-HSG, 2015 WL 3776424, at *2 (N.D. Cal. June 16, 2015) (“Because motions in
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`limine are nondispositive motions, the Court applies the ‘good cause’ standard to the pending motions
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`to seal.”). I also understand that material that is confidential and could harm a litigant’s competitive
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`standing if disclosed may be sealed under the good cause standard. See, e.g., Skillz Platform Inc. v.
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`AviaGames Inc., No. 21-CV-02436-BLF, 2022 WL 875654, at *2 (N.D. Cal. Mar. 24, 2022) (finding
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`“good cause to file the documents and portions of documents at issue under seal given the sensitive
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`financial and business information they contain”); Dugan v. Lloyds TSB Bank, PLC, No. 12-CV-
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`02549-WHA NJV, 2013 WL 1435223, at *2 (N.D. Cal. Apr. 9, 2013) (“There may be ‘good cause’ to
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`seal records that are privileged, contain trade secrets, contain confidential research, development or
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`commercial information, or if disclosure of the information might harm a litigant’s competitive
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`standing.”).
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`5.
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`The portions of Exhibit 6 outlined in red boxes contain confidential information
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`regarding Google’s highly sensitive financial and product revenue data, internal lifetime value
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`analyses, and costs information, as well as figures from which a competitor could deduce Google’s
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`highly sensitive financial and product revenue data. Public disclosure of this information would harm
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`Google’s competitive standing and create a risk of injury by providing competitors with access to
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`information that Google does not have similar access to about their competitors, allowing them to gain
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`a competitive advantage in the marketplace. If such information were made public, I understand that
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`Google’s competitive standing would be significantly harmed. Google has therefore designated this
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`01980-00181/14056445.1
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`-2-
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`CASE NO. 3:20-cv-06754-WHA
`DECLARATION OF JOCELYN MA
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`Case 3:20-cv-06754-WHA Document 644 Filed 05/02/23 Page 4 of 4
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`information as HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY under the protective order
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`(Dkt. 92). I also understand that this Court has previously granted sealing of the same and/or similar
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`information. See, e.g., Dkt. 334 at 4.
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`6.
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`Exhibits 1 and 7 contain references to Google’s confidential business information and
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`trade secrets, including source code and details regarding the architecture and technical operation of
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`Google’s products. The specifics of how these functionalities operate is confidential information that
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`Google does not share publicly. Thus, I understand that the public disclosure of such information
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`could lead to competitive harm to Google, as competitors could use these details regarding the
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`architecture and functionality of Google’s products to gain a competitive advantage in the marketplace
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`with respect to their competing products. Google has therefore designated this information as
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`HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY under the protective order (Dkt. No. 92).
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`I also understand that this Court has previously granted sealing of the same and/or similar information.
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`See, e.g., Dkt. 334 at 3.
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`I declare under penalty of perjury under the laws of the United States of America that to the
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`best of my knowledge the foregoing is true and correct. Executed on May 2, 2023, in San Francisco,
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`California.
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`DATED: May 2, 2023
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`By: /s/ Jocelyn Ma
`Jocelyn Ma
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`01980-00181/14056445.1
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`CASE NO. 3:20-cv-06754-WHA
`DECLARATION OF JOCELYN MA
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