New Pacer--DECLARATION OF EUGENE Y. MAR IN SUPPORT OF [PROPOSED] SEALING

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION HTC CORPORATION and HTC
AMERICA, INC.,
Plaintiffs,
vs.
TECHNOLOGY PROPERTIES LIMITED, PATRIOT SCIENTIFIC
CORPORATION, and ALLIACENSE LIMITED,
Defendants.

DECLARATION OF EUGENE Y. MAR IN SUPPORT OF [PROPOSED] SEALING

ORDER Date: May 28, 2010
Time: 9:00 a.m.
Dept.: Courtroom 3, 5th Floor
Judge: The Honorable Jeremy Fogel

I, Eugene Y. Mar, declare:
1. I am licensed to practice law in the State of California and am an associate with the law firm of Farella Braun & Martel LLP, attorneys for TECHNOLOGY PROPERTIES LIMITED and ALLIACENSE LIMITED (collectively, “TPL”). I have personal knowledge of
the matters set forth below and if called and sworn as a witness, I could and would competently testify to the facts set forth herein.
2. On April 19, 2010, Plaintiffs HTC Corporation and HTC America, Inc. (collectively “HTC”) filed an Administrative Request To File under Seal [Docket No. 154] and lodged the following documents in support of HTC’s Motion for Order Prohibiting Improper Contact with HTC Employees by Defendants’ Counsel:
• Plaintiffs’ Memorandums and Authorities in Support of its Motion for Order Prohibiting Improper Contact with HTC Employees by Defendants’ Counsel;
• Declaration Kyle Chen and Exhibits in Support of Plaintiffs’ Motion for Order Prohibiting Improper Contact with HTC Employees by Defendants’ Counsel; and
• Declaration of Becky Nine and Exhibits in Support of Plaintiffs’ Motion for Order Prohibiting Improper Contact with HTC Employees Defendants’ Counsel. Pursuant to Civil Local Rule 79-5(d), Defendants must provide a supporting declaration
establishing that any exhibit designated confidential by the Defendants is sealable.
3. Exhibits B, C, E, and F to the Declaration of Kyle Chen represent confidential, settlement communications sent from Defendant TPL to HTC. These communications contain specific terms and offers for settling this litigation and also describe confidential proposals for business opportunities between HTC and TPL. The public disclosure of the settlement offers and confidential business proposals found in these correspondences would detrimentally harm TPL’s business by allowing other potential licensees to learn of and take unfair advantage of TPL’s business strategy. Thus, TPL designates these Exhibits B, C, E, & F to the Chen Declaration as confidential under the Stipulated Protective Order entered in this case.
4. Similarly, Exhibits A and B to the Declaration of Becky Nine also represent confidential, settlement communications sent from Defendant TPL to HTC. TPL maintains that the public disclosure of these documents would detrimentally harm TPL’s business by allowing potential licensees aside from HTC to learn of and take unfair advantage TPL’s business strategy. Thus, TPL designates Exhibits A & B to the Nine Declaration as confidential under the Stipulated Protective Order entered in this case.
5. Plaintiffs’ Memorandum of Points & Authorities in Support of a Motion for Order Prohibiting Improper Contact with HTC Employees by Defendants’ Counsel contain lengthy descriptions and quotations from the confidential settlement and business communications described in paragraphs 3 & 4 above. In addition, HTC’s arguments reveal significant detail bout these settlement communications as well. Thus, to protect TPL’s confidential business strategy, Plaintiffs’ Memorandum of Points & Authorities should be sealed.
6. For the reasons stated above, Defendants respectfully request that Exhibits B, C, E & F to the Declaration of Kyle Chen, Exhibits A& B to the Declaration of Becky Nine, and the
Plaintiffs’ Memorandum of Points and Authorities be filed under seal.
7. Pursuant to Civil Local Rule 79-5(d), a narrowly tailored proposed order is attached to this declaration. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on April 26, 2010, at San
Francisco, California.
/s/ Eugene Y. Mar
Eugene Y. Mar