Civil

No: HO28579

IN THE

FOR

STATE

OF CALIFORNIA

SIXTH ApPELLATE DISTRIcr

JASON O'GRADY, MONISH BHATIA, AND KAsPER JADE,

Petitioners,
v.

COURT
OF

SUPERIOR

mE

STATE

OF

CALIFORNIA,

THE

COUN1Y

OF

SANTA

Respondent,

and
APPLE
Real

COMPUTER,
Party in Interest.

lNC"

Petition

for

Writ

of

Mandate

and/or

from

the

Superior

Court

for

the

County

Prohibition

of

Santa

CaseNo.1-04-CV-O32178

The Honorable James Kleinberg

REDACTED
DECLARAnONS OF ROBIN

VERSIONS
ZONIC

OF

AND

THE

AL

Clara

IN

SUPPORT

OF

APPLE'S

OpPOSmON

EFF's

MOTION

FOR

PROTECnVE

A. RILEY '118304) (S.B.
EBERHART
A. BOWMAN (S.B.

GEORGE

(S.B. #195474)
'220227)

DA

vm

JAMES

IANN.

R.

O'MELVENY

RAMAGE(s.B.m48St)

&

MyERS

Embarcadero

Center

West

275 Battery Street SanFrancisco,California 94111 Phone: (415) 984-8700 Fax: (415) 984-8701 Attorneys for Real Party in Interest Apple Computer, Inc.

UP

ORDER

TO

ORTIZ

CLARA,

Pursuant

to

this

Court's

Order

dated

August

30,2005,

Real

Party

in

Interest

Computer, Inc. ("Apple") hereby files redacted versions of the following documents:

1

Declaration of Robin Zonic in Support of Apple's Opposition to EFF's
Motion

for Protective Order; and
of Al Ortiz in Support of Apple's Opposition to EFF's Motion for

2.

Dated:

September

Declaration

Protective Order.

9, 2005

GEORGE

A.

EBERHART
BOWMAN

DAVID

JAMES

IAN

N.

O'MEL VENY & MYERS LLP

RAMAGE

A.

R.

RILEY

Apple

1

2
3

GEORGE A. Rll..EY (S.B. #118304) DAVID EBERHART (S.B.#19S474) DHAIV AT H. SHAH (S.B.#196382)
#224881)
LLP
IAN N. RAMAGE

O'MEL

VENY

Embarcadero

4 5 6

Center West
& MYERS (415)
Street

275

SanFranCIsco, California 94111-3344
Telephone: 984-8700 Facsimile: (415) 984-8701

Attorneys

Battery

for

Plaintiff

7

Apple

Computer,

8

SUPERIOR

Inc.

(S.8.

COURT

OF

THE

STATE

OF

9 10
11 Apple Computer, Inc., Plaintiff,

COUNTY

OF

SANTA

Case No.1 04-cv-O32178

12
13

DECLARADON OF ROBIN ZONIC
IN SUPPORT OF APPLE'S
FOR PROTECfIVE ORDER

v.
Doe 1, an unknown individual, and Does

OPPOSITION TO EFF'S MonON

14
IS

2-25, mclusive,

REDACTED
Defendants.

16
.17

18 19 20 21
22 23

24
2S 26 27

28

OpPOSmON ORDER. TO PROTEcnVE

REDAcrED

DECL

OF

ROBIN

ZONIC

ISO

APPLE'S

CLARA

CALIFORNIA

4i'

1

I, Robin Zonic, declare as follows:

2

1.

I am the Senior Managerof Investigationsin the Corporate Security

3
4

Department at Apple Computer, Inc. ("Apple"), the plaintiff in this action. I have been
employed continuously by Apple since January 1990 and have gained extensive

5

knowledge of Apple's businessand operationsduring that time. I have personal knowledge of the facts set forth in this declaration,and if called as a witness, I could and would testify thereto.

6

7
8
9

2.

I previously provided a declarationin this action on December 13,2004

in support of Apple's Ex Parte Application to Authorize Discovery. I affinn that the information I provided in that declarationremainstrue.

10 11 12 13
14

DESPITE AN EXHAUSTIVE INVESTIGATION, APPLE HAS BEEN UNABLE TO mENTIFY THE RESPONSIBLE PERSON(S)
3. As described in the Declaration of Ai Ortiz, Jr. In Support Of Apple's Opposition To EFF's Motion ("Ortiz Decl."), I was an active participant in

IS

16
17

investigation of the unauthorizeddisclosure of trade secretinformation regarding Asteroia
that was posted on www .powerpage.org ("PowerPage") and www .appleinsider .com (" AppleInsider"). I became aware of the investigation on November 19, 2004 and

18
19

Apple's

working on the investigation on or about November 21, 2004.

20 21
22

4.

During the courseof our investigation, Mr. Ortiz and I determinedthat

the trade secretinformation postedon PowerPage(on November 19,22,23, and 26,2004
and on AppleInsider (on November 23, 2004) originatedfrom an electronic presentation

23
24 25

fi1e-or "slide stack"
Slides"). These Confidential Slides were conspicuously marked as "Apple

"Confidential
Need-to-Know

Confidential."

We

also

determined

that

the

Confidential

Slides

included

an

26
27

confidential

Apple

drawing

of

the

product

(the

"Confidential

Drawing")

that

internal,

was

source of images posted on PowerPage and Applelnsider.

These conclusions were based

28

on our observationsof striking similarities between the Confidential Slides and the articles 2
REDACTED DECL OF ROBIN ZONIC ISO APPLE'S OPPOsmON

TO ORDER PROTECTIV

the

began

2 3
4

5 6

7
8

9 10

12 13 14
15 16

17
18

19 20 21
22 23

24
25

26 27 28 17
In the courseof our investigation into theseunauthorizeddisclosures,

ACTED OF DECL
ROBIN

APPLE' OPPOSmON TO PROTE ORDER

8

IONIC

ISO

1 2
3 4 5

~.

Ortiz

~

I

communicated

with

the

primary

author

of

the

Confidential

stated us thathe hadcreated to the
Confidential Slides with administrative assistance from another Apple employee

infonncdus thathe haddistributedtheConfidential
Slides electronically to a group of 2S Apple employeeswho had a need for the

6 7 8 9 10 11 12 13 14
IS had

infonnation,
list of those Apple employees.

~

[PK]

provided

us

with

Slides,

a

also statedthat he had never provided

to anyoneelse the Confidential Slides,the Confidential Drawing, or any of their constituentparts.
18. Mr. Ortiz and I-in some cases jointly, in others separately-

subsequently

contacted

each

of

the

2S

employees

who

had

received

the

Slides
forwarded the Confidential

I. One of those employees, 1111111111111 [KT], stated that he
Slides to another Apple employee who needed

Confidential

-

j
j
stated

[IF].

We

contacted

111111111

[JF],

who

stated

that

he

the

complete

had

sharedthe Confidential Slides or any of their constituentparts with anyone else.

16
17

19.

Each of the other 24 employeeswho had received the Confidential Slides
either to Mr. Ortiz or me that they had never provided to

18 19
20

anyone elsethe ConfidentialSlidesor any of their constituent parts. -

-

however, statedthat he placeda copy of the Confidential Slides on a secureserverat Apple (the "Secure Server").

21
22

20.

I investigated whetheranyunauthorized disclosure couldhaveoriginatea

with the copyof the Confidential Slidesmaintained the Secure on Server.I detemlined
that the infom1ation on the SecureServer was protectedby passwordsand other security
measures.
who had accessed

23
24 2S 26

I also requestedand reviewed all available data regarding the identity of users
that file on the Secure Server. That data indicated that one Apple

employee

had accessed Confidential Slides on the SecureServer; the

27 28

that data did not indicate that any other personhad accessed Confidential Slideson the the SecureServer.

9
REDACTED DECL OF ROBIN ZONIC ISO APPLE'S
OPPOSmON TO PROTECTIVE ORDER

not

22

23

24

27

26

28 9 21 20 7
5

2S

6

15

8

4

2

14

3

19 17 12 13 16 11 10
Confidential disclosures with any Confidential contacted of another their [TO] [TO] every

18
infonnation.
to constituent

1

22.

21.

23.

Slides, Apple

Slides

PowerPage had

unauthorizeddisclosure.
also

indicated that he had verbally discussed some of the contents of the Confidential Slides

[DM] stated he nevershared informationwith anyone, that that insideor outsideApple.

REDACTED
person discussed employee, but that parts. we and have we with Applelnsider As 1111111111111

I

sta~ed

because

that

he

he

subsequently

could

had

had

not

him

an

a

been

exception

never need

detennine

infonnation

able

[TO],

to

provided

discussed

know

[DM],

Mr. Ortiz andI haveexhaustively investigated unauthorized the

10
to received uncover the the Confidential source(s) of Drawing the or the

to

who

that

regarding

its

to

stated

who

above.

statement,

contents.

anyone

had

that

Asteroid.

In

a

the

.

he

need

particular,

With

111111111111

He

Confidential had

stated

to

one

accessed

know

exception,

we

[TO]

the

have

Slides

DECL OF ROBIN ZONIC ISO APPLE'S OPPOSITION PROTECTIVE TO ORDER

the

.

or

28 24
IS

27 23 22 20

2S

26

21
8

9

19 7 17 6 14 4 13 12 2 10 18

16 3

s

11
the foregoing

1n:mm.6
I

- . .
declare statements mv1er are pQ1aJty true aIxi of peljury W-U-~ under the

32.

. .
laws of ~e State of California U18t

,;fi.i'

--

-

-

-

13

-- -

--

-

-

-

--

2 3 4
5

6 7
8

9 10
11

12
13

14
15

16 7
18

19 20 21 22
23 24 2S

26 27
28

1 2 3 4

I,

Al

Ortiz,

Jr.,

declare

and

state

as

1.

am a Senior Investigator in the Corporate Security Department at Apple

Computer,Inc. ("Apple"), the plaintiff in this action. I have been employed continuously
by Apple since April 1998 and have gained significant knowledge of Apple's operations and business during that time. I make this declaration based on my personal knowledge

s
6 7 8 9 10 11 12 13 14
15
Ms.

follows:

the facts statedherein, and, if called as a witness, could and would testify thereto.
APPLE'S EXHAUSnVE INVESTIGATION

HASNOTREVEALED THE
THE TRADE SECRETS

WENTITY

OF

THE

PERSON(S)

2.
website

On

November

19,2004,

I

DISCLOSING

was

alerted

to

the

presence

of

an

article

on

www.powerpage.org

("PowerPage")

detailing

a highly-confidential,

unannounceO

Apple product code-named "Q97" or "Asteroid."

I immediately began investigating the

sourceof this unauthorizeddisclosureof Apple trade secretinformation. Apple's Robin
Zonic was also an active participant in this investigation.

3.

As

detailed

in

the

Declaration

of

Robin

Zonic

("Zonic

Zonic

and

I

determined

that

the

trade

secret

infonnation

posted

on

PowerPage

Decl."),

16 17
18

November

19,22,23,

and 26,2004)

and on Applelnsider

(on November

23,2004)

originated from an electronic presentation file-or

"slide stack"
These Confidential Slides were

"Confidential
conspicuously marked as "Apple Need-to-Know

19 20 21
22 23 24 25

Slides").

Confidential."

We

also

determined

(on

the Confidential Slides included an internal, confidential Apple drawing of the product
(the "Confidential Drawing") that was the source of images posted on PowerPage and

Applelnsider.

4.

As

part

of

our

investigation

of

the

disclosure,

I

communicated

with

Apple employee who had created the Confidential Drawing, stated that he created the Confidential Drawing specifically for the

26
27 28

Confidential Slides, that he had provided the Confidential Drawing only to two Apple [DW]
know based on their involvement in the Asteroid project-and 2 .
both of whom had a need to

that be bad never provided

the

that

the

or

1

the Confidential Drawing to anyoneelse inside or outside Apple.

[SZ] also

2 3 4
5

statedthat he had never incorporatedthe Confidential Drawing into any other document.

s.
; [DW]

I subsequentlycommunicatedwith

who

stated

that

hadneverprovidedthe Confidential Drawingto anyone elseinsideor outsideApple.
further indicated that he had never incorporated the Confidential

6 7 8
9

Drawing into any other document.

6.
to us that he had created

Ms. Zonic and I also communicatedwith
the Confidential Slides with administrative assistance

[PK],

who

stated

another Apple
distributed the Confidential Slides to a

[ill].
group of 25 Apple employees ,

[PK] inforn1ed us that he had
who had a need for

10 11 12 13 14 15
16 17 18

the infom18tion, including
provided us with a complete list of those Apple

[DW],

~K]

also

stated

that

he

had

never

provided

to

anyone

else

the

Confidential

employees.

Slides,

from

Confidential"Drawing, or any of their constituent parts.
7. Ms. Zonic and I-in some cases jointly, in others separatelY'-

subsequentlycontactedeachof the 25 employeeswho had received the Confidential

. One of those
[JF], who stated [JF]. We

[KY],

stated that

Slides

he had forwarded the Confidential Slides to anotherApple employee who neededthe

19 20 21
22

infonnation
8.
from

from

that

he

had

the

sharedthe Confidential Slides or any of its constituentparts with anyone else.
Each of the other 24 employees who had receivedthe Confidential Slides
[PK] stated either to Ms. Zonic or me that they had never provided to

11111111111111

23
24 25 26

anyone else the Confidential

Slides any of their constituentparts. I am infonned and or
statedto Ms. Zonic that he had placed a copy of

believe, however, that

the Confidential Slides on a secureserverat Apple. I am also infonned andbelieve that Ms. Zonic investigatedwhether any unauthorizeddisclosure could have originated with that secureserver.

27
28

9.

As

part

of

our

investigation,

I

also

requested

a

broad

search

of

3

Applets

not

he

I declareunder penalty of perjury under the laws of the Stateof California that

2 3 4 5

the foregoing statements true and correct. are
Executed atCUr~.,."" 0
'Tt\

California,this !.!

~

day of February,2005.

6
7 8
SF1:S77281.4

9
10 11 12

13
14 15 16 17 18 19 20 21 22 23 24 2S
26 27 28

6