Apple Computer Inc. v. Burst.com, Inc.

Filing 116

Declaration of Leeron Kalay in Support of 115 Reply Memorandum In Support of Motion for Summary Judgment of Invalidity filed byApple Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Related document(s) 115 ) (Brown, Nicholas) (Filed on 6/21/2007)

Apple Computer Inc. v. Burst.com, Inc.

Doc. 116

Case 3:06-cv-00019-MHP

Document 116

Filed 06/21/2007

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

MATTHEW D. POWERS (Bar No. 104795) [e-mail] GARLAND T. STEPHENS (admitted N.D.C.A., Texas Bar No. 24053910) [e-mail] NICHOLAS A. BROWN (Bar No. 198210) [e-mail] WEIL, GOTSHAL & MANGES LLP Silicon Valley Office 201 Redwood Shores Parkway Redwood Shores, CA 94065 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff APPLE COMPUTER, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

APPLE COMPUTER, INC., Plaintiff, v. BURST.COM, INC., Defendant.

Case No. C 06-0019 MHP DECLARATION OF LEERON KALAY IN SUPPORT OF APPLE COMPUTER, INC.'S MOTION FOR SUMMARY JUDGMENT OF INVALIDITY Date: July 19, 2007 Time: 2:30 pm Hon. Marilyn Hall Patel Complaint Filed: January 4, 2006 Trial Date: February 26, 2008

KALAY DECL. ISO APPLE'S MOTION FOR SUMMARY JUDGMENT OF INVALIDITY

Case No. C 06-0019 MHP

Dockets.Justia.com

Case 3:06-cv-00019-MHP

Document 116

Filed 06/21/2007

Page 2 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

I, Leeron Kalay, declare: 1. I am a member of the Bar of this Court and an attorney with the law firm of

Weil, Gotshal & Manges LLP, counsel of record for Apple Computer, Inc. in the above-captioned matter. I submit this declaration based on personal knowledge and following a reasonable

investigation. If called upon as a witness, I could competently testify to the truth of each statement herein. 2. Attached hereto as Exhibit A is a true and correct copy of slide number 54

from Burst's Claim Construction Tutorial presentation, dated February 1, 2007. 3. Attached hereto as Exhibit B is a true and correct copy of excerpts from

the transcript of the Claim Construction Tutorial, dated February 1, 2007. 4. Attached hereto as Exhibit C is a true and correct copy of excerpts from

John Bellamy, Digital Telephony (John Wiley & Sons 1991) (1990). 5. Attached hereto as Exhibit D is a true and correct copy of an excerpt from

N.S. Jayant & Peter Noll, Digital Coding of Waveforms: Principles and Applications to Speech and Video (Prentice-Hall 1984). 6. Attached hereto as Exhibit E is a true and correct copy of Ronne,

"Transmission Facilities for General Purpose Wideband Services on Analog Carrier Systems, IEEE Transactions on Communication Technology," Vol. Com-14, No. 5, pp. 655-659 (October 1966). 7. Attached hereto as Exhibit F is a true and correct copy of U.S. Patent No.

4,974,178, issued to Izeki, et al., November 27, 1990.

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 21st day of June 2007, at Redwood Shores, California. /s/ Leeron Kalay Leeron Kalay

KALAY DECL. ISO APPLE'S MOTION FOR SUMMARY JUDGMENT OF INVALIDITY

Case No. C 06-0019 MHP

1