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

Filing 120

Declaration of Nicholas A. Brown in Support of 119 MOTION to Strike the Declarations of Drs. Hemami and Gersho filed byApple Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Related document(s) 119 ) (Brown, Nicholas) (Filed on 7/3/2007)

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

Doc. 120 Att. 3

Case 3:06-cv-00019-MHP

Document 120-4

Filed 07/03/2007

Page 1 of 3

Exhibit C

Dockets.Justia.com

Case 3:06-cv-00019-MHP

Document 120-4

Filed 07/03/2007

Page 2 of 3

Ian Crosby <icrosby @ susmangodfrey . c om > 06-16-07 12:54 PM History:

To <[e-mail] > cc bcc Subject Re: Burst: Request for Expert Depositions

This message has been forwarded.

Nick, our position is unchanged. We will oppose. Regards, -Ian B. Crosby SUSMAN GODFREY LLP [e-mail] 1201 Third Avenue Suite 3800 Seattle, Washington 98101 206-516-3861 (tel)/206-516-3883 (fax) This confidential message may be subject to the attorney-client privilege or protected by the attorney work-product doctrine. If you have received this message in error, please delete it and notify me.

On 6/15/07 5:26 PM, "[e-mail]" <[e-mail]> wrote: Ian We disagree with your refusal to provide your experts for brief depositions on the subject of their declarations. The Court has set a hearing date that leaves ample time to complete depositions. Accordingly, we will move to strike the declarations of both experts unless you agree to provide the depositions. Sincerely, Nick Brown

Case 3:06-cv-00019-MHP

Document 120-4

Filed 07/03/2007

Page 3 of 3

"Ian B. Crosby" <[e-mail]> 06-11-07 10:41 AM To <[e-mail]> cc Subject Burst: Request for Expert Depositions

Nick, neither of our experts are available for deposition on such short notice , and you will need to move in any event if you would like to take them prior to expert reports as we will oppose presenting either of them more than once in this case . Not trying to be difficult , but we view the timing of your motion and the decision not to submit your own supporting expert declarations as Apple's strategic choices , and don't agree to alter the ordinary sequence of discovery to accommodate . Regards , --Ian Crosby

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