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

Filing 157

Declaration of Nicholas A. Brown in Support of 156 Reply Memorandum filed byApple Inc.. (Attachments: # 1 Exhibit A part 1# 2 Exhibit A part 2# 3 Exhibit A part 3# 4 Exhibit A part 4# 5 Exhibit A part 5# 6 Exhibit B part 1# 7 Exhibit B part 2# 8 Exhibit B part 3# 9 Exhibit C# 10 Exhibit D# 11 Exhibit E# 12 Exhibit F# 13 Exhibit G# 14 Exhibit H# 15 Exhibit I# 16 Exhibit J# 17 Exhibit K# 18 Exhibit L# 19 Exhibit M# 20 Exhibit N# 21 Exhibit O)(Related document(s) 156 ) (Brown, Nicholas) (Filed on 9/6/2007) Modified on 9/18/2007 (gba, COURT STAFF).

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

Doc. 157

Case 3:06-cv-00019-MHP

Document 157

Filed 09/06/2007

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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 NICHOLAS A. BROWN IN SUPPORT OF APPLE COMPUTER, INC.'S REPLY IN SUPPORT OF ITS SECOND MOTION FOR SUMMARY JUDGMENT OF INVALIDITY Date: September 18, 2007 Time: 2:00 p.m. Honorable Marilyn Hall Patel Complaint Filed: January 4, 2006 Trial Date: February 26, 2008

BROWN DECL. ISO APPLE'S REPLY TO ITS SECOND MOTION FOR SUMMARY JUDGMENT OF INVALIDITY

Case No. C 06-0019 MHP

Dockets.Justia.com

Case 3:06-cv-00019-MHP

Document 157

Filed 09/06/2007

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I, Nicholas Brown, 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 the transcript of

the February 8, 2007 Claim Construction Hearing. 3. Attached hereto as Exhibit B is a true and correct copy of the transcript of

the deposition of Sheila Hemami, taken September 4, 2007. 4. Attached hereto as Exhibit C is a true and correct copy of Amsterdam,

Jonathan, "Data Compression with Huffman Coding," Byte Magazine, p. 99 (May 1986) (APBU00665410-00665417). 5. Attached hereto as Exhibit D is a true and correct copy of the transcript of

the deposition of Richard Lang, taken July 23, 2003. 6. Attached hereto as Exhibit E is a true and correct copy of Gardner, Eriq,

"First Bill, Now Steve", IP Law & Business, p. 36-45 (April 2006). 7. Attached hereto as Exhibit F is a true and correct copy of U.S. Patent No.

3,786,445, issued to Ho et al. on January 15, 1974. 8. Attached hereto as Exhibit G is a true and correct copy of transcript

excerpts from the deposition of Kane Kramer, taken August 7, 2007. 9. Attached hereto as Exhibit H is a true and correct copy of Advanceme Inc.

v. RapidPay, LLC, 2007 WL 2350644 (E.D. Tex. Aug. 14, 2007). 10. Attached hereto as Exhibit I is a true and correct copy of Asyst Tech. Inc.,

v. Empak, Inc., 2007 WL 2255220 (N.D. Cal. Aug. 3 2007) (designated as not for citation). 11. Attached hereto as Exhibit J is a true and correct copy of Frazier v. Layne

Christensen Co., 2007 WL 1875909 (Fed. Cir. June 29, 2007) (designated as not for citation) 12. Attached hereto as Exhibit K is a true and correct copy of Friskit Inc., v. 2
Case No. C 06-0019 MHP

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

Case 3:06-cv-00019-MHP

Document 157

Filed 09/06/2007

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RealNetworks, Inc., 2007 WL 2156239 (N.D. Cal. July 26, 2007) 13. Attached hereto as Exhibit L is a true and correct copy of In re Icon

Health &Fitness, Inc., 2007 WL 2189161 (Fed. Cir. Aug. 1, 2007) 14. Attached hereto as Exhibit M is a true and correct copy of In re Trans

Texas Holdings Corp., 2007 WL 2377009 (Fed. Cir. Aug. 22, 2007) 15. Attached hereto as Exhibit N is a true and correct copy of Semiconductor

Energy Lab. Co. v. Chi Mei Optoelectronics Corp., 2007 WL 1793770 (N.D. Cal. June 19, 2007) 16. Attached hereto as Exhibit O is a true and correct copy of transcript

excerpts from the deposition of Earl Mincer, taken July 20, 2007. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 6th day of September, 2007, at Redwood Shores, California. /s/ Nicholas Brown Nicholas A. Brown

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

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Case No. C 06-0019 MHP