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

Filing 74

Declaration of Nicholas Brown filed byApple Computer Inc.. (Attachments: # 1 Exhibit Exhibit A Part 1# 2 Exhibit Exhibit A Part 2# 3 Exhibit Exhibit A Part 3# 4 Exhibit Exhibit A Part 4# 5 Exhibit Exhibit B Part 1# 6 Exhibit Exhibit B Part# 7 Exhibit Exhibit B Part 3# 8 Exhibit Exhibit B Part 4)(Brown, Nicholas) (Filed on 12/9/2006)

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

Doc. 74

Case 3:06-cv-00019-MHP

Document 74

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MATTHEW D. POWERS (Bar No. 104795) [e-mail] GARLAND 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 PLAINTIFF APPLE COMPUTER, INC.'S CLAIM CONSTRUCTION BRIEF Hon. Marilyn Hall Patel Complaint Filed: January 4, 2006 Trial Date: February 26, 2008

DECLARATION OF NICHOLAS BROWN ISO APPLE'S CLAIM CONSTRUCTION BRIEF

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Dockets.Justia.com

Case 3:06-cv-00019-MHP

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I, Nicholas A. 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 APBU 1-125

[application history for U.S. Patent No. 4,963,995 (Lang), filed December 27, 1988]. 3. Attached hereto as Exhibit B is a true and correct copy of Burst's

Preliminary Infringement Contentions, filed on May 22, 2006. 4. Attached hereto as Exhibit C is a true and correct copy of the deposition

transcript of Shelia Hemami, taken on November 14, 2006. 5. Attached hereto as Exhibit D is a true and correct copy of APBU 414882-

414945 [excerpts from DATA COMMUNICATIONS PRINCIPLES 607-669 (R. Gitlin, J. Hayes and S. Weinstein eds., Plenum Press 1992)]. 6. Attached hereto as Exhibit E is a true and correct copy of excerpts from
FOR

Robert F. Graf & William Sheets, VIDEO SCRAMBLING & DESCRAMBLING CABLE TV 103 (2nd ed. 1998). 7.

SATELLITE &

Attached hereto as Exhibit F is a true and correct copy of excerpts from

Edward A. Lee & David G. Messerschmitt, DIGITAL COMMUNICATION 598 (1988). 8. Attached hereto as Exhibit G is a true and correct copy of excerpts from

Bernard Sklar, DIGITAL COMMUNICATIONS: FUNDAMENTALS AND APPLICATIONS 519-523 (1988). 9. Attached hereto as Exhibit H is a true and correct copy of APBU 414957-

414959 [excerpt from the MODERN DICTIONARY OF ELECTRONICS (6th Ed.) (definition of "burst transmission")]. 10. Attached hereto as Exhibit I is a true and correct copy of APBU 807-813

[U.S. Patent No. 4,467,473 (Arnon), issued August 21, 1984]. 11. Attached hereto as Exhibit J is a true and correct copy of APBU 10712
Case No. C 06-0019 MHP

DECLARATION OF NICHOLAS BROWN ISO APPLE'S CLAIM CONSTRUCTION BRIEF

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1078 [U.S. Patent No. 4,521,806 (Abraham), issued June 4, 1985]. 12. Attached hereto as Exhibit K is a true and correct copy of APBU 763-769

[U.S. Patent No. 4,300,161 (Haskell), issued November 10, 1981]. 13. Attached hereto as Exhibit L is a true and correct copy of APBU 391-688

[application history for U.S. Patent No. 5,995,705 (Lang), filed July 18, 1997]. 14. Attached hereto as Exhibit M is a true and correct copy of APBU 1613-

1628 [U.S. Patent No. 4,974,178 (Izeki), issued November 27, 1990]. 15. Attached hereto as Exhibit N is a true and correct copy of APBU 159385-

159393 [Chen et al., "Scene Adaptive Coder," IEEE Transactions on Communications, COM32(3): 225-232 (1984)]. 16. Attached hereto as Exhibit O is a true and correct copy of APBU 126-269

[application history for U.S. Patent No. 5,057,932 (Lang), filed May 5, 1989]. 17. Attached hereto as Exhibit P is a true and correct copy of APBU 4915-

4946 [U.S. Patent No. 4,179,709 (Workman), issued December 18, 1979]. 18. Attached hereto as Exhibit Q is a true and correct copy of APBU 832-1070

[U.S. Patent No. 4,516,156 (Fabris), issued May 7, 1985]. 19. Attached hereto as Exhibit R is a true and correct copy of APBU 415188-

415233 [excerpts from the application history for European Patent No. 0,407,561 (Lang), filed on December 27, 1989 (International Publication Pamphlet, dated July 12, 1990)]. 20. Attached hereto as Exhibit S is a true and correct copy of APBU 415270-

415288 [excerpts from the application history for European Patent No. 0,407,561 (Lang), filed on December 27, 1989 (Communication to EPO regarding claims, dated September 12, 1990)]. 21. Attached hereto as Exhibit T is a true and correct copy of APBU 415340-

415352 [excerpts from the application history for European Patent No. 0,407,561 (Lang), filed on December 27, 1989 (EPO communication, dated April 22, 1994)]. 22. Attached hereto as Exhibit U is a true and correct copy of APBU 415364-

415391 [excerpts from the application history for European Patent No. 0,407,561 (Lang), filed on December 27, 1989 (Response to EPO communication, dated May 5, 1995)].
DECLARATION OF NICHOLAS BROWN ISO APPLE'S CLAIM CONSTRUCTION BRIEF

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23.

Attached hereto as Exhibit V is a true and correct copy of APBU 415420-

415423 [excerpts from the application history for European Patent No. 0,407,561 (Lang), filed on December 27, 1989 (EPO communication, dated June 30, 1995)]. 24. Attached hereto as Exhibit W is a true and correct copy of APBU 415429-

415471 [excerpts from the application history for European Patent No. 0,407,561 (Lang), filed on December 27, 1989 (Response to EPO communication, dated February 9, 1996)]. 25. Attached hereto as Exhibit X is a true and correct copy of APBU 16623-

16665 [European Patent No. 0,407,561 (Lang), issued on December 2, 1998]. 26. Attached hereto as Exhibit Y is a true and correct copy of APBU 17492-

17505 [U.S. Patent No. 5,440,334 (Walters et al.), issued on August 8, 1995]. 27. Attached hereto as Exhibit Z is a true and correct copy of Judge Motz'

Claim Construction Order in Burst.com v. Microsoft Corp., Civil No. JFM-02-2952, dated March 12, 2004. 28. Attached hereto as Exhibit AA is a true and correct copy of APBU 270-

390 [application history for U.S. Patent No. 5,164,839 (Lang), filed on October 11, 1991]. 29. Attached hereto as Exhibit BB is a true and correct copy of APBU

191344-191347 [excerpts from Robert C. Faber, LANDIS ON THE MECHANICS OF PATENT CLAIM DRAFTING App. D-14 (5th ed.)]. 30. Attached hereto as Exhibit CC is a true and correct copy of U.S. Patent

No. 4,963,995 (Lang), filed December 27, 1988 with highlighting. 31. Attached hereto as Exhibit DD is a true and correct copy of U.S. Patent

No. 5,057,932 (Lang), filed May 5, 1989 with highlighting. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 8th day of December 2006 at Redwood Shores, California.

DECLARATION OF NICHOLAS BROWN ISO APPLE'S CLAIM CONSTRUCTION BRIEF

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DECLARATION OF NICHOLAS BROWN ISO APPLE'S CLAIM CONSTRUCTION BRIEF

WEIL, GOTSHAL & MANGES LLP By: /s/ Nicholas A. Brown Nicholas A. Brown

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Case No. C 06-0019 MHP