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

Filing 89

Declaration in Support of 88 MOTION for Summary Judgment OF NONINFRINGEMENT OF THE "STORED TIME COMPRESSED REPRESENTATION" LIMITATION filed byApple Computer Inc.. (Attachments: # 1 Exhibit 4# 2 Exhibit 5# 3 Exhibit 6 Part 1# 4 Exhibit 6 Part 2# 5 Exhibit 6 Part 3# 6 Exhibit 6 Part 4# 7 Exhibit Part 5)(Related document(s) 88 ) (Brown, Nicholas) (Filed on 1/4/2007)

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

Doc. 89

Case 3:06-cv-00019-MHP

Document 89

Filed 01/04/2007

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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 PAUL T. EHRLICH IN SUPPORT OF APPLE COMPUTER, INC.'S MOTION FOR SUMMARY JUDGMENT OF NONINFRINGEMENT OF THE "STORED TIME COMPRESSED REPRESENTATION" LIMITATION Date: February 8, 2007 Time: 9:00 a.m. Hon. Marilyn Hall Patel Complaint Filed: January 4, 2006 Trial Date: February 26, 2008

EHRLICH DECL. ISO APPLE'S MSJ OF NONINF. RE: "STORED TIME COMPRESSED REPRESENTATION" LIMITATION

Case No. C 06-0019 MHP

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Dockets.Justia.com

Case 3:06-cv-00019-MHP

Document 89

Filed 01/04/2007

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I, Paul T. Ehrlich, 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 4 are true and correct copies of screenshots

from the iTunes Help feature. 3. Attached hereto as Exhibit 5 are true and correct copies of screenshots

from the website located at http://www.apple.com. 4. Attached hereto as Exhibit 6 is a true and correct copy of standards

showing AAC and MP3 file formats. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 4th day of January 2007, at Redwood Shores, California. /s/ _________________ Paul T. Ehrlich

EHRLICH DECL. ISO APPLE'S MSJ OF NONINF. RE: "STORED TIME COMPRESSED REPRESENTATION" LIMITATION

Case No. C 06-0019 MHP

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