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

Filing 93

Declaration of Nicholas A. Brown in Support of 92 MOTION for Summary Judgment OF INVALIDITY BASED ON KRAMER AND AT&T PATENTS filed byApple Computer Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7)(Related document(s) 92 ) (Brown, Nicholas) (Filed on 1/4/2007)

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

Doc. 93

Case 3:06-cv-00019-MHP

Document 93

Filed 01/04/2007

Page 1 of 3

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 NICHOLAS A. BROWN IN SUPPORT OF APPLE COMPUTER, INC.'S MOTION FOR SUMMARY JUDGMENT OF INVALIDITY Date: February 8, 2007 Time: 9:00 a.m. Hon. Marilyn Hall Patel Complaint Filed: January 4, 2006 Trial Date: February 26, 2008

BROWN 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 93

Filed 01/04/2007

Page 2 of 3

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, 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 1 is a true and correct copy of Defendant

Burst.com's Objections and Responses to Plaintiff Apple Computer, Inc.'s First Set of Interrogatories [Nos. 1-8], dated July 17, 2006. 3. Attached hereto as Exhibit 2 is a true and correct copy of U.S. Patent No.

4,667,088 issued to Kramer et al. on May 19, 1987. 4. Attached hereto as Exhibit 3 is a true and correct copy of U.S. Patent No.

4,790,003 issued to Kepley et al. on December 6, 1988. 5. Attached hereto as Exhibit 4 is a true and correct copy of the Joint Claim

Construction and Prehearing Statement, dated October 3, 2006. 6. Attached hereto as Exhibit 5 is a true and correct copy of D. Huffman, "A

Method for the Construction of Minimum-Redundancy Codes," Proceedings of the I.R.E., Vol. 40, pp. 1098-1101 (Sep. 1952). 7. Attached hereto as Exhibit 6 is a true and correct copy of J. Ziv and A.

Lempel, "A Universal Algorithm for Sequential Data Compression," IEEE Transactions on Information Theory, Vol. IT-23, No. 3, pp. 337-343 (May 1977). 8. Attached hereto as Exhibit 7 is a true and correct copy of R. Metcalfe and

D. Boggs, "Ethernet: Distributed Packet Switching for Local Computer Networks," Communications of the ACM, Vol. 19, No. 7, pp. 395-404 (Jul. 1976).

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

Case No. C 06-0019 MHP

1

Case 3:06-cv-00019-MHP

Document 93

Filed 01/04/2007

Page 3 of 3

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 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/ Nicholas A. Brown Nicholas A. Brown

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

Case No. C 06-0019 MHP

2