Apple Inc. v. Psystar Corporation

Filing 188

Reply to Opposition re 178 MOTION to Seal Portions of Apple Inc.'s Motion For Summary Judgment, Portions of Lynde Declaration, Kelly Declaration and Certain Exhibits to Chung Declaration filed byApple Inc.. (Attachments: # 1 Affidavit Reply Declaration of J. Jeb B. Oblak in Support of Apple Inc.'s Motion to Seal Portions of its Motion for Summary Judgment on Copyright Infringment, DMCA Violations and Psystar's Affirmative Defenses, # 2 Exhibit A-E)(Boroumand Smith, Mehrnaz) (Filed on 10/14/2009)

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K.A.D. CAMARA (TX Bar No. 24062646/ MA Bar No. 661087 ­ Admitted Pro Hac Vice) [e-mail] KENT RADFORD (TX Bar No. 24027640 ­ Admitted Pro Hac Vice) [e-mail] CAMARA & SIBLEY LLP 2339 University Boulevard Houston, Texas 77005 Telephone: [phone] Facsimile: [phone] EUGENE ACTION (SBN 223023) [e-mail] 1780 E. Barstow Ave., #5 Fresno, California 93710 Telephone: [phone] Facsimile: [phone]

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION APPLE INC., a California corporation, Plaintiff, v. PSYSTAR CORPORATION, Defendants. AND RELATED COUNTERCLAIMS CASE NO. CV-08-03251-WHA DECLARATION OF KENT RADFORD IN SUPPORT OF PSYSTAR CORPORATION'S MOTION FOR SUMMARY JUDGMENT

DECLARATION OF KENT RADFORD

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I, Kent Radford, declare as follows: 1. I am an attorney licensed to practice law in the State of Texas and am admitted to

practice before this Court pro hac vice. I am associated with the law firm of Camara & Sibley LLP and am one of the attorneys representing Defendant and Counterclaimant Psystar Corporation in the above-captioned matter. I make this declaration on individual knowledge and, if called as a witness, can and will competently testify with respect to the matters stated herein. 2. Attached to the motion for summary judgment filed by Psystar Corporation are true

and correct copies of exhibits as follows: Ex. A Ex. B Ex. C Ex. D Ex. E Ex. F Ex. G Ex. H Ex. I Pedraza Ex. J Mansfield Deposition Excerpts Leopard EULA Snow Leopard EULA Schiller Deposition Excerpts Email From Steve Zellers Van Vechten Deposition Excerpts Culbert Deposition Excerpts Patience Deposition Excerpts Wright Deposition Excerpts Code and Screenshot Showing Retrieval of Haiku and Declaration of Rudy

Executed on October 8, 2009, at Houston, Texas.

/s/ Kent Radford Kent Radford

DECLARATION OF KENT RADFORD CV 08-03251 WHA

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CERTIFICATE OF SERVICE I, Michael Wilson, declare I am employed in the City of Houston and County of Harris, Texas in the office of Camara & Sibley. I am over the age of eighteen and not a party to this action. My business address is Camara & Sibley, 2339 University Boulevard, Houston, Texas 77005. I served the following document(s): DECLARATION OF KENT RADFORD IN SUPPORT OF PSYSTAR CORPORATION'S MOTION FOR SUMMARY JUDGMENT Case No. CV 08-03251 WHA on the interested parties in this action by placing a true and correct copy thereof, on the above date, enclosed in a sealed envelope, following the ordinary business practice of Camara & Sibley LLP. I sent the document(s) to the following: James G. Gilliland, Jr. TOWNSEND AND TOWNSEND AND CREW LLP Two Embarcadero Center, 8th Floor San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] email: [e-mail]

[By First Class Mail] I am readily familiar with my employer's practice for collecting and processing documents for mailing with the United States Postal Service. On the date listed herein, following ordinary business practice, I served the within document(s) at my place of business, by placing a true copy thereof, enclosed in a sealed envelope, with postage thereon fully prepaid, for collection and mailing with the United States Postal Service where it would be deposited with the United States Postal Service that same day in the ordinary course of business. [By Overnight Courier] I caused each envelope to be delivered by a commercial carrier service for overnight delivery to the offices of the addressee(s). [By Hand] I directed each envelope to the party(ies) so designated on the service list to be delivered by courier this date. [By Facsimile Transmission] I caused said document to be sent by facsimile transmission to the fax number indicated for the party(ies) listed above. [By Electronic Transmission] I caused said document to be sent by electronic transmission to the e-mail address indicated for the party(ies) listed above via the court's ECF notification system. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct, and that this declaration was executed on October 8, 2009 at Houston, Texas. /s/ Michael Wilson Michael Wilson

DECLARATION OF KENT RADFORD CV 08-03251 WHA

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