Apple Inc. v. Psystar Corporation

Filing 193

MOTION Motion to Seal filed by Psystar Corporation. (Attachments: # 1 Proposed Order)(Camara, Kiwi) (Filed on 10/22/2009)

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TOWNSEND AND TOWNSEND AND CREW LLP JAMES G. GILLILAND, JR. (State Bar No. 107988) MEHRNAZ BOROUMAND SMITH (State Bar No. 197271) MEGAN M. CHUNG (State Bar No. 232044) J. JEB B. OBLAK (State Bar No. 241384) Two Embarcadero Center Eighth Floor San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Email: [e-mail] Email: [e-mail] Email: [e-mail] O'MELVENY & MYERS LLP GEORGE RILEY (State Bar No. 118304) Two Embarcadero Center, 28th Floor San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Plaintiff and Counterdefendant APPLE INC. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

APPLE INC., Plaintiff, v. PSYSTAR CORPORATION, a Florida corporation, Defendant. AND RELATED COUNTERCLAIMS.

Case No. 08-3251 WHA DECLARATION OF JOHN P. J. KELLY IN OPPOSITION TO PSYSTAR CORPORATION'S MOTION FOR SUMMARY JUDGMENT Hearing Date: Hearing Time: Courtroom: Judge: Trial Date: November 12, 2009 2:00 p.m. 9 Hon. William Alsup January 11, 2010

PUBLIC VERSION [REDACTED]

DECL. OF JOHN P. J. KELLY IN OPPOSITION TO PSYSTAR CORPORATION'S MOTION FOR SUMMARY JUDGMENT, CASE NO. 08-3251 WHA

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I, JOHN P. J. KELLY, declare as follows: 1. I make this declaration on personal knowledge and if called as a witness, could and

would competently testify with respect to the matters stated herein. I am the principal of Kelly Computing Incorporated in Santa Barbara, California. I have been retained by the law firm of Townsend and Townsend and Crew LLP on behalf of Apple Inc. ("Apple") to provide testimony and expert opinion in the above-captioned matter. I have submitted an expert report in this matter as well as a declaration in support of Apple's Motion for Summary Judgment. My background and credentials are set forth in my declaration, submitted to the Court on October 8, 2009.

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and corrected. Executed this 21st day of October, 2009 at Santa Barbara, California.

John P.J. Kelly, Ph.D.

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DECL. OF JOHN P. J. KELLY IN OPPOSITION TO PSYSTAR CORPORATION'S MOTION FOR SUMMARY JUDGMENT, CASE NO. 08-3251 WHA

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CERTIFICATE OF SERVICE CASE NO. 08-3251 WHA 62277294 v1

CERTIFICATE OF SERVICE I, Diane G. Sunnen, declare I am employed in the City and County of San Francisco, California in the office of a member of the bar of this court at whose direction this service was made. I am over the age of eighteen and not a party to this action. My business address is Townsend and Townsend and Crew LLP, Two Embarcadero Center, Eighth Floor, San Francisco, California, 94111. I served the following documents exactly entitled: DECLARATION OF JOHN P. J. KELLY IN OPPOSITION TO PSYSTAR CORPORATION'S MOTION FOR SUMMARY JUDGMENT on the interested parties in this action following the ordinary business practice of Townsend and Townsend and Crew LLP, as follows: K.A.D. Camara Kent Radford Camara & Sibley LLP 2339 University Boulevard Houston, TX 77005 Phone: [phone] Fax: [phone] Email: [e-mail] Eugene Action 1780 E. Barstow Avenue, #5 Fresno, CA 93710 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 22, 2009, at San Francisco, California. /s/Diane G. Sunnen Diane G. Sunnen