Emblaze Ltd. v. Apple Inc.

Filing 76

Declaration of Lisa A. Ferrari in Support of 75 Motion for Leave to Amend Complaint, filed by Emblaze Ltd.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Related document(s) 75 ) (Ferrari, Lisa) (Filed on 12/15/2011) Modified on 12/16/2011 (jlm, COURT STAFF).

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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EMBLAZE LTD.,

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Plaintiff,
v.

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Defendant.

DECLARATION OF LISA A. FERRARI IN
SUPPORT OF PLAINTIFF EMBLAZE
LTD.’S UNOPPOSED MOTION TO AMEND
PLEADINGS

APPLE INC., a California Corporation,

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CASE NO. 4:11-cv-01079-SBA

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HEARING DATE AND TIME:
April 10, 2012, at 1:00 p.m.
The Hon. Saundra Brown Armstrong

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1. I, Lisa A. Ferrari, Esq., am a member of the law firm of Cozen O’Connor, counsel for Plaintiff
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Emblaze Ltd. (“Emblaze”), and I make this Declaration in support of Emblaze’s motion to
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amend the pleadings so as to file and serve a First Amended Complaint. On June 1, 2011, this
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Court granted a motion permitting me to appear pro hac vice in the above-captioned matter
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[D.E. 54]. I am familiar with the proceedings in this case and I make this statement based on
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my personal knowledge of the facts set forth herein.
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2. Emblaze filed a Complaint on July 28, 2010, in the Southern District of New York, alleging
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infringement by Defendant Apple Inc. (“Apple”) of claims 9-12, 18-19, and 23 of Emblaze’s
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U.S. Patent No. 6,389,473 (“the ‘473 Patent”) [D.E. 1].
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3. Apple filed Defendant Apple Inc.’s Original Answer, Affirmative Defenses, and Counterclaims
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to Plaintiff’s Original Complaint on September 10, 2010 [D.E. 7], and Emblaze filed a Reply to
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Counterclaims on October 1, 2010 [D.E. 11].
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4. On February 24, 2011, Judge P. Kevin Castel of the Southern District of New York issued a
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Memorandum and Order transferring this action to the Northern District of California [D.E.
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5. This Court issued an Order Concerning September 15, 2011 Case Management Conference
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(“Scheduling Order”) on September 21, 2011 [D.E. 68]. The Scheduling Order set a Markman
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schedule for claim construction proceedings, but did not set dates for the termination of fact
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DECLARATION OF LISA A. FERRARI IN
SUPPORT OF PLAINTIFF EMBLAZE LTD.’S
UNOPPOSED MOTION TO AMEND
PLEADINGS

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Case No. 4:11-CV-01079 SBA

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discovery, or for expert discovery unrelated to claim construction. The Order set December

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15, 2011, as the deadline by which the parties must seek to amend the pleadings or join parties.

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6. On October 21, 2011, Plaintiff Emblaze served its Patent Disclosures asserting Apple’s

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infringement of claims 1-2, 8-14, 21, 23-29, 36-38, and 40-41 of the ‘473 Patent. Apple served

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its Invalidity Contentions on December 6, 2011.

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7. Emblaze moves for leave to serve and file a First Amended Complaint for Patent Infringement

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so as to (1) amend the list of claims of the ‘473 Patent that are asserted by Emblaze so as to

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conform the allegations to which Emblaze has asserted in its recently filed Infringement

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Contentions; (2) amends the products that Emblaze is accusing of infringement so as to

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conform the allegations of the Complaint to what Emblaze has learned in its ongoing

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investigation and from discovery thus far; (3) removes certain allegations concerning Apple’s

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presence in the Southern District of New York (no longer relevant now that the action has been

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transferred to the Northern District of California); (4) updates the firm affiliation of counsel for

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Emblaze and the change of the presiding court from the Southern District of New York to the

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Northern District of California; and (4) makes other minor edits to the text.

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8. Under the Scheduling Order, the deadline to amend pleadings is December 15, 2011 [D.E. 68].

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9. Attached hereto as Exhibit A is a true and correct copy of a red-lined version of Plaintiff

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Emblaze’s [Proposed] First Amended Complaint For Patent Infringement.

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10. Attached hereto as Exhibit B is a true and correct copy of a non-red-lined version of Plaintiff

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Emblaze’s [Proposed] First Amended Complaint For Patent Infringement, with a copy of the

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‘473 Patent attached thereto.

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11. Attached hereto as Exhibit C is a true and correct copy of the Scheduling Order entered by the
Court on September 21, 2011 [D.E. 68].

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/s/ Lisa A. Ferrari
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Lisa A. Ferrari

Dated: December 15, 2011
New York, New York

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DECLARATION OF LISA A. FERRARI IN
SUPPORT OF PLAINTIFF EMBLAZE LTD.’S
UNOPPOSED MOTION TO AMEND
PLEADINGS

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Case No. 4:11-CV-01079 SBA