Hovsepian v. Apple, Inc.

Filing 80

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Hovsepian v. Apple, Inc. Doc. 80 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 KEKER & VAN NEST, LLP DARALYN J. DURIE - #169825 DAVID J. SILBERT - #173128 DANIEL E. JACKSON - #216091 MATTHIAS A. KAMBER - #232147 710 Sansome Street San Francisco, CA 94111-1704 Telephone: (415) 391-5400 Facsimile: (415) 397-7188 ddurie@kvn.com dsilbert@kvn.com djackson@kvn.com mkamber@kvn.com Attorneys for Defendant COMCAST CABLE COMMUNICATIONS LLC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION In re ACACIA MEDIA TECHNOLOGIES CORPORATION Case No. C-05-01114 JW DECLARATION OF DAVID J. SILBERT Date: Time: Courtroom: Judge: September 8-9, 2005 9:00 a.m. 8, 4th Floor Honorable James Ware 357452.01 SILBERT DECLARATION CASE NO. C-05-01114 JW Dockets.Justia.com 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, David J. Silbert, declare that the following is true: 1. I am an attorney licensed to practice in the State of California and before this Court. I am a partner in the law firm of Keker & Van Nest, LLP, counsel for defendant Comcast Cable Communications, LLC in these coordinated actions. I make this declaration of my own personal knowledge, and if called to do so, I would testify to these facts under oath. 2. Attached hereto as Exhibit 1 is a true and correct copy of excerpts from the prosecution history of U.S. Patent No. 6,144,702 (the `702 patent). The excerpts consist of the Office Action dated June 22, 1999, and the applicants' Reply and Amendment dated August 6, 1999. 3. Attached hereto as Exhibit 2 is a true and correct copy of U.S. Patent No. 5,130,792, issued to Tindell et al. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed on August 25, 2005 in San Francisco, California. /s/ DAVID J. SILBERT 1 357452.01 SILBERT DECLARATION CASE NO. C-05-01114 JW

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