Elan Microelectronics Corporation v. Apple, Inc.

Filing 108

Declaration of Nathan Greenblatt in Support of Apple's Motion to Shorten Time re ( 107 ) filed by Apple, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Powers, Matthew) (Filed on 6/2/2010) Modified on 6/4/2010 (bw, COURT STAFF).

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Exhibit B From: Sent: To: Cc: Subject: Sean.DeBruine@alston.com Wednesday, June 02, 2010 3:01 PM Mehta, Sonal Elan.Apple.Team@alston.com; Apple Elan WGM Service RE: Dezmelyk declaration Sonal: I enjoyed my holiday weekend; I hope you did yours as well. We disagree with your contentions regarding Mr. Dezmelyk's declaration. Apple was informed of the nature of his opinions and had a full day to explore them with him. That Apple chose to focus on certain areas of inquiry at the expense of others is not a grounds for excluding evidence. We also are not in favor of the motion to shorten time. Apple has had Mr. Dezmelyk's declaration for nearly a month, more than enough time to have raised this on a regularly noticed motion to be heard on or before June 23. With that said, since I am sure the court would like to consider this before the Markman hearing, we are willing to discuss a briefing schedule. I am afraid that June 11 is not a convenient date for Elan's response. I would therefore propose that Elan's opposition be filed on June 14 with any Reply on June 16 or 17. Please let me know if that schedule suits Apple. Best regards, Sean Original Message From: Mehta, Sonal [mailto:Sonal.Mehta@weil.com] Sent: Tuesday, June 01, 2010 7:46 PM To: DeBruine, Sean Cc: Elan Apple Team; Apple Elan WGM Service Subject: Dezmelyk declaration Sean: I hope you had a nice Memorial Day weekend. I am writing now regarding the Declaration of Robert Dezmelyk that Elan filed with its Opening Claim Construction Brief. Apple has reviewed the declaration, and believes that it improperly adds new opinions and additional analysis after the close of claim construction discovery, in violation of the Patent Local Rules. In particular, the opinions in Paragraphs 2634 of the declaration were not disclosed pursuant to Patent Local Rule 43 and were not available to Apple prior to Mr. Dezmelyk's deposition. As such, Apple requests that Elan withdraw those paragraphs of Mr. Dezmelyk's May 7 declaration. Barring that, Apple intends to file a motion to strike those portions of Mr. Dezmelyk's declaration tomorrow. In addition, Apple plans to ask the Court to hear the motion to strike on a shortened briefing schedule, so that the motion can be heard on June 21st, along with the claim construction tutorial. Under Apple's proposed schedule, Elan's opposition brief, if any, will be due on June 11, and Apple's reply, if any, will be due on June 15. Please let me know by 4pm tomorrow (1) whether Elan consents to withdraw Paragraphs 2634 of Mr. Dezmelyk's May 7 declaration; and (2) if Elan does not consent, whether Elan will oppose 1 Apple's proposed shortened briefing schedule. We are also available to discuss at any time tomorrow. Best, Sonal The information contained in this email message is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by email (postmaster@weil.com), and destroy the original message. Thank you. ******************************************************* IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS and other taxing authorities, we inform you that any tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties that may be imposed on any taxpayer or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. ______________________________________________________ NOTICE: This email message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (4048817000) or by electronic mail (postmaster@alston.com), and delete this message and all copies and backups thereof. Thank you. 2

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