Elan Microelectronics Corporation v. Apple, Inc.

Filing 111

Supplemental Declaration of Sean P. DeBruine in Support of Elan Microelectronics Corporation's Opposition to Apple Inc.'s Opening Claim Construction Brief re 109 filed by Elan Microelectronics Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G) (DeBruine, Sean) (Filed on 6/3/2010) Modified on 6/4/2010 (bw, COURT STAFF).

EXHIBIT A

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DeBruine, Sean
From: Sent: To: Cc: Mehta, Sonal [[e-mail]] Wednesday, March 31, 2010 9:47 AM Elan Apple Team Apple Elan WGM Service

Subject: JCCS

Sean, In reviewing the Joint Claim Construction Statement in preparation of our claim construction briefing, we discovered an inadvertent error in the parties' recitation of one of the claim constructions from the Synaptics litigation. Specifically, both parties' constructions for "identify a minima following the first maxima" list the prior construction as "identify the lowest value in the finger profile that occurs after the first peak value," with the dispute centering on Apple's proposed refinement to the prior construction to add "taken on said axis." However, both parties' constructions omit the latter part of construction from Synaptics: "and before another peak value is identified." The truncation appears to have crept in as a result of an administrative error during the parties' exchange of PLR 4-1 and 4-2 statements. To avoid any confusion going forward, Apple intends to file a corrected Joint Claim Construction Statement to accurately reflect the prior construction. Please confirm that Elan will not oppose our request to file that document and let us know if you would like to also correct this error in Elan's proposed construction for this limitation. Also, while we are in the process of correcting the Joint Claim Construction Statement, we also plan to correct Apple's proposed construction for "logical device units" as set forth in my email of February 20 (copied below). Again, please confirm that Elan will not oppose our request to correct the Joint Claim Construction Statement on this basis. Regards, Sonal N. Mehta Weil Gotshal & Manges 201 Redwood Shores Pkwy Redwood Shores, CA 94065 t: [phone] f: [phone] [e-mail]

From: Mehta, Sonal Sent: Saturday, February 20, 2010 6:14 PM To: Elan Apple Team Cc: Apple Elan WGM Service Subject: logical device units

Sean, In finalizing our expert submission on claim construction, we noticed an inadvertent error in Apple's construction of the term "new values associated with logical device units" in Exhibit B to the Joint Claim Construction Statement.

6/2/2010

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Specifically, Exhibit B correctly identified Apple's construction of "one or more logical device units" as "one or more actuation zones representing one or more areas of the track pad encompassing native sensor coordinates," which we adopted to narrow the dispute following the parties' meet and confer. Unfortunately, that evolution of our claim construction was not reflected in the entry for "new values associated with logical device units." Although we expect this was self-evident to Elan, we wanted to clarify that Apple's ultimate construction of logical device units as reflected in "one or more logical device units" should apply equally to "new values associated with logical device units" such that the term is construed to mean "new values associated actuation zones representing one or more areas of the track pad encompassing native sensor coordinates." Please let us know if you have any questions. Regards, Sonal N. Mehta Weil Gotshal & Manges 201 Redwood Shores Pkwy Redwood Shores, CA 94065 t: [phone] f: [phone] [e-mail]

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6/2/2010