Elan Microelectronics Corporation v. Apple, Inc.

Filing 112

Rebuttal Declaration of Robert Dezmelyk 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 1) (DeBruine, Sean) (Filed on 6/3/2010) Modified on 6/4/2010 (bw, COURT STAFF).

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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 Yitai Hu (SBN 248085) (yitai.hu@alston.com) Sean P. DeBruine (SBN 168071) (sean.debruine@alston.com) Elizabeth H. Rader (SBN 184963) (elizabeth.rader@alston.com) ALSTON & BIRD LLP Two Palo Alto Square 3000 El Camino Real, Suite 400 Palo Alto, California 94306 Telephone: 650-838-2000 Facsimile: 650-838-2001 T. Hunter Jefferson (pro hac vice) (hunter.jefferson@alston.com) ALSTON & BIRD LLP One Atlantic Center 1201 West Peachtree Street Atlanta, Georgia 30309-3424 Telephone: 404-881-7000 Facsimile: 404-881-7777 Attorneys for Plaintiff and Counterdefendant ELAN MICROELECTRONICS CORPORATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ELAN MICROELECTRONICS CORPORATION, v. APPLE, INC., Defendant. Plaintiff, Case No. 09-cv-01531 RS REBUTTAL DECLARATION OF ROBERT DEZMELYK IN SUPPORT OF ELAN MICROELECTRONICS CORP.S OPPOSITION TO APPLE'S OPENING CLAIM CONSTRUCTION BRIEF DATE: TIME: JUDGE: CTRM: June 23, 2010 1:30 p.m. Richard Seeborg 3, 17th Floor AND RELATED COUNTERCLAIMS I, Robert Dezmelyk, declare and state as follows: 1. I have been retained by Elan Microelectronics Corp. ("Elan") as an expert witness in this lawsuit. I am providing this declaration to describe the technology relevant to an understanding of the patents in suit and to state my opinion regarding the level of ordinary skill in the art to which the patents are addressed and the meanings that terms or phrases used in certain patents would have REBUTTAL DECLARATION OF ROBERT DEZMELYK IN SUPPORT OF ELAN MICROELECTRONICS CORPORATION'S OPPOSITION TO APPLE'S CLAM CONSTRUCTION BRIEF 1 Case No. 09-cv-01531 RS 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 to one of ordinary skill in the art to which the patents pertain. I provide this Supplemental Declaration to provide information relevant to certain of the arguments made by Apple in its Opening Claim Construction Brief. 2. My background and qualifications are set forth in my earlier Declaration In Support of Elan Microelectronics Corporation's Opening Claim Construction Brief. In that earlier declaration I also set forth my understanding of the level of ordinary skill in the art for purposes of construing the claims of the patents at issue here. I provide this Rebuttal Declaration to address instances where Apple's Brief uses terms in a way other than how they would be understood by those of ordinary skill in the art. 3. I understand that Apple proposes a construction of the terms "identify a first maxima in a signal corresponding to a first finger," "identify a minima following the first maxima" and "identify a second maxima in a signal corresponding to the second finger following said maxima" to require the analysis of a profile "taken on an axis." Apple Brief at 6. However, from reviewing Apple's argument in support of that position, it is clear to me that Apple is using the term "axis" in a way that is different from the understanding one of ordinary skill in the art would give that term. One of ordinary skill in the art would understand an axis to be one of the lines along which coordinates are defined in a coordinate system. Thus, in a system where points are described as x and y coordinates, the term "axis" would refer to either the x-axis or the y-axis. See, e.g. McGrawHill Dictionary of Scientific and Technical Terms, 3d Ed. (1984) at 136, attached hereto as Exhibit 1. Apple appears to be using the term axis to refer to any other line drawn in the coordinate space. See Apple Brief at 11 (referring to a hypothetical "axis" diagonal to the x- and y-axes"). Apple states that an analysis "along a direction" is the same as "on an axis." This is not how the word "axis" is used by those skilled in the art. 4. I also note that nothing in the claim language "scanning the touch sensor to . . . identify" the maxima or minima would be understood by one skilled in the art to necessarily require scanning in an angular direction. Rather, to "scan" is to make an orderly examination of the entire space, in this instance an orderly examination of the capacitance values from the touch sensor. A typical "scan" order well-known at the time of the 352 patent was the "raster scan" where a video REBUTTAL DECLARATION OF ROBERT DEZMELYK IN SUPPORT OF ELAN MICROELECTRONICS CORPORATION'S OPPOSITION TO APPLE'S CLAM CONSTRUCTION BRIEF 2 Case No. 09-cv-01531 RS 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 image was created picture element by picture element, starting in a row a the top corner of the screen and proceeding in a back and forth manner across and down the screen until the lower corner opposite the starting point was reached. This was also a well-known method of traversing the values stored in a data matrix. See, e.g. McGraw-Hill Dictionary at 1420, attached as Exhibit 1. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on June 2, 2010, at Newton, New Hampshire. /s/ Robert Dezmelyk Robert Dezmelyk REBUTTAL DECLARATION OF ROBERT DEZMELYK IN SUPPORT OF ELAN MICROELECTRONICS CORPORATION'S OPPOSITION TO APPLE'S CLAM CONSTRUCTION BRIEF 3 Case No. 09-cv-01531 RS 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 LEGAL02/31859214v2 FILER'S ATTESTATION Pursuant to General Order No. 45, Section X (B) regarding signatures, I, Sean P. DeBruine, attest that concurrence in the filing of this document has been obtained. /s/ Sean P. DeBruine Sean P. DeBruine REBUTTAL DECLARATION OF ROBERT DEZMELYK IN SUPPORT OF ELAN MICROELECTRONICS CORPORATION'S OPPOSITION TO APPLE'S CLAM CONSTRUCTION BRIEF 4 Case No. 09-cv-01531 RS

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