Elan Microelectronics Corporation v. Apple, Inc.

Filing 119

Letter to Judge Seeborg regarding the June 21, 2010 hearing on Apple's Motion to Strike Paragraphs 26-34, etc re ( 105 ) from Matthew D. Powers (Powers, Matthew) (Filed on 6/14/2010) Text modified and linkage added on 6/14/2010 (bw, COURT STAFF).

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David S. Elkins (State Bar No. 148077) James M. Smith (State Bar No. 136246) SQUIRE, SANDERS & DEMPSEY L.L.P. 600 Hansen Way Palo Alto, California 94304-1043 Telephone: [phone] Facsimile: [phone] David K. Callahan (admitted pro hac vice) G. Courtney Holohan (admitted pro hac vice) Rachel L. Pernic (admitted pro hac vice) Aaron D. Charfoos (admitted pro hac vice) KIRKLAND & ELLIS 200 East Randolph Drive Chicago, Illinois 60601 Telephone: [phone] Facsimile: [phone] Attorneys fo r Plaintiff and Counter-Defendant BCE EMERGIS, INC. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION BCE EMERGIS, INC., Plaintiff, vs. ARIBA, INC., Defendant. Case No. C 01-21221 PVT DECLARATION OF AARON D. CHARFOOS IN SUPPORT OF MISCELLANEOUS ADMINISTRATIVE REQUEST TO SEAL DOCUMENTS [Civil Local Rules 7-10, 79-5]

ARIBA, INC., Counter-Claimant, vs. BCE EMERGIS, INC., Counter-Defendant.

DECLARATION OF AARON D. CHARFOOS IN SUPPORT OF MISCELLANEOUS ADMINISTRATIVE REQUEST CASE NO. 01-21221

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I, Aaron D. Charfoos, declare as follows: 1. I am an attorney duly admitted to practice before the Bar of the State of Illinois, and I

am admitted pro hac vice to practice before this Court. I am an associate at the law firm of Kirkland & Ellis in Chicago, Illinois. Kirkland & Ellis represents the Plaintiff BCE Emergis, Inc. ("BCE Emergis") in the above captioned matter. I make this declaration upon personal knowledge and if called upon to testify, I could and would do so. 2. Sealed Declaration of G. Courtney Holohan in Support of Plaintiff Emergis's

Opposition to Ariba's Motion for a Protective Order ¶ 11 at Ex. J is the November 6, 2002, deposition transcript of Mr. Christian Trudeau that BCE Emergis has designated Highly Confidential pursuant to the August 2, 2002, Protective Order. This document, which upon information and belief has not been made public, contains information about the factors that BCE Emergis uses in developing both past and present business strategies, as well as, its preferred customers for a product that is currently being sold. If this information is made public, it would greatly harm BCE Emergis in relation to its competitors by providing them with an unfair insight into how BCE Emergis develops business strategies and chooses potential customers. I declare under penalty of perjury that the foregoing is true and correct. Dated: February 18, 2003 /s/ Aaron D. Charfoos Aaron D. Charfoos Attorney for Plaintiff/Counter-Defendant BCE EMERGIS, INC.

DECLARATION OF AARON D. CHARFOOS IN SUPPORT OF MISCELLANEOUS ADMINISTRATIVE REQUEST CASE NO. 01-21221