Elan Microelectronics Corporation v. Apple, Inc.

Filing 132

Declaration of Nathan Greenblatt in Support of 131 Notice of Motion and Motion to Dismiss filed by Apple, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Greenblatt, Nathan) (Filed on 6/29/2010) Modified on 6/30/2010 (tsh, COURT STAFF).

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Elan Microelectronics Corporation v. Apple, Inc. Doc. 132 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 MATTHEW D. POWERS (Bar No. 104795) matthew.powers@weil.com JARED BOBROW (Bar No. 133712) jared.bobrow@weil.com DOUGLAS E. LUMISH (Bar No. 183863) douglas.lumish@weil.com SONAL N. MEHTA (Bar No. 222086) sonal.mehta@weil.com DEREK C. WALTER (Bar. No. 246322) derek.walter@weil.com NATHAN GREENBLATT (Bar No. 262279) nathan.greenblatt@weil.com WEIL, GOTSHAL & MANGES LLP Silicon Valley Office 201 Redwood Shores Parkway Redwood Shores, CA 94065 Telephone: (650) 802-3000 Facsimile: (650) 802-3100 Attorneys for Defendant and Counterclaim Plaintiff Apple Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ELAN MICROELECTRONICS CORPORATION, Plaintiff and Counterclaim Defendant, v. APPLE INC., Defendant and Counterclaim Plaintiff. Case No. C-09-01531 RS (PVT) DECLARATION OF NATHAN GREENBLATT IN SUPPORT OF APPLE INC.'S MOTION TO DISMISS ELAN MICROELECTRONICS CORP.'S INEQUITABLE CONDUCT DEFENSE AND COUNTERCLAIM JURY TRIAL DEMANDED Hon. Richard Seeborg August 5, 2010, 1:30 p.m. Courtroom 3, 17th Floor DECLARATION OF NATHAN GREENBLATT ISO APPLE'S MOTION TO DISMISS ELAN'S INEQUITABLE CONDUCT DEFENSE AND COUNTERCLAIM Case No. C-09-01531 RS (PVT) 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, Nathan Greenblatt, declare: 1. I am an attorney with the law firm of Weil, Gotshal & Manges LLP, counsel of record for Defendant and Counter-Claimant Apple Inc. ("Apple") in the abovecaptioned matter. I submit this declaration based on personal knowledge and following a reasonable investigation. If called upon as a witness, I could competently testify to the truth of each statement herein. 2. Attached hereto as Exhibit A is a true and correct copy of a letter from S. Mehta to S. DeBruine, dated June 22, 2010. 3. Attached hereto as Exhibit B is a true and correct copy of a letter from S. DeBruine to S. Mehta, dated June 25, 2010. 4. Attached hereto as Exhibit C is a true and correct copy of three pages of the Certified File History of U.S. Patent No. 5,764,218 bearing numbers 218 CFH 0075-0077, including a Form PTO-1449 Information Disclosure Statement and a Macworld magazine article, dated February 1996. 5. Attached hereto as Exhibit D is a true and correct copy of an Office Action and Notice of References Cited, dated October 24, 1996 and bearing numbers 218 CFH 01630228. I declare under the penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on June 29, 2010, at Redwood Shores, California. /s/ Nathan Greenblatt Nathan Greenblatt Attorney for Apple Inc. DECLARATION OF NATHAN GREENBLATT ISO APPLE'S MOTION TO DISMISS ELAN'S INEQUITABLE CONDUCT DEFENSE AND COUNTERCLAIM 1 Case No. C-09-01531 RS (PVT)

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