Elan Microelectronics Corporation v. Apple, Inc.

Filing 141

Amended Notice of Motion to Exclude Documents Not Timely Produced or, in the Alternative, for Costs filed byElan Microelectronics Corporation. Motion Hearing set for 8/24/2010 10:00 AM in Courtroom 5, 4th Floor, San Jose. (DeBruine, Sean) (Filed on 7/16/2010) Modified on 7/23/2010 (tshS, COURT STAFF).

Elan Microelectronics Corporation v. Apple, Inc.

Doc. 141

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Yitai Hu (SBN 248085) ([e-mail]) Sean P. DeBruine (SBN 168071) ([e-mail]) Elizabeth H. Rader (SBN 184963) ([e-mail]) Jennifer Liu (SBN 268990) ([e-mail]) ALSTON & BIRD LLP Two Palo Alto Square 3000 El Camino Real, Suite 400 Palo Alto, California 94306 Telephone: [phone] Facsimile: 650-838-2001 T. Hunter Jefferson ([e-mail]) ALSTON & BIRD LLP One Atlantic Center 1201 West Peachtree Street Atlanta, Georgia 30309-3424 Telephone: [phone] 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, Plaintiff, v. APPLE, INC., Defendant. Case No. 09-cv-01531 RS ELAN MICROELECTRONICS CORPORATION'S AMENDED NOTICE OF MOTION TO EXCLUDE DOCUMENTS NOT TIMELY PRODUCED OR, IN THE ALTERNATIVE, FOR COSTS DATE: TIME: JUDGE: CTRM: August 24, 2010 10:00 a.m. Patricia V. Trumbull 5, 4th Floor

AND RELATED COUNTERCLAIMS

TO DEFENDANT AND ITS ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that Plaintiff's Motion to Exclude Documents Not Timely Produced or, in the Alternative, for Costs, originally noticed for August 17, 2010 will now be heard on Tuesday, August 24, 2010, in Courtroom 5 of this Court located at 280 South First Street,
ELAN MICROELECTRONICS CORPORATION'S AMENDED NOTICE OF MOTION AN D MOTION TO EXCLUDE DOCUMENTS NOT TIMELY PRODUCED OR, IN THE ALTERNATIVE, FOR COSTS Case No. 09-cv-01531 RS

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San Jose, California, or as soon as the matter may be heard. In particular, at that time Plaintiff Elan Microelectronics Corp. will and hereby does move this Court pursuant to Rule 37 (c)(1) for an order precluding Apple from using documents first located in June, 2010 in the possession of Jay Hamlin or any other untimely produced documents pertaining to the conception, reduction to practice, design or development of the inventions claimed in the '218 patent in any hearing, trial or other proceeding. The grounds for this motion, as set forth more fully in the Memorandum of Points and Authorities filed on July 13, 2010 (Dkt. 135), are that Apple should have located these documents pursuant to a reasonable search and produced them no later than October, 2009 pursuant to Fed. R. Civ. P. 26, Patent Local Rule 3-2 and Elan's requests for production of documents. Apple's failure to perform a reasonable search and timely produce the documents was not justified or harmless. As such, Rule 37(c )(1) mandates that Apple be precluded from using these documents. Elan's motion is based upon this Notice of Motion, the Memorandum of Points and Authorities filed July 13, 2010 (Docket No. 135), the Declaration of Sean P. DeBruine In Support filed July 13, 2010 (Docket No. 136) and such other papers and pleadings on file and such other argument and evidence as may be presented to the Court at or prior to the hearing on this motion. DATED: July 16, 2010 Respectfully submitted, ALSTON & BIRD LLP

By:

/s/ Sean P. DeBruine Sean P. DeBruine

Attorneys for Plaintiff and Counterdefendant ELAN MICROELECTRONICS CORPORATION

ELAN MICROELECTRONICS CORPORATION'S AMENDED NOTICE OF MOTION AN D MOTION TO EXCLUDE DOCUMENTS NOT TIMELY PRODUCED OR, IN THE ALTERNATIVE, FOR COSTS

Case No. 09-cv-01531 RS

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