Elan Microelectronics Corporation v. Apple, Inc.

Filing 149

Declaration of Sean P. DeBruine in Support of 145 Administrative Motion to File Under Seal (1) APPLE INC.S REPLY IN SUPPORT OF ITS MOTION TO DISMISS ELAN MICROELECTRONICS CORP.S INEQUITABLE CONDUCT DEFENSE AND COUNTERCLAIM; AND (2) DECLARATION OF SONAL N. MEHTA IN SUPPORT OF APPLE INC.S REPLY AND Administrative Motion to File Under Seal (1) APPLE INC.S REPLY IN SUPPORT OF ITS MOTION TO DISMISS ELAN MICROELECTRONICS CORP.S INEQUITABLE CONDUCT DEFENSE AND COUNTERCLAIM; AND (2) DECLARATION OF SONAL N. MEHTA IN SUPPORT OF APPLE INC.S REPLY AND filed byElan Microelectronics Corporation. (Related document(s) 145 ) (DeBruine, Sean) (Filed on 7/29/2010)

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Elan Microelectronics Corporation v. Apple, Inc. Doc. 149 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) Jennifer Liu (SBN 268990) (celine.liu@alston.com) ALSTON & BIRD LLP 275 Middlefield Road, Suite 150 Menlo Park, California 94025 Telephone: 650-838-2000 Facsimile: 650-838-2001 T. Hunter Jefferson (admitted pro hac vice)(hunter.jefferson@alston.com) ALSTON & BIRD LLP One Atlantic Center 1201 West Peachtree Street Atlanta, Georgia 30309 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, Plaintiff and Counterdefendant, v. APPLE, INC., Defendant and Counterclaimant. AND RELATED COUNTERCLAIMS Case No. 09-cv-01531 RS DECLARATION OF SEAN P. DEBRUINE PURSUANT TO L. R. 79-5 IN SUPPORT OF APPLE INC.'S MOTION FOR ADMINISTRATIVE RELIEF TO FILE (1) APPLE'S REPLY IN SUPPORT OF ITS MOTION TO DISMISS ELAN MICROELECTRONICS CORP.'S INEQUITABLE CONDUCT DEFENSE AND COUNTERCLAIM; AND (2) DECLARATION OF SONAL N. MEHTA IN SUPPORT OF APPLE INC.'S REPLY AND EXHIBITS THERETO UNDER SEAL I, Sean P. DeBruine, declare as follows: 1. I am a partner in the law firm of Alston & Bird LLP, counsel to Plaintiff Elan Corporation ("Elan"). I have personal knowledge of the following facts, except those facts stated DECLARATION OF S. DEBRUINE ISO APPLE'S MOTION FOR ADMINISTRATIVE RELIEF TO FILE UNDER SEAL (DKT. NO. 145) Case No. 09-cv-01531 RS 1 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 on information and belief, which facts I believe to be true. If called to testify I could and would testify competently to the matters stated herein. 2. I make this declaration pursuant to Civ. L.R. 79-5, regarding the document designated by Elan as "Confidential Attorneys' Eyes Only" filed and subject to Apple Inc.'s Motion for Administrative Relief to File Under Seal (Dkt. No. 145). 3. On July 22, 2010, Defendant Apple, Inc. filed its Motion for Administrative Relief and identified the following documents for sealing, inter alia, Exhibit B to the July 22, 2010 Declaration of Sonal Mehta consisting of an excerpt from the September 4, 2008 deposition of George Gerpheide taken in the Elantech Devices Corp v. Synaptics, Inc. matter, case no. C-0601839 PVT. Elan produced that transcript in this matter and designated it as Confidential Attorneys Eyes Only under the February 11, 2010 Amended Protective Order. That designation is due to the discussion in that deposition of material produced by non-parties Mr. Gerpheide and Cirque Corp. that were designated as "Confidential Attorneys Eyes Only" pursuant to the protective order in the earlier case. I attempted to contact counsel for Cirque, but was informed he is out of the office this week. As such, Elan is not in a position to remove the confidentiality designation for Exhibit B, and respectfully requests that it remain under seal. Cirque agreed to the production in this matter of documents from the previous litigation on the condition that similar confidentiality protections were observed. I declare under penalty of perjury of the laws of the United States of America that the foregoing is true and correct. DATED: July 29, 2010 Respectfully submitted, ALSTON & BIRD LLP By: /s/ Sean P. DeBruine Sean P. DeBruine Attorneys for Plaintiff ELAN MICROELECTRONICS CORPORATION LEGAL02/32041232v1 DECLARATION OF S. DEBRUINE ISO APPLE'S MOTION FOR ADMINISTRATIVE RELIEF TO FILE UNDER SEAL (DKT. NO. 145) Case No. 09-cv-01531 RS 2

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