Elan Microelectronics Corporation v. Apple, Inc.

Filing 153

Declaration of Douglas E. Lumish in Support of 152 Memorandum in Opposition to Elan's Motion to Exclude Documents or, in the Alternative, for Costs filed byApple, Inc.. (Related document(s) 152 ) (Lumish, Douglas) (Filed on 8/3/2010)

Elan Microelectronics Corporation v. Apple, Inc.

Doc. 153

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MATTHEW D. POWERS (Bar No. 104795) [e-mail] JARED BOBROW (Bar No. 133712) [e-mail] DOUGLAS E. LUMISH (Bar No. 183863) [e-mail] SONAL N. MEHTA (Bar No. 222086) [e-mail] DEREK C. WALTER (Bar. No. 246322) [e-mail] NATHAN GREENBLATT (Bar No. 262279) [e-mail] WEIL, GOTSHAL & MANGES LLP Silicon Valley Office 201 Redwood Shores Parkway Redwood Shores, CA 94065 Telephone: [phone] Facsimile: [phone] 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., Hon. Patricia V. Trumbull Defendant and Counterclaim Plaintiff. Date: August 24, 2010 Time: 10:00 a.m. Courtroom 5, 4th Floor Case No. C-09-01531 RS (PVT) DECLARATION OF DOUGLAS E. LUMISH IN SUPPORT OF APPLE'S OPPOSITION TO ELAN'S MOTION TO EXCLUDE DOCUMENTS OR, IN THE ALTERNATIVE, FOR COSTS

DECLARATION OF DOUGLAS E. LUMISH ISO OPP TO MOTION TO EXCLUDE DOCUMENTS

Case No. C-09-01531 RS (PVT)

Dockets.Justia.com

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I, Douglas E. Lumish, declare: 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 above-captioned 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. 1. On June 14, 2010, I met with Jay Hamlin to prepare Mr. Hamlin for his

deposition in this action. In that meeting, the topic of documents in Mr. Hamlin's possession, custody or control was raised. 2. On June 15, 2010, Mr. Hamlin provided to me a folder of hardcopy

documents and CD-ROMs with archived computer files related to the touchpad work he did for Apple. The following day, I arranged for personnel from my office to collect from Mr. Hamlin hard disk drives with archived computer files. 3. On June 15, 2010, shortly after 9:00 a.m., I arrived with Mr. Hamlin at the

Palo Alto offices of Elan's attorneys, Alston & Bird. Mr. Hamlin was prepared to sit for his deposition that morning and I was prepared to defend it. I was told from an Alston & Bird employee that the deposition would not proceed and that the court reporter and videographer had already been sent home. 4. On July 28, 2010, I had a meet and confer teleconference with Sean During that call, I asked Mr. DeBruine whether Elan would

DeBruine, counsel for Elan.

withdraw its motion if Apple would agree to pay the approximately $900 in costs requested by Elan. Mr. DeBruine said that Elan would not agree. 5. I defended the deposition of Jonathan Dorfman, one of the inventors on the

`218 patent, on June 12, 2010 in New York. Mr. DeBruine, an Alston partner resident in the Palo Alto office, took that deposition. I also defended the deposition of Mark Della Bona, another of the inventors on the `218 patent, on May 25, 2010 in Palo Alto. Mr. DeBruine also took that deposition. I declare under the penalty of perjury under the laws of the United States of America that the foregoing is true and correct.
DECLARATION OF DOUGLAS E. LUMISH ISO OPP TO MOTION TO EXCLUDE DOCUMENTS

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Case No. C-09-01531 RS (PVT)

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Executed on August 3, 2010, at Redwood Shores, California. /s/ Douglas E. Lumish Douglas E. Lumish

DECLARATION OF DOUGLAS E. LUMISH ISO OPP TO MOTION TO EXCLUDE DOCUMENTS

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Case No. C-09-01531 RS (PVT)