Elan Microelectronics Corporation v. Apple, Inc.

Filing 162

Declaration of Sean P. DeBruine in Support of 161 Memorandum in Opposition to Apple Inc.'s Motion to Compel James Eakin to Produce Documents Pursuant to Subpoena Duces Tecum filed byElan Microelectronics Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Related document(s) 161 ) (DeBruine, Sean) (Filed on 8/10/2010)

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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 275 Middlefield Road, Suite 150 Menlo Park, California 94025 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 (PVT) DECLARATION OF SEAN P. DEBRUINE IN SUPPORT OF ELAN MICROELECTRONICS CORPORATION'S OPPOSITION TO APPLE INC.'S MOTION TO COMPEL JAMES EAKIN TO PRODUCE DOCUMENTS PURSUANT TO SUBPOENA DUCES TECUM DATE: TIME: JUDGE: CTRM: August 24, 2010 10:00 p.m. Patricia V. Trumbull Courtroom 5, 4th Floor

AND RELATED COUNTERCLAIMS

DECLARATION OF SEAN P. DEBRUINE ISO ELAN'S OPPOSITION TO APPLE'S MOTION TO COMPEL JAMES EAKIN TO PRODUCE DOCUMENTS PURSUANT TO SUBPOENA DUCES TECUM

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

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, Sean P. DeBruine, declare as follows: 1. I am a partner in the law firm of Alston & Bird LLP, counsel to Plaintiff Elan DECLARATION OF SEAN P. DEBRUINE

Corporation ("Elan") in this action. I have personal knowledge of the following facts, except as otherwise stated. If called to testify, I could and would testify competently to the matters stated herein. 2. Attached hereto as Exhibit 1 is a true and correct copy of the first page of the U.S.

Patent No. 5,825,352. 3. I have learned from Elan that on November 30, 1999, KOA T&T Corporation

("KTT"), Logitech Inc. and Logitech Far East Ltd. entered into an agreement titled "Agreement For The Sale And Purchase Of Assets" ("Asset Purchase Agreement"), in which KTT purchased the touchpad businesses, including the '352 patent and other intellectual property related to the touchpad business. With that purchase, KTT effectively stepped into the shoes of Logitech. The control of this ongoing touchpad business was transferred to new management under KTT. KTT later changed its name to K-Tech Devices Corp. ("K-Tech"). On July 9, 2003, K-Tech formed a joint venture company with Elan, called Elantech Devices Corporation ("Elantech") by injecting its entire touchpad business into Elantech, together with the patents that KTT had acquired from Logitech and certain equipment. Later, Elan bought out K-Tech's interest in Elantech. In 2008, Elantech merged into Elan. Through the above chain of title, Elan obtained all the rights and interests in the '352 patent. 4. Attached hereto as Exhibit 2 is true and correct copy of a Patent Assignment

Abstract of Title of the U.S. Patent No. 5,825,352 produced by Elan in this action. 5. Upon receiving notice of Apple's subpoena served May 12, 2010 to James Eakin, I

called Mr. Eakin and offered to assist him in responding to Apple's subpoena. Mr. Eakin declined my offer.
DECLARATION OF SEAN P. DEBRUINE ISO ELAN'S OPPOSITION TO APPLE'S MOTION TO COMPEL JAMES EAKIN TO PRODUCE DOCUMENTS PURSUANT TO SUBPOENA DUCES TECUM Case No. 09-cv-01531 RS (PVT)

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6.

As of now, Elan has not waived attorney-client privilege with respect to a third

party's documents including without limitation Mr. James Eakin. I swear under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on August 10, 2010, at Menlo Park, California.

/s/ Sean P. DeBruine Sean P. DeBruine

DECLARATION OF SEAN P. DEBRUINE ISO ELAN'S OPPOSITION TO APPLE'S MOTION TO COMPEL JAMES EAKIN TO PRODUCE DOCUMENTS PURSUANT TO SUBPOENA DUCES TECUM

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

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