Elan Microelectronics Corporation v. Apple, Inc.

Filing 172

Declaration of Sonal Mehta in Support of 171 Unopposed Motion For Leave To Amend Invalidity Contentions filed byApple, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit)(Related document(s) 171 ) (Greenblatt, Nathan) (Filed on 9/20/2010) Modified on 9/22/2010 (tsh, COURT STAFF).

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Elan Microelectronics Corporation v. Apple, Inc. Doc. 172 Att. 1 From: Mehta, Sonal Sent: Monday, August 23, 2010 9:01 AM To: DeBruine, Sean; Elan Apple Team Cc: Apple Elan WGM Service Subject: RE: Apple's Supplemental Invalidity Contentions Sean, I write to followup on our emails regarding supplemental invalidity contentions. Although we trust there will not be any issue with respect to the timeliness of Apple's supplemental contentions provided in June, we do not want to delay filing a motion for leave to formally amend our contentions pending a meet and confer on whatever supplementation Elan plans to propose. Accordingly, we will plan to file a motion for leave to amend this week and note that Elan does not oppose. We can discuss any proposed supplementation from Elan at the appropriate time. Best, Sonal From: DeBruine, Sean [mailto:Sean.DeBruine@alston.com] Sent: Friday, June 25, 2010 1:53 PM To: Mehta, Sonal; Elan Apple Team Cc: Apple Elan WGM Service Subject: RE: Apple's Supplemental Invalidity Contentions Sonal, We are reviewing the proposed amended invalidity contentions, but do not expect to object. Elan is also considering other art revealed as a result of Elan's continuing investigation and discovery, and intends to further supplement its contentions, in addition to our prior proposal. I expect to have the proposed supplemental disclosures for your review next week, at which point we can discuss a joint motion. Have a good weekend. Sean From: Mehta, Sonal [mailto:Sonal.Mehta@weil.com] Sent: Tuesday, June 22, 2010 8:08 PM To: Elan Apple Team Cc: Apple Elan WGM Service Subject: Apple's Supplemental Invalidity Contentions Counsel, Based on our ongoing investigation and discovery obtained in this matter, Apple has identified several additional prior art references that we believe invalidate Elan's '352 and '353 patent. We have prepared supplemental invalidity contentions to include this new art and to further clarify Apple's obviousness Dockets.Justia.com and indefiniteness contentions. Accordingly, we intend to seek the Court's leave to amend our contentions as set forth in the attached documents. Please let us know if Elan will consent to this amendment. We understand from Elan's prior correspondence that it may also seek to amend its contentions to add the Boie '388 patent, and are happy to discuss a joint motion for both parties to amend their contentions accordingly. Regards, Sonal N. Mehta Weil Gotshal & Manges 201 Redwood Shores Pkwy Redwood Shores, CA 94065 t: (650) 8023118 f: (650) 8023100 sonal.mehta@weil.com The information contained in this email message is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by email (postmaster@weil.com), and destroy the original message. Thank you. ******************************************************* IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS and other taxing authorities, we inform you that any tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties that may be imposed on any taxpayer or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. ______________________________________________________ NOTICE: This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (404-881-7000) or by electronic mail (postmaster@alston.com), and delete this message and all copies and backups thereof. Thank you.

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