Elan Microelectronics Corporation v. Apple, Inc.

Filing 173

Application Requesting Completion of Hague Convention Documents for the Deposition of Bernard Kasser filed by Apple, Inc.. (Attachments: # 1 Exhibit 1 (Deposition Guidelines), # 2 Exhibit 2 (Letters Rogatory), # 3 Exhibit 3 (USM-94), # 4 Exhibit 4 (Subpoena to Kasser for Consular Deposition), # 5 Exhibit 5 (Subpoena to Kasser), # 6 Proposed Order)(Greenblatt, Nathan) (Filed on 9/20/2010) Modified on 9/22/2010 (tsh, COURT STAFF).

Elan Microelectronics Corporation v. Apple, Inc.

Doc. 173

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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., Defendant and Counterclaim Plaintiff. Case No. C-09-01531 RS (PVT) APPLE INC.'S APPLICATION REQUESTING COMPLETION OF HAGUE CONVENTION DOCUMENTS FOR THE DEPOSITION OF BERNARD KASSER JURY TRIAL DEMANDED Hon. Richard Seeborg

APPLE'S APPLICATION REQUESTING COMPLETION OF HAGUE CONVENTION DOCUMENTS

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

Dockets.Justia.com

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Apple Inc. ("Apple") respectfully requests that the Court grant this application to complete documents necessary for the deposition of Mr. Bernard Kasser pursuant to the Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters. Good cause exists for this request. Elan Microelectronics Corp. has filed the above-captioned lawsuit accusing Apple of infringing U.S. Pat. No. 5,825,352 ("the '352 patent"). Mr. Kasser is listed on the face of the '352 patent as a named inventor and may have information relevant to this suit. Because Mr. Kasser currently resides in France, Apple desires to depose Mr. Kasser pursuant to the Hague Convention. The Hague Convention authorizes such a deposition provided that certain

formalities are observed in accordance with the provisions of the Convention. See, e.g., Exhibit 1 ["Taking Evidence in France in Civil and Commercial Matters"] (provided to Apple on Aug. 26, 2010 by the U.S. Consulate in Marseilles)). Accordingly, Apple is submitting concurrently with this application a "Request for Judicial Assistance (Letters Rogatory)" and "Request for Service Abroad of Judicial or Extrajudicial Documents." Apple respectfully requests that the Court complete these documents so that Apple may proceed with requesting Mr. Kasser's deposition under the Convention.

Dated: September 20, 2010

WEIL, GOTSHAL & MANGES LLP

By:

/s/ Nathan Greenblatt Nathan Greenblatt Attorneys for Apple Inc.

APPLE'S APPLICATION F REQUESTING COMPLETION OF HAGUE CONVENTION DOCUMENTS

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

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CERTIFICATE OF SERVICE I declare that I am employed with the law firm of Weil, Gotshal & Manges LLP, whose address is 201 Redwood Shores Parkway, Redwood Shores, California 94065-1175. I am not a party to the within cause, and I am over the age of eighteen years. I further declare that on September 20, 2010, I served a copy of:

APPLE INC.'S APPLICATION REQUESTING FOR SERVICE OF PROCESS OUT-OF STATE BY U.S. MAIL by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, addressed as follows, for collection and mailing in accordance with the firm's ordinary business practices. I am readily familiar with the practice for collection and processing of mail, and know that in the ordinary course of business practice that the document(s) described above will be deposited with the U.S. Postal Service on the same date as sworn to below. BY ELECTRONIC SERVICE by electronically mailing a true and correct copy through the electronic mail system to the email address(es) set forth in the service list below. BY OVERNIGHT DELIVERY by placing a true copy thereof enclosed in a sealed envelope with overnight delivery fees provided for, addressed as follows, for collection by Federal Express in accordance with ordinary business practices. I am readily familiar with the practice for collection and processing of correspondence for overnight delivery and know that in the ordinary course of business practice the document(s) described above will be deposited by an employee or agent in a box or other facility regularly maintained by Federal Express for collection on the same day that the document(s) are deposited. Sean DeBruine Alston + Bird LLP Two Palo Alto Square 3000 El Camino Real Palo Alto, CA 94306 [e-mail] I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on September 20, 2010, at Redwood Shores, California. /s/ Nathan Greenblatt Nathan Greenblatt

APPLE'S APPLICATION REQUESTING FOR SERVICE OF PROCESS OUT-OF-STATE

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