Elan Microelectronics Corporation v. Apple, Inc.

Filing 214

Declaration of Jennifer Liu in Support of 212 MOTION for Partial Summary Judgment of Infringement of U.S. Patent 5,875,352 [Public Version] MOTION for Partial Summary Judgment of Infringement of U.S. Patent 5,875,352 [Public Version] filed byElan Microelectronics Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3-6 MFN, # 4 Exhibit 7, # 5 Exhibit 8, # 6 Exhibit 9, # 7 Exhibit 10, # 8 Exhibit 11, # 9 Exhibit 12, # 10 Exhibit 13, # 11 Exhibit 14, # 12 Exhibit 15, # 13 Exhibit 16, # 14 Exhibit 17, # 15 Exhibit 18, # 16 Exhibit 19, # 17 Exhibit 20, # 18 Exhibit 21, # 19 Exhibit 22, # 20 Exhibit 23-25 MFN, # 21 Exhibit 26, # 22 Exhibit 27 MFN, # 23 Exhibit 28, # 24 Exhibit 29-33 MFN, # 25 Exhibit 34, # 26 Exhibit 35-37 MFN, # 27 Exhibit 38 Part 1, # 28 Exhibit 38 Part 2, # 29 Exhibit 38 Part 3, # 30 Exhibit 39-45 MFN, # 31 Exhibit 46, # 32 Exhibit 47 MFN, # 33 Exhibit 48)(Related document(s) 212 ) (Liu, Jennifer) (Filed on 5/24/2011)

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YITAI HU (SBN 248085)
[e-mail]
SEAN P. DEBRUINE (SBN 168071)
[e-mail]
ELIZABETH H. RADER (SBN 184963)
[e-mail]
JANE HAN BU (SBN 240081)
[e-mail]
JENNIFER LIU (SBN 268990)
[e-mail]
PALANI P. RATHINASAMY (SBN 269852)
[e-mail]
ALSTON & BIRD LLP
275 Middlefield Road, Suite 150
Menlo Park, CA 94025-4008
Telephone:
650-838-2000
Facsimile:
650-838-2001
Attorneys for Plaintiff and Counterdefendant
ELAN MICROELECTRONICS
CORPORATION

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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AMENDED DECLARATION OF
JENNIFER LIU IN SUPPORT OF
PLAINTIFF ELAN
MICROELECTRONICS
CORPORATION’S MOTION FOR
PARTIAL SUMMARY JUDGMENT OF
INFRINGEMENT

Plaintiff,

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

ELAN MICROELECTRONICS
CORPORATION,

v.
APPLE, INC.,
Defendant.

FILED UNDER SEAL
[Public Version]

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DATE: June 9, 2011
TIME: 1:30 p.m.
Courtroom 3
Hon. Richard Seeborg

AND RELATED COUNTERCLAIMS

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AMENDED DECL. OF JENNIFER LIU ISO ELAN’S MOT. FOR
PARTIAL SUMMARY JUDGMENT OF INFRINGEMENT

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

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I, Jennifer Liu, declare as follows:

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1.

I provide this Amended Declaration in place of my May 5, 2011 Declaration

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lodged with the Court. This Amended Declaration notes the exhibits to be filed under seal

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pursuant to the Court’s May 11, 2011 Order Denying Motion to Seal, Without Prejudice (Dkt No.

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204) and Plaintiff Elan Microelectronics Corporation’s (“Elan”) Renewed Motion for Leave to

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File Under Seal.

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2.

I am an associate with the law firm of Alston & Bird LLP, counsel to Elan in this

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action. I have personal knowledge of the following facts and, if called to testify, I could and

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would testify competently to the matters stated herein.

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3.

Attached as Exhibit 1 is a true and correct copy of U.S. Patent No. 5,825,352.

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4.

Attached as Exhibit 2 is a true and correct copy of Apple Inc.’s Second

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Supplemental Responses and Objections to Elan Microelectronics Corporation’s First Set of

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Interrogatories to Apple Inc. No. 4, and First Supplemental Responses and Objections to Elan

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Microelectronics Corporation’s First Set of Interrogatories to Apple Inc. No. 9, dated June 24,

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2010.

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5.

Attached as Exhibit 3 is a true and correct copy of excerpts from the deposition

transcript of Steven Hotelling, dated November 19, 2010. (Filed Under Seal)
6.

Attached as Exhibit 4 is a true and correct copy of Apple Inc.’s Responses and

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Objections to Elan Microelectronics Corporation’s Second Set of Interrogatories to Apple Inc.

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[Nos. 13-15], dated January 12, 2011. (Filed Under Seal)

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7.

Attached hereto as Exhibit 5 is a true and correct copy of Apple Inc.’s

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Supplemental Response and Objections to Elan Microelectronics Corporation’s Interrogatory No.

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13, dated April 1, 2011. (Filed Under Seal)

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8.

Attached hereto as Exhibit 6 is a true and correct copy of Apple’s Supplemental

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Responses and Objections to Elan Microelectronics Corporation’s Interrogatory No. 15, dated

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April 5, 2011. (Filed Under Seal)

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9.

I have reviewed Apple’s responses to Elan’s Second Set of Interrogatories, which

describe the touchpad model included in each Apple laptop computer relevant to Elan’s Motion
AMENDED DECL. OF JENNIFER LIU ISO ELAN’S MOT. FOR
PARTIAL SUMMARY JUDGMENT OF INFRINGEMENT

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

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for Partial Summary Judgment of Infringement. I have also reviewed the bills of materials

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(“BOMs”), produced by Apple in this matter corresponding to each Apple laptop computer

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relevant to this motion. The BOMs include Apple’s internal code names and external model

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numbers associated with each Accused Products. From that review, I have summarized the

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products relevant to this motion, the internal Apple code names and model numbers for those

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products, the dates those products were released, and the touchpads incorporated into those

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computers in the following table:

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AMENDED DECL. OF JENNIFER LIU ISO ELAN’S MOT. FOR
PARTIAL SUMMARY JUDGMENT OF INFRINGEMENT

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

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10.

Attached as Exhibit 7 is a true and correct copy of U.S. Patent No. 5,543,591

(APEL0008016-71).
11.

Attached as Exhibit 8 is a true and correct copy of relevant pages from the iBook

G4 User Guide (mid 2005 Edition) (ELN000293-94, 302, 314).
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Attached as Exhibit 9 is a true and correct copy of relevant pages from the

PowerBook G4 User Guide (early 2005 Edition) (ELN000627-28, 633, 641-42, 650).
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Attached as Exhibit 10 is a true and correct copy of relevant pages from the

PowerBook G4 User Guide (late 2005 Edition) (ELN1042189-90, 1042197, 1042201, 1042210).
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Attached as Exhibit 11 is a true and correct copy of relevant pages from the

MacBook User Guide (mid 2006 Edition) (ELN000883-84, 894, 899, 914-15).
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Attached as Exhibit 12 is a true and correct copy of relevant pages from the

MacBook User Guide (late 2006 Edition) (ELN1040807, 1040818-19, 1040827, 1040879).
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Attached as Exhibit 13 is a true and correct copy of relevant pages from the

MacBook User Guide (mid 2007 Edition) (ELN1040886, 1040898, 1040906, 1040960).
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Attached as Exhibit 14 is a true and correct copy of relevant pages from the

MacBook User Guide (late 2007 Edition) (ELN1040965, 1040985, 1040990, 1041041).
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Attached as Exhibit 15 is a true and correct copy of relevant pages from the

MacBook User Guide (early 2008 Edition) (ELN001105, 1123, 1128, 1179).
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Attached as Exhibit 16 is a true and correct copy of relevant pages from the

MacBook User Guide (late 2008 Edition) (ELN1041129-30, 1041152-55, 1041214).
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Attached as Exhibit 17 is a true and correct copy of relevant pages from the

MacBook User Guide (early 2009 Edition) (ELN1041221, 1041239, 1041244, 1041299).
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Attached as Exhibit 18 is a true and correct copy of relevant pages from the

MacBook User Guide (mid 2009 Edition) (ELN1041304, 1041324, 1041329, 1041382).
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Attached as Exhibit 19 is a true and correct copy of relevant pages from the

MacBook Pro User Guide (early 2006 Edition) (ELN000739-40, 750, 755, 770).
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Attached as Exhibit 20 is a true and correct copy of relevant pages from the

MacBook Pro User Guide (mid 2006 Edition) (ELN1041534-35, 1041545, 1041550, 1041565).
AMENDED DECL. OF JENNIFER LIU ISO ELAN’S MOT. FOR
PARTIAL SUMMARY JUDGMENT OF INFRINGEMENT

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

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Attached as Exhibit 21 is a true and correct copy of relevant pages from the

MacBook Pro User Guide (late 2006 Edition) (ELN1041678, 1041690, 1041698, 1041756).
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Attached as Exhibit 22 is a true and correct copy of relevant pages from the

MacBook Pro User Guide (mid 2007 Edition) (ELN1041762, 1041774, 1041782, 1041840).

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29.

Attached as Exhibit 26 is a true and correct copy of excerpts from The New IEEE

Standard Dictionary of Electrical and Electronics Terms, dated January 15, 1993.

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31.

Attached as Exhibit 28 is a true and correct copy of Cypress CY8C24423 Datasheet

produced by Apple in this matter bearing bates numbers APEL0013301-42.
32.

Attached as Exhibit 29 is a true and correct copy of Cypress CY7C66113 Datasheet

produced by Apple in this matter bearing bates numbers APEL0012655-71. (Filed Under Seal)

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AMENDED DECL. OF JENNIFER LIU ISO ELAN’S MOT. FOR
PARTIAL SUMMARY JUDGMENT OF INFRINGEMENT

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

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37.

Attached as Exhibit 34 is a true and correct copy of Cypress CY8C24094,

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CY8C24794, CY8C24894 and CY8C24994 Datasheet produced by Apple in this matter bearing

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bates numbers APEL1617587-635. (Partially Redacted)

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41.

Attached as Exhibit 38 is a true and correct copy of Cypress CY8C21434 Datasheet

produced by Apple in this matter bearing bates numbers APEL0010822-60.

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48.

Attached as Exhibit 45 is a true and correct copy of an email chain entitled

“CY8C24994/894 vs CY8C24794” between Cypress and Apple (APEL1295909-11). (Filed
AMENDED DECL. OF JENNIFER LIU ISO ELAN’S MOT. FOR
PARTIAL SUMMARY JUDGMENT OF INFRINGEMENT

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

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Under Seal)
49.

Attached as Exhibit 46 is a true and correct copy of Elan’s Disclosure of Asserted

Claims and Infringement Contentions, dated October 22, 2009.
50.

Attached as Exhibit 47 is a true and correct copy of excerpts from the deposition

transcript of Wayne Westerman, dated November 17, 2010. (Filed Under Seal)

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51.

Attached as Exhibit 48 is a true and correct copy of U.S. Patent No. 5,463,388.

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52.

Pursuant to the protective order, we have not filed the Apple Source Code under

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seal. If the Court wishes to examine the Code, we will meet and confer with Apple and file the

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code under seal.

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I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct.
Executed this 24th day of May, 2011 at Menlo Park, California.

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DATED: May 24, 2011

Respectfully submitted,
ALSTON & BIRD LLP

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By:

/s/ Jennifer Liu
Jennifer Liu
Attorneys for Plaintiff
ELAN MICROELECTRONICS CORPORATION

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AMENDED DECL. OF JENNIFER LIU ISO ELAN’S MOT. FOR
PARTIAL SUMMARY JUDGMENT OF INFRINGEMENT

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