Elan Microelectronics Corporation v. Apple, Inc.

Filing 225

Declaration of Derek Walter In Support of Apple Inc.'s Motion to Compel (1) Discovery Relating to US Sales; (2) Documents Improperly Withheld on the Basis of Privilege; and (3) Inventor Depositions filed byApple, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 3, # 3 Exhibit 5, # 4 Exhibit 6, # 5 Exhibit 7, # 6 Exhibit 9, # 7 Exhibit 10, # 8 Exhibit 15, # 9 Exhibit 22, # 10 Exhibit 24, # 11 Exhibit 28, # 12 Exhibit 29, # 13 Exhibit 30, # 14 Exhibit 31, # 15 Exhibit 32, # 16 Exhibit 33, # 17 Exhibit 36)(Greenblatt, Nathan) (Filed on 5/31/2011)

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MATThEW D. POWERS (Bar No. 104795)
matthew.powers1áwei1 .com
JARFI) BOBROW (Bar No. 13371 2)
jared .bobrow@wei I .com
SONAL N. MEHTA (Bar No. 222086)
[e-mail]
DEREK C. WALTER (Bar. No. 246322)
[e-mail]
STEFANI SMITH (Bar No. 251305)
Email: [e-mail]
NATHAN GREENBLATT (Bar No. 262279)
[e-mail]
WElL, GOTSHAL & MANGES LLP
Silicon Valley Office
201 Redwood Shores Parkway
Redwood Shores, CA 94065
Telephone: [phone]
Facsimile: (650) 8023 100

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Attorneys for Defendant and Counterclaim Plaintiff
Apple Inc.

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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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ELAN MICROELECTRONICS
CORPORATION,

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Plaintiff and Counterclaim
Defendant,

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V.

APPLE INC.,

Case No. C-09-01 531 RS (PSG)

DECLARATION OF DEREK WALTER
IN SUPPORT OF APPLE INC.'S
MOTION TO COMPEL (1)
DISCOVERY RELATING TO US
SALES; (2) DOCUMENTS
IMPROPERLY WITHHELD ON THE
BASIS OF PRIVILEGE; AND (3)
INVENTOR DEPOSITIONS

Defendant and Counterclaim
Plaintiff.

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DATE:
TIME:
JUDGE:
CTRM:

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July 5,2011
10:00a.m.
Hon. Paul Singh Grewal
5,4thFloor

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DEC1.ARATION OF DEREK WALTER IN SUPPORT OF
APPLE INCS MOTION TO COMPEL

Case No C-090I53I RS (PSG)

I, Derek C. Walter, declare:
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I am an attorney with the law firm of Weil, Gotshal & Manges LLP, counsel of

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record for Defendant and Counter-Claimant Apple Inc. ("Apple") in the above-captioned matter.

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submit this declaration based on personal knowledge and following a reasonable investigation.

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If called upon as a witness, I could competently testify to the truth of each statement herein.

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Attached as Exhibit I is a true and correct copy of Apple's First Set of
Interrogatories to Elan, dated August, 21, 2009.
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AUached as Exhibit 2 is a true and correct copy of an email chain between

Jane Bu and Derek Walter, which includes emails dated April 7,2011, April 15, 2011, April 20,
2011, May 4,2011 and May 5,2011, Filed Under Seal.
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Attached as Exhibit 3 is a true and correct copy of an email from Mehta

Sonal to Augie Rakow, dated March 2, 2010.
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Attached as Exhibit 4 is a true and correct copy of an email from Derek

Walter to Sean DeBruine, dated March 29, 2011, Filed Under Seal.
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Attached as Exhibit 5 is a true and correct copy of Declaration of Ian

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Chung from Elan Microelectronics Corporation v. Pixcir Microelectronics Co. Lid, No. 2: 1 0-cv-

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00014.-GN{N, (D. Nev.), dated November 22, 2010.

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6.

Attached as Exhibit 6 is a true and correct copy of Elan's Surreply In

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Opposition to Pixcir's Reply In Support of Motion to Dismiss from Elan Microelectronics

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Corporation v. Pixcir Microelectronics Co. Ltd, No. 2:10-cv-00014-GMN, (D. Nev.), dated

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November 22, 2010.

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7.

Attached as Exhibit 7 is a true and correct copy of Elan's Opposition to

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Pixcir's Motion to Dismiss from Elan Microelectronics Corporation v. Pixcir Microelectronics

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Co. Ltd, No. 2:10-cv-00014-GMN, (D. Nev.), dated October21, 2010.

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8.

Attached as Exhibit 8 is a true and correct copy of LH. Yeh's deposition

transcript, taken on November 17, 2010, Filed Under Seal.
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Attached as Exhibit 9 is a true and correct copy of Elan's Supplemental

Disclosure of Asserted Claims and tnfringement Contentions, dated December II, 2009.
DECLARATION OF DEREK WALTER IN SUPPORT OF
APPLE INC'S MOTION 10 COMPEL

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Case No C-09-01531 RS(PSG)

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Attached as Exhibit 10 is a true and correct copy of Elan's Third

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Supplemental Objections and Responses to Apple's First Set of Interrogatories, dated May 13,

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2011,

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Attached as Exhibit 11 is a true and correct copy of Jan Chung's

deposition transcript, taken on November 15, 2010, Filed Under Seal.
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Attached as Exhibit 12 is a true and correct copy of an email chain

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between Elan and Dell, and correspondence with I.H. Yeh, which includes emails dated June 26,

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2008, June 27, 2008, June 30, 2008, July 1, 2008, July 3, 2008, July 4, 2008, July 7, 2008,

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July 12, 2008 and July 15, 2008, Filed Under Seal.

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Attached as Exhibit 13 is a true and correct copy of an email chain

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between Elan and Dell, which includes emails dated February 27, 2009, March 5, 2009, March 6,

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2009 and March 9, 2009, Filed Under Seal.

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Attached as Exhibit 14 is a true and correct copy of Elan's presentation

slides, bearing numbers ELN470964 through ELN471063, Filed Under Seal.
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Attached as Exhibit 15 is a true and correct copy of an email chain from

Jane Bu to Nathan Greenblatt, dated May 27th, 2011.
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Attached as Exhibit 16 is a true and correct copy of Elan's presentation

slides, bearing numbers ELN350 108 through ELN350163, Filed Under Seal.
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Attached as Exhibit 17 is a true and correct copy of I.H. Yeh's deposition

transcript, taken on November 18, 2010, Filed Under Seal.
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Attached as Exhibit 18 is a true and correct copy of Elan's presentation

slides, bearing numbers ELN53 1113 through ELN53 1164, Filed Under Seal,
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Attached as Exhibit 19 is a true and correct copy of an email chain

between Elan and Sinbon, dated December 9, 2008, Filed Under Seal.
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Attached as Exhibit 20 is a true and correct copy of an email chain

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between Elan and Garmin, dated July 17, 2008, July 18, 2008, July 22, 2008, July 24, 2008,

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July 25, 2008, July 30, 2008, August 1, 2008 and August 4, 2008, Filed Under Seal,

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Attached as Exhibit 21 is a true and correct copy of Elan's presentation

DFCLARATION OF DEREK WALTER IN SUPPORT OF
APPL[ INC S MOTION TO COMPEL

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Case No C-09-01531 RS(PSG)

slides, bearing numbers ELN437263 through ELN437292, Filed Under Seal.
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Attached as Exhibit 22 is a true and correct copy of a letter from Jane Bu

to Nathan Greenblatt, dated September 17, 2010.

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Attached as Exhibit 23 is a true and correct copy of Elan's Updated

Privilege Log, dated September 1, 2010, Filed Under Seal.
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inc., etal. v. Mascon, inc., etal., 2009 U.S. Dist. LEXIS 92971.

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Attached as Exhibit 26 is a true and correct copy of Elan's Privilege Log,

dated October 25, 2010, Filed Under Seal.

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Attached as Exhibit 25 is a true and correct copy of Elan's Updated

Privilege Log, dated July 1,2010, Filed Under Seal.

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Attached as Exhibit 24 is a true and correct copy of Pulse Engineering,

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Attached as Exhibit 27 is a true and correct copy of Wayne Chang's

deposition transcript, taken on November 15, 2010, Filed Under Seal.

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Attached as Exhibit 28 is a true and correct copy of Elan's Second

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Supplemental Objections and Responses to Apple's First Set of Interrogatories, dated June 24,

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2010,

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Attached as Exhibit 29 is a true and correct copy of excerpts from Edna

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Selan Epstein, The Attorney_Client Privilege and the Work-Product Doctrine, Volumes 1 & 2,

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(American Bar Association 2007) at 211-216, 824-826.

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30.

Attached as Exhibit 30 is a true and correct copy of an email chain

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between Jane Bu and Derek Walter, which includes emails dated April 19, 2011, April 26, 2011,

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May 10, 2011 and May 23,2011.

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31.

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Attached as Exhibit 31 is a true and correct copy of the 7,274,353 patent

assignment agreement, dated September 24, 2003.
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Attached as Exhibit 32 is a true and correct copy of Amgen, Inc. v. Ariad

Pharmaceuticals, inc., ci al., 2007 U.S. Dist. LEXIS 35076.

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Attached as Exhibit 33 is a true and correct copy of in re l/fedipine

Capsule Patent Litigation, ci al., 1989 U.S. Dist,. LEXIS 11061.
DECLARATION OF DEREK WALTER IN SUPPORT OF
APPLE INC S MOTION TO COMPEL

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Case No. C-09.0 1531 R5 (PSG)

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Attached as Exhibit 34 is a true and correct copy of the 7,274,353 patent

Information Disclosure Statement, dated February 12, 2003, Filed Under Seal.

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Attached as Exhibit 35 is a true and correct copy of an email chain

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between Jane Bu and Nathan Greenblatt, which includes emails dated October 1, 2010, October

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15, 2010, December 3, 2010, January 3, 2011, January 5, 2011, and January 6, 2011, Filed

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Under Seal.

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Attached as Exhibit 36 is a true and correct copy of an email chain

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between Jane Bu and Nathan Grecnblatt, which includes emails dated May 25, 2011, May 28,

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2011, and May 31, 2011.

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I declare under the penalty of perjury under the laws of the United States of
America that the foregoing is true arid correct.
Executed on May 31, 2011, at Redwood Shores, California.

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/s/ Derek C. Walter
Derek C. Walter

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DECLARATION OF DEREK WALTER IN SUPPORT OF
APPLE [NC S MOTION TO COMPEL.

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Case No C-09-01 531 RS (PSG)

CERTIFICATE OF SERVICE
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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. 1 am
not a party to the within cause, and I am over the age of eighteen years. I further declare that on
May 31, 2011 , I served a copy of:

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DECLARATION OF DEREK WALTER IN SUPPORT OF APPLE INC.'S
MOTION TO COMPEL (1) DISCOVERY RELATING TO US SALES;
(2) DOCUMENTS IMPROPERLY WITHHELD ON THE BASIS OF PRIVILEGE; AND
(3) INVENTOR DEPOSITIONS
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
275 Middlefield Road I Suite 150 1 Menlo Park, CA 94025
650-838-2019 Direct
650-838-2001 Fax
[e-mail]

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I declare under penalty of perjury under the laws of the United States of America
that the foregoing is true and correct.
Executed on May 31, 2011, at Redwood Shores, California.

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Edna Ang

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DECLARATION OF DEREK WALTER IN SUPPORT OF
APPLE INC S MOTION TO COMPEL

Case No. C-09-0I53I RS(PSG)