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)

EXHIBIT 5

Case 2:10-cv-00014-GMN -PAL Document 29

2

Filed 11/22/10 Page 39 of 41

SEAN P. DEBRUINE (admìttedpro hac vIce)
sean.debruine(êalston.com
ALSTON & BIR LLP
275 Middlefield Road, Suite 150

3

Menlo Park, Califomia 94025

4

Telephone: [phone]
Facsimile: 650-838-200 I

5

ROBERT J. CALDWELL (Bar No. 007637)

6

rcaldwell(êklevada.com
MATTHEW J. CHRSTIAN (Bar No. 008024)
mchristian(êklnevada.com

7
8
9

KOLESAR & LEATHAM, CHTD.
3320 W. Sahara Avenue, Suite 380
Las Vegas, Nevada 89102
Telephone: [phone]
Facsimile: [phone]

io
II

Attorneys for Plaintiff and Counterdefendant
ELAN MICROELECTRONICS CORPORATION

12

UNITED STATES DISTRICT COURT

13

DISTRICT OF NEVADA

14

SOUTHERN DIVISION

15

16

17

ELAN MICROELECTRONICS
CORPORATION,

IO-cv-00014-GMN

DECLARATION OF IAN CHUNG

Plaintiff,

18

v.

19

20

Case No. 2:

PIXCIR MICROELECTRONICS CO. LTD,

Defendant.

2'
22

23 1, Ian Chung, declare as follows:
1.

24
25 plaintiff

I am an Assistant Director of the Marketing and Product Planning Department at
the following

Elan Microelectronics Corporation ("Elan"). I have personal knowledge of

26 facts and if called to testify 1 could and would testify competently to the matters stated herein:
27

2.

Elan designs, mannfactures and sells a range of touch sensitive input devices, such

28 as touchpads for portable computers and touchscreens for mobile phones, media players and the

DECLARATION OF IAN CHUG

Case

No.

2:10-cv.00014 G

Case 2:10-cv-00014-GMN -PAL Document 29

Filed 11/22/10 Page 40 of 41

like. I have expenence marketing and sellng t:ese produclS at Elan and understand how Elan's
2 input devices are sold.

3 3. Elan does not sell its touchpad modules directly to the company whose name

4 appear on t:e finished product. For example, Dell, Inc. has sold computer models that
5 incorporate Elan touchpads in the United States and elsewhere, but Dell does not purchase t:ose

6 touchpad modules directly from Elan. That is because Dell, and almost all ot:er computer and
7 consumer electronics companies, does not ilSelfmanufacture its products. Rather, a number of
8 contract manufacturers, often referred to as OEM manufacturers, manufacture the produclS to
9 Dell's specifications. In t:e case of

Elan's touchpads, the

manufacturer oft:e finished laptop

10 computer wil purchased t:e Elan touchpad modules. Some of t:ese sales are made directly to the

II OEM manufactuer, while others are made through distributors.
12 4. With a standard product such as a touchpad, t:e name brand company may provide

13 a general specification to the OEM manufacturer and allow t:e contract manufactuer to source

14 components accordingly. In such a situation Elan may not have any direct contact with the
is company whose brand wil appear on the finished prodnct. Elan will have contact with the OEM
the product and name brand under which

16 manufacturer. But in many cases, Elan will be aware of

17 it wil be sold. Elan will probably also know whether the product will be sold in the United States.

18 5. Other touch input produclS, such as touchscreens, are not stadard components.

19 Rather, they are custom designed to the specifications set by the ultimate brand company. In such
20 a case there wil be almost always be some direct contact between the brand company and the

21 component supplier to ensure that the touch sensor module works with the electronic device the

22 brad company intends to sell. That contact may not be with brand company representatives in
23 the United States. Rat:er, many of

those companies have employees in Taiwan and elsewhere in

24 Asia responsible for the sourcing of components and manufacturing of the end product.
25
26
27

28 /1/
DECLA nON OF IAN CHUNG

2

Case No. 2:10.cv-OOOI4 GMN

Case 2:10-cv-00014-GMN -PAL Document 29

Filed 11/22/10 Page 41 of 41

I swear under penalty of perjur under tbe laws oftbe United States and tbe State of
November, 2010 at

2 Nevada tbat tbe foregoing is tre and correct. Executed this 15th day of

3 Menlo Park, Californa.
4

;

rJ ýi \t\
~~í\1-/

6

Ian Chung

7
8

9

I~GJl02l32277033vl

10
11

12

13

14

l5
16

17

18

19

20
21

22
23

24

25
26
27
28

DECI.ARATION or- IAN CHUNG

3

Case No. 2:IO-c-ÐOOI4 GMN