Elan Microelectronics Corporation v. Apple, Inc.

Filing 227

Declaration of Nathan Greenblatt in Support of 216 Administrative Motion to File Under Seal /Elan Microelectronics Corporation's RENEWED Administrative Motion to File Portions or the Entirety of Papers in Support of Its Motion for Partial Summary Judgment of Infringement Under Seal filed byApple, Inc.. (Attachments: # 1 Proposed Order)(Related document(s) 216 ) (Greenblatt, Nathan) (Filed on 6/1/2011)

MATTHEW D. POWERS (Bar No. 104795)
[e-mail]
2 JARED BOBROW (Bar No. 133712)
[e-mail]
3 SONAL N. MEHTA (Bar No. 222086)
[e-mail]
4 DEREK C. WALTER (Bar. No. 246322)
[e-mail]
5
STEFANI SMITH (Bar No. 251305)
[e-mail]
6
NATHAN GREENBLATT (Bar No. 262279)
[e-mail]
7
WElL, GOTSHAL & MANGES LLP
Silicon Valley Office
8 201 Redwood Shores Parkway
Redwood Shores, CA 94065
9
Telephone: [phone]
Facsimile: [phone]
10
Attorneys for Defendant and Counterclaim Plaintiff
11
Apple Inc.
12

UNITED STATES DISTRICT COURT

13

NORTHERN DISTRICT OF CALIFORNIA

14

SAN FRANCISCO DIVISION

15

ELAN MICROELECTRONICS
CORPORATION,

16
Plaintiff aid Counterclaim
Defendant,

17
18
19
20

V.

APPLE INC.,
Defendant and Counterclaim
Plaintiff.

21

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

DECLARATION OF NATHAN
GREENBLATT IN SUPPORT OF
PLAINTIFF ELAN
MICROELECTRONICS
CORPORATION'S RENEWED
ADMINISTRATIVE MOTION TO
FILE PORTIONS OR THE ENTIRETY
OF PAPERS IN SUPPORT OF ITS
MOTION FOR PARTIAL SUMMARY
JUDGMENT OF INFRINGEMENT
UNDER SEAL

22
23
24
25
26
27
28
DECLARATION OF NATHAN GREENBLATT IN SUPPORT
OF ELANS RENEWED ADMINISTRATIVE MOTION TO
FILE PAPERS UNDER SEAL

Case No. C-09-0I531 R5 (PSG)

1

I, Nathan Greenblatt, declare:

2

I am an attorney at Weil, Gotshal & Manges LLP, counsel of record for Defendant

3

and Counter-Claimant Apple Inc. ("Apple") in the above-captioned matter. Pursuant to the

4

Court's Order dated May 11, 2011 (Dkt. No. 204), 1 met and conferred with Jennifer Liu, counsel

5

for Elan, regarding the filing under seal of Elan's Motion for Partial Summary Judgment of

6

Infringement of U.S. Patent 5,875,352 and supporting papers. 1 now submit this declaration

7

pursuant to Civil Local Rule 79-5(d) in support of "Plaintiff Elan Microelectronics Corporation's

8

Renewed Administrative Motion To File Portions Or The Entirety Of Papers In Support Of Its

9 Motion For Partial Summary Judgment Of Infringement Under Seal." (Dkt. No. 216).
10

1.

1 have reviewed Elan's Motion for Partial Summary Judgment of

Infringement of U.S. Patent 5,875,352 (partially redacted). Based on my review, the redacted
12

portions contain confidential information related to Apple's products, including information

13

regarding the operation of Apple's source code and codenames for accused products, that could

14

harm Apple if publicly disclosed.

15

2.

1 have reviewed the Declaration of Robert Dezmelyk in Support of Elan's

16

Motion for Partial Summary Judgment of Infringement (partially redacted).

17

review, the redacted portions contain confidential information related to Apple's products,

18

including information regarding the operation of Apple's source code and codenames for accused

Based on my

products, that could harm Apple if publicly disclosed.
20

3.

1 have reviewed Exhibit B to the Declaration of Robert Dezmelyk in

21

Support of Elan's Motion for Partial Summary Judgment of Infringement (partially redacted).

22

Based on my review, the redacted portions contain confidential information related to Apple's

23

products, including codenames, that could harm Apple if publicly disclosed.

24

4.

1 have reviewed the Amended Declaration of Jennifer Liu in Support of

25

Elan's Motion for Partial Summary Judgment of Infringement (partially redacted). Based on

26

my review, the redacted portions contain confidential information related to Apple's products,

27

including codenames, that could harm Apple if publicly disclosed.

No
DECLARATION OF NATHAN GREENBLATT [N SUPPORT
OF ELAN'S RENEWED ADMINISTRATIVE MOTION TO
FILE IAPERS UNDER SEAL

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

5.

1 have reviewed Exhibit 3 to the Declaration of Jennifer Liu in Support of

2

Elan's Motion for Partial Summary Judgment of Infringement (filed under seal). Based on my

3

review, the document contains confidential technical information related to Apple's products

4

which could harm Apple if publicly disclosed.

5

6.

1 have reviewed Exhibit 4 to the Declaration of Jennifer Liu in Support of

6

Elan's Motion for Partial Summary Judgment of Infringement (filed under seal). Based on my

7

review, the document contains sensitive business information including internal project code

8

names which could harm Apple if publicly disclosed.

9

7.

1 have reviewed Exhibit 5 to the Declaration of Jennifer Liu in Support of

10

Elan's Motion for Partial Summary Judgment of Infringement (filed under seal). Based on my

11

review, the document contains sensitive business information including internal project code

12

names which could harm Apple if publicly disclosed.

13

8.

I have reviewed Exhibit 6 to the Declaration of Jennifer Liu in Support of

14

Elan's Motion for Partial Summary Judgment of Infringement (filed under seal). Based on my

15

review, the document contains sensitive business information including internal project code

16

names which could harm Apple if publicly disclosed.

17

9.

I have reviewed Exhibit 23 to the Declaration of Jennifer Liu in Support of

18

Elan's Motion for Partial Summary Judgment of Infringement (filed under seal). Based on my

19

review, the document contains confidential technical information related to Apple's products

20

which could harm Apple if publicly disclosed.

21

10.

1 have reviewed Exhibit 24 to the Declaration of Jennifer Liu in Support of

22

Elan's Motion for Partial Summary Judgment of Infringement (filed under seal). Based on my

23

review, the document contains confidential technical information related to Apple's products

24

which could harm Apple if publicly disclosed.

25

11.

1 have reviewed Exhibit 25 to the Declaration of Jennifer Liu in Support of

26

Elan's Motion for Partial Summary Judgment of Infringement (filed under seal). Based on my

27

review, the document contains confidential technical information related to Apple's products

28

which could harm Apple if publicly disclosed.
DECLARATION OF NATHAN GREENBLATT IN SUPPORT
OF ELANS RENEWED ADMINISTRATIVE MOTION TO
FILE PAPERS UNDER SEAL

2

Case No. CM9-01531 R5 (PVT)

1

12.

1 have reviewed Exhibit 27 to the Declaration of Jennifer Liu in Support of

2

Elan's Motion for Partial Summary Judgment of Infringement (filed under seal). Based on my

3

review, the document contains confidential technical information related to Apple's products

4

which could harm Apple if publicly disclosed.

5

13.

1 have reviewed Exhibit 29 to the Declaration of Jennifer Liu in Support of

6

Elan's Motion for Partial Summary Judgment of Infringement (filed under seal). Based on my

7

review, the document contains confidential technical information related to Apple's products

8

which could harm Apple if publicly disclosed.

9

14.

1 have reviewed Exhibit 30 to the Declaration of Jennifer Liu in Support of

10

Elan's Motion for Partial Summary Judgment of Infringement (filed under seal). Based on my

11

review, the document contains confidential technical information related to Apple's products

12

which could harm Apple if publicly disclosed.

13

15.

1 have reviewed Exhibit 31 to the Declaration of Jennifer Liu in Support of

14

Elan's Motion for Partial Summary Judgment of Infringement (filed under seal). Based on my

15

review, the document contains confidential technical information related to Apple's products

16

which could harm Apple if publicly disclosed.

17

16.

I have reviewed Exhibit 32 to the Declaration of Jennifer Liu in Support of

18

Elan's Motion for Partial Summary Judgment of Infringement (filed under seal). Based on my

19

review, the document contains confidential technical information related to Apple's products

20

which could harm Apple if publicly disclosed.

21

17.

1 have reviewed Exhibit 33 to the Declaration of Jennifer Liu in Support of

22

Elan's Motion for Partial Summary Judgment of Infringement (filed under seal). Based on my

23

review, the document contains confidential technical information related to Apple's products

24

which could harm Apple if publicly disclosed.

25

18.

1 have reviewed Exhibit 34 to the Declaration of Jennifer Liu in Support of

26

Elan's Motion for Partial Summary Judgment of Infringement (partially redacted). Based on

27

my review, redacted portions on the first page of the document (bearing Bates number

28

APEL 1617587) contain confidential technical information related to Apple's products which
DECLARATION OF NATHAN GREENBLATT IN SUPPORT
OF ELAN'S RENEWED ADMINISTRATIVE MOTION TO
FILE PAPERS UNDER SEAL

3

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

1
2

could harm Apple if publicly disclosed.
19.

1 have reviewed Exhibit 35 to the Declaration of Jennifer Liu in Support of

3

Elan's Motion for Partial Summary Judgment of Infringement (filed under seal). Based on my

4

review, the document contains confidential technical information related to Apple's products

5

which could harm Apple if publicly disclosed.

6

20.

1 have reviewed Exhibit 36 to the Declaration of Jennifer Liu in Support of

7

Elan's Motion for Partial Summary Judgment of Infringement (filed under seal). Based on my

8

review, the document contains confidential technical information related to Apple's products

9

which could harm Apple if publicly disclosed.

10

21.

I have reviewed Exhibit 37 to the Declaration of Jennifer Liu in Support of

11

Elan's Motion for Partial Summary Judgment of Infringement (filed under seal). Based on my

12

review, the document contains confidential technical information related to Apple's products

13

which could harm Apple if publicly disclosed.

14

22.

1 have reviewed Exhibit 39 to the Declaration of Jennifer Liu in Support of

15

Elan's Motion for Partial Summary Judgment of Infringement (filed under seal). Based on my

16

review, the document contains confidential technical information related to Apple's products

17

which could harm Apple if publicly disclosed.

18

23.

I have reviewed Exhibit 40 to the Declaration of Jennifer Liu in Support of

19

Elan's Motion for Partial Summary Judgment of Infringement (filed under seal). Based on my

20

review, the document contains confidential technical information related to Apple's products

21

which could harm Apple if publicly disclosed.

22

24.

1 have reviewed Exhibit 41 to the Declaration of Jennifer Liu in Support of

23

Elan's Motion for Partial Summary Judgment of Infringement (filed under seal). Based on my

24

review, the document contains confidential technical information related to Apple's products

25

which could harm Apple if publicly disclosed.

26

25.

I have reviewed Exhibit 42 to the Declaration of Jennifer Liu in Support of

27

Elan's Motion for Partial Summary Judgment of Infringement (filed under seal). Based on my

28

review, the document contains confidential technical information related to Apple's products
DECLARATION OF NATHAN GREENBLATT IN SUPPORT
OF ELANS RENEWED ADMINISTRATIVE MOTION TO
FILE PAPERS UNDER SEAL

4

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

which could harm Apple if publicly disclosed.
2

26.

1 have reviewed Exhibit 43 to the Declaration of Jennifer Liu in Support of

3

Elan's Motion for Partial Summary Judgment of Infringement (filed under seal). Based on my

4

review, the document contains confidential technical information related to Apple's products

5

which could harm Apple if publicly disclosed.

6

27.

1 have reviewed Exhibit 44 to the Declaration of Jennifer Liu in Support of

7

Elan's Motion for Partial Summary Judgment of Infringement (filed under seal). Based on my

8

review, the document contains confidential technical information related to Apple's products

9

which could harm Apple if publicly disclosed.

10

28.

1 have reviewed Exhibit 45 to the Declaration of Jennifer Liu in Support of

11

Elan's Motion for Partial Summary Judgment of Infringement (filed under seal). Based on my

12

review, the document contains confidential technical information related to Apple's research and

13

development which could hami Apple if publicly disclosed.

14

29.

1 have reviewed Exhibit 47 to the Declaration of Jennifer Liu in Support of

15

Elan's Motion for Partial Summary Judgment of Infringement (filed under seal). Based on my

16

review, the document contains confidential technical information related to Apple's products

17

which could harm Apple if publicly disclosed.

18

30.

1 have reviewed Exhibit 28 to the Declaration of Jennifer Liu in Support of

19

Elan's Motion for Partial Summary Judgment of Infringement. Based on my review, the

20

document does not contain confidential information. Pursuant to Local Rule 79-5(d), Apple

21

withdraws the designation of confidentiality for Exhibit 28.

22

31.

I have reviewed Exhibit 38 to the Declaration of Jennifer Liu in Support

23

of Elan's Motion for Partial Summary Judgment of Infringement. Based on my review, the

24

document does not contain confidential information. Pursuant to Local Rule 79-5(d), Apple

25

withdraws the designation of confidentiality for Exhibit 38.

26
27
28
DECLARATION OF NATHAN GREENBLAYT [N SUPPORT
OF ELANS RENEWED ADM[NISTRATTVE MOTION TO
FILE PAPERS UNDER 5EAL

5

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

I declare under penalty of perjury of the laws of the United States of America that
2

the foregoing is true and correct and that the foregoing is executed on June 1, 2011, at Redwood

3

Shores, California.

4

DATED: June 1, 2011

Respectfully submitted,
WElL, GOTSHAL & MANGES LLP

5
6

Is! Nathan Greenblatt

7

Nathan Greenblatt
Attorney for Defendant and Counter-Claimant,
Apple Inc.

8
9
10
11
12
13
14
15

16
17
18
19
20
21
22
23
24
25

26
27
28
DECLARATION OF NATHAN GREENBLATT [N SUPPORT
OF ELANS RENEWED ADMINISTRATIVE MOTION TO
FILE PAPERS UNDER SEAL

6

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