Elan Microelectronics Corporation v. Apple, Inc.
Filing
236
Declaration of Derek Walter IN SUPPORT OF APPLE INC'S OPPOSITION TO ELAN MICROELECTRONICS CORPORATION'S MOTION FOR PARTIAL SUMMARY JUDGMENT OF INFRINGEMENT OF U.S. PATENT 5,825,352] filed byApple, Inc.. (Attachments: # 1 Exhibit B, # 2 Exhibit C, # 3 Exhibit E, # 4 Exhibit F, # 5 Exhibit I, # 6 Exhibit J, # 7 Exhibit K)(Greenblatt, Nathan) (Filed on 6/2/2011)
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MATTHEW D. POWERS (Bar No. 104795)
matthew.powers@weil.com
JARED BOBROW (Bar No. 133712)
jared.bobrow@weil.com
SONAL N. MEHTA (Bar No. 222086)
sonal.mehta@weil.com
DEREK C. WALTER (Bar. No. 246322)
derek.walter@weil.com
NATHAN GREENBLATT (Bar No. 262279)
nathan.greenblatt@weil.com
WEIL, GOTSHAL & MANGES LLP
Silicon Valley Office
201 Redwood Shores Parkway
Redwood Shores, CA 94065
Telephone: (650) 802-3000
Facsimile: (650) 802-3100
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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 FRANCISCO 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-09-01531 RS (PSG)
DECLARATION OF DEREK WALTER
IN SUPPORT OF APPLE INC.’S
OPPOSITION TO ELAN
MICROELECTRONICS
CORPORATION’S MOTION FOR
PARTIAL SUMMARY JUDGMENT OF
INFRINGEMENT OF U.S. PATENT
5,825,352
Defendant and Counterclaim
Plaintiff.
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DATE:
TIME:
JUDGE:
CTRM:
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July 14, 2011
1:30 p.m.
Hon. Richard Seeborg
3, 17th Floor
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WALTER DECLARATION ISO APPLE INC.’S OPPOSITION
TO MOTION FOR PARTIAL SUMMARY JUDGMENT
Case No. C-09-01531 RS (PSG)
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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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I 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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deposition of Robert Dezmelyk, recorded May, 24, 2011, Filed Under Seal.
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2.
Attached as Exhibit B is a true and correct copy of U.S. Patent No.
5,825,352, issued October 20, 1998.
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Attached as Exhibit A is a true and correct copy of the transcript of the
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Attached as Exhibit C is a true and correct copy of excerpts from the
transcript of the hearing in ITC Investigation No. 337-TA-714, dated February 16, 2011.
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4.
Attached as Exhibit D is a true and correct copy of an an illustrative
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exhibit marked as number 13 during the deposition of Robert Dezmelyk, May, 24, 2011, Filed
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Under Seal.
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5.
Attached as Exhibit E is a true and correct copy of Order from Elantech
Devices Corp. v. Synaptics, Inc., No. C 06-01839-CRB, (N.D. Cal.), dated October 26, 2007.
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Attached as Exhibit F is a true and correct copy of excerpts from
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Westerman, Wayne, “Hand Tracking, Finger Identification, and Chordic Manipulation on a
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Multi-Touch Surface,” dated Spring 1999.
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7.
Attached as Exhibit G is a true and correct copy of an email message from
Daisuke Shudo to Apple Computer Inc., dated August 26, 2006, Filed Under Seal.
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Attached as Exhibit H is a true and correct copy of an email message from
Jayna Whitt to Sean DeBruine, dated August 22, 2007, Filed Under Seal.
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Attached as Exhibit I is a true and correct copy of Order No. 17 (Claim
Construction) in ITC Investigation No. 337-TA-714, dated November 9, 2010.
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Attached as Exhibit J is a true and correct copy of Order No. 35 in ITC
Investigation No. 337-TA-714, dated March, 7, 2011.
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Attached as Exhibit K is a true and correct copy of excerpts from Elan
WALTER DECLARATION ISO APPLE INC.’S OPPOSITION
TO MOTION FOR PARTIAL SUMMARY JUDGMENT
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Case No. C-09-01531 RS (PSG)
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Microelectronics Corporation’s Post Hearing Brief in ITC Investigation No. 337-TA-714, dated
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March 4, 2011.
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Attached as Exhibit L is a true and correct copy of excerpts from the
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transcript of the deposition of Wayne Westerman, recorded on November 17, 2010, Filed Under
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Seal.
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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 and correct.
Executed on June 2, 2011, at Redwood Shores, California.
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/s/ Derek C. Walter
Derek C. Walter
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WALTER DECLARATION ISO APPLE INC.’S OPPOSITION
TO MOTION FOR PARTIAL SUMMARY JUDGMENT
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Case No. C-09-01531 RS (PSG)
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