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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1 2 3 4 5 6 7 8 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 9 10 Attorneys for Defendant and Counterclaim Plaintiff Apple Inc. 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 SAN FRANCISCO DIVISION 14 ELAN MICROELECTRONICS CORPORATION, 15 Plaintiff and Counterclaim Defendant, 16 17 18 19 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. 20 DATE: TIME: JUDGE: CTRM: 21 22 July 14, 2011 1:30 p.m. Hon. Richard Seeborg 3, 17th Floor 23 24 25 26 27 28 WALTER DECLARATION ISO APPLE INC.’S OPPOSITION TO MOTION FOR PARTIAL SUMMARY JUDGMENT Case No. C-09-01531 RS (PSG) 1 I, Derek C. Walter, declare: 2 I am an attorney with the law firm of Weil, Gotshal & Manges LLP, counsel of 3 record for Defendant and Counter-Claimant Apple Inc. (“Apple”) in the above-captioned matter. 4 I submit this declaration based on personal knowledge and following a reasonable investigation. 5 If called upon as a witness, I could competently testify to the truth of each statement herein. 6 7 1. deposition of Robert Dezmelyk, recorded May, 24, 2011, Filed Under Seal. 8 9 2. Attached as Exhibit B is a true and correct copy of U.S. Patent No. 5,825,352, issued October 20, 1998. 10 11 Attached as Exhibit A is a true and correct copy of the transcript of the 3. 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. 12 4. Attached as Exhibit D is a true and correct copy of an an illustrative 13 exhibit marked as number 13 during the deposition of Robert Dezmelyk, May, 24, 2011, Filed 14 Under Seal. 15 16 17 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. 6. Attached as Exhibit F is a true and correct copy of excerpts from 18 Westerman, Wayne, “Hand Tracking, Finger Identification, and Chordic Manipulation on a 19 Multi-Touch Surface,” dated Spring 1999. 20 21 22 23 24 25 26 27 28 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. 8. 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. 9. 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. 10. 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. 11. 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 1 Case No. C-09-01531 RS (PSG) 1 Microelectronics Corporation’s Post Hearing Brief in ITC Investigation No. 337-TA-714, dated 2 March 4, 2011. 3 12. Attached as Exhibit L is a true and correct copy of excerpts from the 4 transcript of the deposition of Wayne Westerman, recorded on November 17, 2010, Filed Under 5 Seal. 6 7 8 9 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. 10 /s/ Derek C. Walter Derek C. Walter 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WALTER DECLARATION ISO APPLE INC.’S OPPOSITION TO MOTION FOR PARTIAL SUMMARY JUDGMENT 2 Case No. C-09-01531 RS (PSG)

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