Elan Microelectronics Corporation v. Apple, Inc.

Filing 251

Declaration of Palani P. Rathinasamy in Support of 249 MOTION to Compel Apple, Inc. to Produce Testing Tool (Public Version) filed byElan Microelectronics Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q)(Related document(s) 249 ) (Rathinasamy, Palani) (Filed on 6/7/2011)

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YITAI HU (SBN 248085)
[e-mail]
SEAN P. DEBRUINE (SBN 168071)
[e-mail]
ELIZABETH H. RADER (SBN 184963)
[e-mail]
JANE HAN BU (SBN 240081)
[e-mail]
JENNIFER LIU (SBN 268990)
[e-mail]
PALANI P. RATHINASAMY (SBN 269852)
[e-mail]
ALSTON & BIRD LLP
275 Middlefield Road, Suite 150
Menlo Park, CA 94025-4008
Telephone:
650-838-2000
Facsimile:
650-838-2001
Attorneys for Plaintiff and Counterdefendant
ELAN MICROELECTRONICS
CORPORATION

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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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DECLARATION OF PALANI P.
RATHINASAMY IN SUPPORT OF
PLAINTIFF ELAN
MICROELECTRONICS
CORPORATION’S MOTION TO
COMPEL APPLE, INC. TO PRODUCE
TESTING TOOL

Plaintiff and Counterdefendant,

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Case No. 5:09-cv-01531 RS (PSG)

ELAN MICROELECTRONICS
CORPORATION,

v.
APPLE, INC.,
Defendant and Counterplaintiff.

[PUBLIC VERSION]

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Date: June 7, 2011
Time: 2:00 p.m.
Courtroom 5
Hon. Paul S. Grewal

AND RELATED COUNTERCLAIMS

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DECL. OF PALANI P. RATHINASAMY ISO ELAN’S MOT. TO
COMPEL APPLE, INC. TO PRODUCE TESTING TOOL

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Case No. 5:09-cv-01531 RS (PSG)

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I, Palani P. Rathinasamy, declare as follows:

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1.

I am an attorney with the law firm of Alston & Bird LLP, counsel to Elan

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Microelectronics Corporation (“Elan”) in this action. I have personal knowledge of the following

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facts and, if called to testify, I could and would testify competently to the matters stated herein.

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2.

Elan is alleging that Apple, Inc. (“Apple”) infringes two patents, including United

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States Patent No. 5,825,352 (“the 352 patent”) by selling certain products including capacitive

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finger sensing input devices (Dkt. No. 1). The accused Apple products include at least its

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MacBook line of laptop computers, as well as the products with a touch screen input, such as the

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iPhone and iPod touch. Also accused are other peripheral touch sensors, such as the Magic

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TrackPad and Magic Mouse.
3.

Attached as Exhibit A is a true and correct copy of Elan Microelectronics

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Corporation’s First Request for Documents and Things to Apple, Inc. [Nos. 1-65] Request Nos. 20

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and 21, dated August 6, 2009.

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4.

Attached as Exhibit B is a true and correct copy of Apple Inc.’s Responses and

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Objections to Request Nos. 20 and 21 from Elan Microelectronics Corporation’s First Request for

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Documents and Things to Apple, Inc. [Nos. 1-65], dated September 8, 2009.

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5.

Elan instigated an investigation in the United States International Trade

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Commission (“ITC”) on Apple’s infringement of the 352 patent, Certain Electronic Devices with

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Multi-Touch Enabled Touchpads and Touchscreens, Inv. No. 337-TA-714. The discovery cut off

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in the ITC case was November 15, 2010, with a November 10, 2010 deadline for motions to

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compel. Apple produced a user manual relating to the

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2010 along with more than 250,000 pages of other documents. Elan deposed Mr. Wayne

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Westerman on November 17, 2010 and expert depositions were conducted in early December,

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2010. The evidentiary hearing was conducted from February 15-18, 2011.

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6.

on November 12,

Attached as Exhibit C is a true and correct copy of excerpts from the trial transcript

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of Wayne Westerman in the parties’ parallel case in the USITC, Certain Electronic Devices with

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Multi-Touch Enabled Touchpads and Touchscreens, Inv. No. 337-TA-714, dated February 16,

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2011. (Filed Under Seal)
DECL. OF PALANI P. RATHINASAMY ISO ELAN’S MOT. TO
COMPEL APPLE, INC. TO PRODUCE TESTING TOOL

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Case No. 5:09-cv-01531 RS (PSG)

7.

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Attached as Exhibit D is a true and correct copy of relevant pages from Apple’s

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Posthearing Brief in the parties’ parallel case in the USITC, Certain Electronic Devices with

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Multi-Touch Enabled Touchpads and Touchscreens, Inv. No. 337-TA-714, dated March 4, 2011.

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(Filed Under Seal)
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Attached as Exhibit E is a true and correct copy of a letter from Elan’s counsel, Mr.

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Sean P. DeBruine to Apple’s counsel, Ms. Sonal N. Mehta, dated March 17, 2011. (Filed Under

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Seal)

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9.

Attached as Exhibit F is a true and correct copy of an email from Mr. DeBruine to

Ms. Mehta, dated March 26, 2011. (Filed Under Seal)
10.

Attached as Exhibit G is a true and correct copy of an email from Ms. Mehta

responding to Mr. DeBruine, dated April 4, 2011. (Filed Under Seal)
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On April 5, 2011, I participated in a telephonic meet and confer with Counsel from

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Apple. In that call, Apple would not produce a copy of the

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requested an inspection procedure for the tool at Apple’s facility or at Apple’s counsel’s office. I

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understood that Apple was requesting a procedure consistent with the provisions in the Amended

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stipulated Protective Order governing Source Code. In an effort of compromise, the parties agreed

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that Elan would propose an inspection procedure for the

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and

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Attached as Exhibit H is a true and correct copy of an email from me to Apple’s

counsel, Mr. Derek Walter, dated April 12, 2011. (Filed Under Seal)
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Attached as Exhibit I is a true and correct copy of an email from Mr. Walter to me,

dated April 15, 2011. (Filed Under Seal)
14.

Attached as Exhibit J is a true and correct copy of an email from me to Mr. Walter,

dated May 2, 2011. (Filed Under Seal)
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On May 11, 2011, my colleague Mr. Sean DeBruine and I inspected the
at Apple’s counsel’s office in Redwood Shores. During the inspection, Apple

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provided only the

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with the touchpad on that computer. Apple’s Counsel did not have the

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for use with any of the other Accused Products. Mr. DeBruine asked Apple’s Counsel that the
DECL. OF PALANI P. RATHINASAMY ISO ELAN’S MOT. TO
COMPEL APPLE, INC. TO PRODUCE TESTING TOOL

running on a MacBook computer and working only

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tool available

Case No. 5:09-cv-01531 RS (PSG)

be made available for the other Accused Products. Apple’s Counsel stated that

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Apple would get back to Elan.
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Attached as Exhibit K is a true and correct copy of an email from me to Mr. Walter,

dated May 18, 2011. (Filed Under Seal)
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Attached as Exhibit L is a true and correct copy of an email me to Mr. Walter,

dated May 23, 2011. (Filed Under Seal)
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Attached as Exhibit M is a true and correct copy of an email from Mr. Walter to me,

dated May 23, 2011. (Filed Under Seal)
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Attached as Exhibit N is a true and correct copy of an email from me to Mr. Walter,

dated May 23, 2011. (Filed Under Seal)
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Attached as Exhibit O is a true and correct copy of an email from Mr. Walter to me,

dated May 24, 2011. (Filed Under Seal)
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Attached as Exhibit P is a true and correct copy of an email from Mr. DeBruine to

Mr. Walter, dated May 24, 2011. (Filed Under Seal)
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Attached as Exhibit Q is a true and correct copy of the news release entitled “Weil

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Patent Litigation Partners Named Top IP Lawyers in California” available at

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http://www.weil.com/news/newsdetail.aspx?news=39934.

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I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct.
Executed this 27th day of May, 2011 at Menlo Park, California.

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DATED: May 27, 2011

Respectfully submitted,
ALSTON & BIRD LLP

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By:

/s/ Palani P. Rathinasamy
Palani P. Rathinasamy
Attorneys for Plaintiff
ELAN MICROELECTRONICS CORPORATION

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DECL. OF PALANI P. RATHINASAMY ISO ELAN’S MOT. TO
COMPEL APPLE, INC. TO PRODUCE TESTING TOOL

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Case No. 5:09-cv-01531 RS (PSG)