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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EXHIBIT J Browder, Sissel From: Sent: To: Cc: Subject: Rathinasamy, Palani P. Monday, May 02, 2011 12:02 PM Walter, Derek Apple Elan WGM Service; Elan Apple Team RE: Derek, We would like to inspect the Weil's Silicon Valley Offices. tool on Monday, May 9th at 9:30 AM at Can the review room be available then? Best, Palani -----Original Message----From: Walter, Derek [mailto:Derek.Walter@weil.com] Sent: Friday, April 15, 2011 5:38 PM To: Rathinasamy, Palani P.; Elan Apple Team Cc: Apple Elan WGM Service Subject: RE: Palani: We can provide Elan with an informal inspection of the tool, subject to a few additional parameters. As you state below, your initial inspection is simply for the purposes of getting familiar with the tool and its capabilities. As such, the initial inspection will not be for the purpose of collecting any evidence. For instance, to the extent the tool is capable of generating data printouts, no such printouts will be allowed during the initial inspection. In these circumstances, the initial inspection will be restricted to outside counsel only, and not expert witnesses. During the initial inspection, outside counsel for Apple will be present not just to monitor, but to answer any basic questions you may have regarding operation of the tool. To the extent we are unable to answer your questions, we will do our best to find answers as quickly as possible. We propose to conduct the inspection here at Weil's Silicon Valley Offices. Thanks, Derek -----Original Message----From: Rathinasamy, Palani P. [mailto:Palani.Rathinasamy@alston.com] Sent: Tuesday, April 12, 2011 7:41 AM To: Walter, Derek Cc: Apple Elan WGM Service; Elan Apple Team Subject: Derek, We have re-reviewed the documents you identified during the meet and confer last Tuesday, April 5, regarding the tool. As we discussed during the call, although 1 we are agreeable to the method Sonal proposed for the inspection of the tool, without seeing or using the actual tool, we cannot meaningfully propose a test protocol as requested. As such, for a starting point, we propose to have an initial inspection of the tool, at the facility of Apple's choice, subject to the source code provision of the protective order, for our outside counsel and/or expert to simply get familiar with the operation of the tool. After the initial inspection, the parties then can meet and confer to agree upon the contour and details of the live testing and the related document production resulted from such tests. Please let us know by Friday, April 15, whether you are agreeable to this proposal. Thanks, Palani ******************************************************* IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS and other taxing authorities, we inform you that any tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties that may be imposed on any taxpayer or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. ______________________________________________________ NOTICE: This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (404-881-7000) or by electronic mail (postmaster@alston.com), and delete this message and all copies and backups thereof. Thank you. The information contained in this email message is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by email (postmaster@weil.com), and destroy the original message. Thank you. 2

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