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)

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:[e-mail]]
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:[e-mail]]
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
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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
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