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 M

Browder, Sissel
From:
Sent:
To:
Cc:
Subject:

Walter, Derek [[e-mail]]
Monday, May 23, 2011 10:45 AM
Rathinasamy, Palani P.; Elan Apple Team
Apple Elan WGM Service
RE:

Palani:
As indicated in your April 12 email below, it was contemplated that there would be additional
meet and confer regarding the contours and details of Elan's ongoing testing of the
tool following your initial informal inspection.
Two additional issues are raised by your request to continue your
May 25.

inspection on

First, and most important, you state that you would like to have your expert witness review
the tool on May 25. Unfortunately, any inspection by your expert witness is materially
different from the informal inspection that you recently conducted. In particular, any
inspection by your expert, regardless of whether he is able to collect printed data, will
inform and provide the basis for the testimony he ultimately provides in this case. As such,
it would be to the benefit of both parties if a detailed and thorough record of any such
inspections is made. To this end, Apple proposes that any expert inspections be videotaped.
Unfortunately, we will not be able to set this up by May 25.
Second, you request that Apple make the tool available with an iPhone and iPad. We have
investigated whether the tool can be used with these products, and we have determined that
there are a number of additional steps that must be carried out before it will even be
possible for us to do this. While we are continuing to investigate this possibility, we will
not be able to make the tool available for use with these products on May 25.
Given the foregoing, we cannot provide the
for inspection on May 25. However, if
you confirm that you will agree to the videotaping of any expert inspections, we will
continue to work on providing the
tool with a iPhone and iPad. In addition, we
will work with you to identify another mutually agreeable date for your ongoing inspection.
Thanks,
Derek
-----Original Message----From: Rathinasamy, Palani P. [mailto:[e-mail]]
Sent: Wednesday, May 18, 2011 5:11 PM
To: Walter, Derek
Cc: Apple Elan WGM Service; Elan Apple Team
Subject: RE:
Derek,
As you know, we made a brief inspection of one version of the
tool last
week. While the software was running on a MacBook and its associated touch screen, there was
no capacity to use the tool with any iOS products (iPhone, iPad, etc.). Your colleague who
was present said that he would look into making the tool available for those products, but we
have heard nothing further.
1

We would like to continue our inspection on Wednesday, May 25 at 9:30 AM. We request that
the tool be made available on an iPhone and iPad in addition to the MacBook Pro. As Mr.
Dezmelyk will be in Silicon Valley for his deposition, he will join us at this inspection.
Consistent with our earlier agreement that we will make no printouts of the data we view.
Thereafter, we can meet and confer regarding how Elan will specify data from the
tool for production. Please confirm that this date will work for Apple.
Thanks,
Palani
-----Original Message----From: Walter, Derek [mailto:[e-mail]]
Sent: Tuesday, May 03, 2011 6:01 PM
To: Rathinasamy, Palani P.
Cc: Apple Elan WGM Service; Elan Apple Team
Subject: RE:
Palani:
We can make the tool available for inspection on Wednesday, May 11 at 9:30 AM.
confirm that this date will work for Elan.

Please

Thanks,
Derek
-----Original Message----From: Rathinasamy, Palani P. [mailto:[e-mail]]
Sent: Monday, May 02, 2011 6:48 PM
To: Walter, Derek
Cc: Apple Elan WGM Service; Elan Apple Team
Subject: RE:
Derek,
Please change our request to inspect the
9:30 AM at Weil's Silicon Valley Offices.

tool to Tuesday, May 10th at

Thanks,
Palani
-----Original Message----From: Rathinasamy, Palani P.
Sent: Monday, May 02, 2011 12:02 PM
To: 'Walter, Derek'
Cc: Apple Elan WGM Service; Elan Apple Team
Subject: 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,
2

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
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
3

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 [phone]) or by electronic mail
([e-mail]), 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 ([e-mail]), and destroy the original message. Thank you.
*******************************************************
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 [phone]) or by electronic mail
([e-mail]), 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 ([e-mail]), and destroy the original message. 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 ([e-mail]), and destroy the original message. Thank you.

4