Elan Microelectronics Corporation v. Apple, Inc.

Filing 26

Declaration of Sean P. DeBruine in Support of Reply in Support of its Motion to Dismiss Apple, Inc's Third, Fourth and Fifth Counterclaims Under Rule 12(b)(6) For Failure To State A Claim, Or In The Alternative, For More Definite Statement Under Rule 12(e) re 25 filed by Elan 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) (DeBruine, Sean) (Filed on 8/12/2009) Modified on 8/13/2009 (bw, COURT STAFF).

Elan Microelectronics Corporation v. Apple, Inc.

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Yitai Hu (SBN 248085) ([e-mail]) Sean P. DeBruine (SBN 168071) ([e-mail]) S.H. Michael Kim (SBN 203491) ([e-mail]) T. Hunter Jefferson (admitted pro hac vice) ([e-mail]) C. Augustine Rakow (SBN 254585) ([e-mail]) ALSTON + BIRD LLP Two Palo Alto Square 3000 El Camino Real, Suite 400 Palo Alto, California 94306 Telephone: [phone] Facsimile: 650-838-2001 Attorneys for Plaintiff and Counterdefendant ELAN MICROELECTRONICS CORPORATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ELAN MICROELECTRONICS CORPORATION, Plaintiff, v. APPLE, INC., Defendant. ) ) ) ) ) ) ) ) ) ) ) Case No. C-09-01531 RS DECLARATION OF SEAN P. DEBRUINE IN SUPPORT OF ELAN MICROELECTRONICS CORPORATION'S REPLY IN SUPPORT OF ITS MOTION TO DISMISS APPLE, INC.'S THIRD, FOURTH AND FIFTH COUNTERCLAIMS UNDER RULE 12(b)(6) FOR FAILURE TO STATE A CLAIM, OR IN THE ALTERNATIVE, FOR MORE DEFINITE STATEMENT UNDER RULE 12(e) Date: August 26, 2009 Time: 9:30 a.m. Courtroom: 4, 5th Floor The Honorable Richard Seeborg

APPLE, INC., Counterclaimant, v. ELAN MICROELECTRONICS CORPORATION, Counterdefendant.

) ) ) ) ) ) ) ) ) ) )

______________________________________________________________________________________________________________________________ DECLARATION OF SEAN P. DEBRUINE ISO ELAN'S REPLY ISO MOTION TO DISMISS COUNTERCLAIMS CASE NO.C-09-01531 RS UNDER RULE 12(b)(6) FOR FAILURE TO STATE A CLAIM

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I, Sean P. DeBruine, declare as follows: 1. I am a partner with the law firm of Alston & Bird LLP, counsel to Plaintiff and

Counterdefendant Elan Microelectronics Corp. in this matter. I have personal knowledge of the following facts and if called to testify I could and would testify competently to the matters stated below. 2. Apple has not asked me or my colleagues for any particular, additional information

regarding the structure or operation of Elan touchpad products potentially at issue in this lawsuit. 3. Attached hereto as Exhibit A is a true and correct copy of a web page that I downloaded

from www.chipworks.com. It is the page located at www.chipworks.com/infringement_analysis.aspx describing reverse engineering services provided for establishing infringement analyses. 4. Attached hereto as Exhibit B is a true and correct copy of Advanced Analogic Tech. v.

Kinetic Tech., Inc., 2009 WL 1974602 (N.D. Cal. 2009). 5. Attached hereto as Exhibit C is a true and correct copy of J.R. v. Sylvan Union Sch.

Dist., 2008 WL 682595 (E.D. Cal. 2008). 6. Attached hereto as Exhibit D is a true and correct copy of Daw Indus. Inc. v. Proteor

Holdings, 2008 WL 251977 (S.D. Cal. 2008). 7. Attached hereto as Exhibit E is a true and correct copy of Hewlett-Packard Co. v.

Intergraph Corp., 2003 WL 23884794 (N.D. Cal. 2003). 8. Attached hereto as Exhibit F is a true and correct copy of Performance Aftermarket

Parts Group, Ltd. v. TI Group Automotive Sys., LLC, 2007 WL 2818269 (E.D. Tex. 2007). 9. Attached hereto as Exhibit G is a true and correct copy of Goss Int'l Americas, Inc. v.

MAN Roland, Inc., 2008 WL 3823707 (D.N.H. 2008). 10. Attached hereto as Exhibit H is a true and correct copy of FotoMedia Tech., LLC v. AOL,

LLC, 2008 WL 4135906 (E.D. Tex. 2008). 11. Attached hereto as Exhibit I is a true and correct copy of In re Katz Interactive Call

Processing Patent Litigation, 07-ML-01816 (C.D. Cal. 2009). 12. Attached hereto as Exhibit J is a true and correct copy of Omega Patents LLC v. Lear

Co., 2007 WL 4247674 (M.D. Fla. 2007).
______________________________________________________________________________________________________________________________ DECLARATION OF SEAN P. DEBRUINE ISO ELAN'S REPLY ISO MOTION TO DISMISS COUNTERCLAIMS UNDER RULE 12(b)(6) FOR FAILURE TO STATE A CLAIM 1 CASE NO.C-09-01531 RS

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13.

Attached hereto as Exhibit K is a true and correct copy of Chagby v. Target Corp., 2009

WL 398972 (C.D. Cal. 2009). 14. Attached hereto as Exhibit L is a true and correct copy of Pellegrini v. Analog Devices,

Inc., 2006 WL 83472, *2-4 (D. Mass. 2006). 15. Attached hereto as Exhibit M is a true and correct copy of Windy City's amended

complaint, discussed in Windy City Innovations, LLC v. America Online, Inc., 227 F.R.D. 278 (N.D. Ill 2005), downloaded from the Northern District of Illinois' ECF/PACER system. 16. Attached hereto as Exhibit N is a true and correct copy of Arnold v. Petland Inc., 2009

WL 816327 (S.D. Ohio 2009). 17. Attached hereto as Exhibit O is a true and correct copy of Phleger v. Countrywide Home

Loans, Inc., 2008 WL 65677 (N.D. Cal. 2008). 18. Attached hereto as Exhibit P is a true and correct copy of Hinshaw v. The Vessel M/V

Aurora, 2007 U.S. Dist. Lexis 41104 (N.D. Cal. 2007). 19. Attached hereto as Exhibit Q is a true and correct copy of Himmelberger v. Lamarque,

2008 U.S. Dist. Lexis 103956 (N.D. Cal. 2008).

I swear under penalty of perjury under the laws of the State of California and the United States of America that the foregoing is true and correct. Executed this 12th day of August, 2009, at Palo Alto, California. / s/ Sean P. DeBruine

______________________________________________________________________________________________________________________________ DECLARATION OF SEAN P. DEBRUINE ISO ELAN'S REPLY ISO MOTION TO DISMISS COUNTERCLAIMS UNDER RULE 12(b)(6) FOR FAILURE TO STATE A CLAIM 2 CASE NO.C-09-01531 RS