Elan Microelectronics Corporation v. Apple, Inc.
Filing
261
Declaration of Jennifer Liu in Support of 224 Administrative Motion to File Under Seal Apple, Inc.'s Motion to Compel and Related Documents filed byElan Microelectronics Corporation. (Attachments: # 1 Proposed Order)(Related document(s) 224 ) (Liu, Jennifer) (Filed on 6/7/2011)
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YITAI HU (SBN 248085)
yitai.hu@alston.com
SEAN P. DEBRUINE (SBN 168071)
sean.debruine@alston.com
ELIZABETH H. RADER (SBN 184963)
elizabeth.rader@alston.com
JANE HAN BU (SBN 240081)
jane.bu@alston.com
JENNIFER LIU (SBN 268990)
celine.liu@alston.com
PALANI P. RATHINASAMY (SBN 269852)
palani.rathinasamy@alston.com
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 JENNIFER LIU IN
SUPPORT OF DEFENDANT APPLE
INC.’S ADMINISTRATIVE MOTION
TO FILE UNDER SEAL APPLE INC.’S
MOTION TO COMPEL AND RELATED
DOCUMENTS
Plaintiff and Counterdefendant,
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Case No. 09-cv-01531 RS (PSG)
ELAN MICROELECTRONICS
CORPORATION,
v.
APPLE, INC.,
Defendant and Counterplaintiff.
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AND RELATED COUNTERCLAIMS
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DECL. OF JENNIFER LIU ISO OF APPLE’S ADMIN. MOT. TO
FILE UNDER SEAL APPLE’S MOT. TO COMPEL AND RELATED
DOCUMENTS
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Case No. 09-cv-01531 RS (PSG)
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I, Jennifer Liu, declare as follows:
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1.
I am an attorney with the law firm of Alston & Bird LLP, counsel to Plaintiff Elan
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Microelectronics Corporation (“Elan”) in this action. I now submit this declaration pursuant to
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Civil Local Rule 79-5 in support of Defendant Apple Inc.’s Administrative Motion to File Under
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Seal Apple Inc.’s Motion to Compel and Related Documents (Dkt No. 224).
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2.
I have reviewed the redacted version of Apple Inc.’s Notice of Motion and Motion
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to Compel (1) Discovery Relating to Elan’s U.S. Sales; (2) Documents Improperly Withheld on
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the Basis of Privilege; and (3) Inventor Depositions. Based on my review, the redacted portions
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contain sensitive business information including Elan’s product sales and downstream customers
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information, as well as Elan counsel’s analysis on Apple’s patents in anticipation of litigation, that
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could harm Elan if publicly disclosed.
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3.
I have reviewed Exhibit 2 to the Declaration of Derek Walter in Support of Apple
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Inc.’s Motion to Compel (1) Discovery Relating to U.S. Sales; (2) Documents Improperly
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Withheld on the Basis of Privilege; and (3) Inventor Depositions. Based on my review, the
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document contains sensitive business information including Elan’s internal product codenames
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and downstream customers and products information, that could harm Elan if publicly disclosed.
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4.
I have reviewed Exhibit 4 to the Declaration of Derek Walter in Support of Apple
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Inc.’s Motion to Compel (1) Discovery Relating to U.S. Sales; (2) Documents Improperly
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Withheld on the Basis of Privilege; and (3) Inventor Depositions. Based on my review, the
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document contains sensitive business information including Elan’s downstream customers and
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products information, that could harm Elan if publicly disclosed.
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5.
Elan states that it has met and conferred with Apple, Inc. (“Apple”) regarding
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Exhibit 8 to the Declaration of Derek Walter in Support of Apple Inc.’s Motion to Compel (1)
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Discovery Relating to U.S. Sales; (2) Documents Improperly Withheld on the Basis of Privilege;
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and (3) Inventor Depositions. Apple agreed to revise Exhibit 8 by submitting only the relevant
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pages of I.H. Yeh’s deposition transcript, taken on November 17, 2010, pages 1-5, 82-89 and 124
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under seal. Based on my review of the revised Exhibit 8, the document contains predominantly of
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sensitive business information including Elan’s downstream customers and products information,
DECL. OF JENNIFER LIU ISO OF APPLE’S ADMIN. MOT. TO
FILE UNDER SEAL APPLE’S MOT. TO COMPEL AND RELATED
DOCUMENTS
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Case No. 09-cv-01531 RS (PSG)
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that could harm Elan if publicly disclosed.
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Elan states that it has met and conferred with Apple regarding Exhibit 11 to the
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Declaration of Derek Walter in Support of Apple Inc.’s Motion to Compel (1) Discovery Relating
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to U.S. Sales; (2) Documents Improperly Withheld on the Basis of Privilege; and (3) Inventor
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Depositions. Apple agreed to revise Exhibit 11 by submitting only the relevant pages of Ian
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Chung’s deposition transcript, taken on November 15, 2010, pages 1-9, 82-93 and 140 under seal.
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Based on my review of the revised Exhibit 11, the document contains predominantly of sensitive
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business information including Elan’s downstream customers and products information, that could
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harm Elan if publicly disclosed.
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7.
I have reviewed Exhibit 12 to the Declaration of Derek Walter in Support of Apple
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Inc.’s Motion to Compel (1) Discovery Relating to U.S. Sales; (2) Documents Improperly
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Withheld on the Basis of Privilege; and (3) Inventor Depositions. Based on my review, the
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document contains sensitive business information including Elan’s downstream customers and
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products information, that could harm Elan if publicly disclosed.
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I have reviewed Exhibit 13 to the Declaration of Derek Walter in Support of Apple
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Inc.’s Motion to Compel (1) Discovery Relating to U.S. Sales; (2) Documents Improperly
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Withheld on the Basis of Privilege; and (3) Inventor Depositions. Based on my review, the
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document contains sensitive business information including Elan’s product code driver
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information and downstream customers and products information, that could harm Elan if publicly
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disclosed.
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9.
I have reviewed Exhibit 14 to the Declaration of Derek Walter in Support of Apple
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Inc.’s Motion to Compel (1) Discovery Relating to U.S. Sales; (2) Documents Improperly
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Withheld on the Basis of Privilege; and (3) Inventor Depositions. Based on my review, the
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document contains sensitive business information including Elan’s product sales and downstream
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customers information, as well as Elan counsel’s analysis on Apple’s patents in anticipation of
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litigation, that could harm Elan if publicly disclosed.
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10.
I have reviewed Exhibit 16 to the Declaration of Derek Walter in Support of Apple
Inc.’s Motion to Compel (1) Discovery Relating to U.S. Sales; (2) Documents Improperly
DECL. OF JENNIFER LIU ISO OF APPLE’S ADMIN. MOT. TO
FILE UNDER SEAL APPLE’S MOT. TO COMPEL AND RELATED
DOCUMENTS
3
Case No. 09-cv-01531 RS (PSG)
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Withheld on the Basis of Privilege; and (3) Inventor Depositions. Based on my review, the
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document contains sensitive business information including Elan’s product sales and downstream
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customers information, as well as Elan counsel’s analysis on Apple’s patents in anticipation of
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litigation, that could harm Elan if publicly disclosed.
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Elan states that it has met and conferred with Apple regarding Exhibit 17 to the
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Declaration of Derek Walter in Support of Apple Inc.’s Motion to Compel (1) Discovery Relating
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to U.S. Sales; (2) Documents Improperly Withheld on the Basis of Privilege; and (3) Inventor
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Depositions. Apple agreed to revise Exhibit 17 by submitting only the relevant pages of I.H.
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Yeh’s deposition transcript, taken on November 18, 2010, pages 125-133 and 193 under seal.
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Based on my review of the revised Exhibit 17, the document contains predominantly of sensitive
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business information including Elan’s downstream customers and products information, that could
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harm Elan if publicly disclosed.
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I have reviewed Exhibit 18 to the Declaration of Derek Walter in Support of Apple
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Inc.’s Motion to Compel (1) Discovery Relating to U.S. Sales; (2) Documents Improperly
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Withheld on the Basis of Privilege; and (3) Inventor Depositions. Based on my review, the
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document contains sensitive business information including Elan’s downstream customer
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information, that could harm Elan if publicly disclosed.
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I have reviewed Exhibit 19 to the Declaration of Derek Walter in Support of Apple
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Inc.’s Motion to Compel (1) Discovery Relating to U.S. Sales; (2) Documents Improperly
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Withheld on the Basis of Privilege; and (3) Inventor Depositions. Based on my review, the
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document contain confidential communication between Elan and its agent regarding sensitive Elan
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business information, including Elan’s downstream customer information, that could harm Elan if
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publicly disclosed.
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I have reviewed Exhibit 20 to the Declaration of Derek Walter in Support of Apple
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Inc.’s Motion to Compel (1) Discovery Relating to U.S. Sales; (2) Documents Improperly
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Withheld on the Basis of Privilege; and (3) Inventor Depositions. Based on my review, the
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document contains sensitive business information including Elan’s internal product testing
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information and downstream customers information, that could harm Elan if publicly disclosed.
DECL. OF JENNIFER LIU ISO OF APPLE’S ADMIN. MOT. TO
FILE UNDER SEAL APPLE’S MOT. TO COMPEL AND RELATED
DOCUMENTS
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Case No. 09-cv-01531 RS (PSG)
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15.
I have reviewed Exhibit 21 to the Declaration of Derek Walter in Support of Apple
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Inc.’s Motion to Compel (1) Discovery Relating to U.S. Sales; (2) Documents Improperly
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Withheld on the Basis of Privilege; and (3) Inventor Depositions. Based on my review, the
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documents contains sensitive business information including Elan’s product sales and downstream
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customers information, as well as Elan counsel’s analysis on Apple’s patents in anticipation of
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litigation, that could harm Elan if publicly disclosed.
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I have reviewed Exhibit 23 to the Declaration of Derek Walter in Support of Apple
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Inc.’s Motion to Compel (1) Discovery Relating to U.S. Sales; (2) Documents Improperly
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Withheld on the Basis of Privilege; and (3) Inventor Depositions. Based on my review, the
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document contains sensitive legal information including description of Elan’s internal
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communications, that could harm Elan if publicly disclosed.
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I have reviewed Exhibit 25 to the Declaration of Derek Walter in Support of Apple
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Inc.’s Motion to Compel (1) Discovery Relating to U.S. Sales; (2) Documents Improperly
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Withheld on the Basis of Privilege; and (3) Inventor Depositions. Based on my review, the
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document contains sensitive legal information including description of Elan’s internal
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communications, that could harm Elan if publicly disclosed.
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I have reviewed Exhibit 26 to the Declaration of Derek Walter in Support of Apple
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Inc.’s Motion to Compel (1) Discovery Relating to U.S. Sales; (2) Documents Improperly
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Withheld on the Basis of Privilege; and (3) Inventor Depositions. Based on my review, the
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document contains sensitive legal information including description of Elan’s internal
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communications, that could harm Elan if publicly disclosed.
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Elan states that it has met and conferred with Apple regarding Exhibit 27 to the
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Declaration of Derek Walter in Support of Apple Inc.’s Motion to Compel (1) Discovery Relating
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to U.S. Sales; (2) Documents Improperly Withheld on the Basis of Privilege; and (3) Inventor
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Depositions. Apple agreed to revise Exhibit 27 by submitting only the relevant pages of Wayne
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Chang’s deposition transcript, taken on November 15, 2010, pages 1-5, 14-21 and 118. Based on
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my review of the revised Exhibit 27, the document does not contain confidential information.
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Pursuant to Local Rule 79-5, Elan withdraws the designation of confidentiality for the revised
DECL. OF JENNIFER LIU ISO OF APPLE’S ADMIN. MOT. TO
FILE UNDER SEAL APPLE’S MOT. TO COMPEL AND RELATED
DOCUMENTS
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Case No. 09-cv-01531 RS (PSG)
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Exhibit 27.
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I have reviewed Exhibit 30 to the Declaration of Derek Walter in Support of Apple
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Inc.’s Motion to Compel (1) Discovery Relating to U.S. Sales; (2) Documents Improperly
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Withheld on the Basis of Privilege; and (3) Inventor Depositions. Based on my review, the
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document contains confidential information relating to the inventors’ of U.S. Patent No. 7,274,353,
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that could harm Elan if publicly disclosed.
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I have reviewed Exhibit 34 to the Declaration of Derek Walter in Support of Apple
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Inc.’s Motion to Compel (1) Discovery Relating to U.S. Sales; (2) Documents Improperly
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Withheld on the Basis of Privilege; and (3) Inventor Depositions. Based on my review, the
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document is Elan’s confidential draft patent application that could harm Elan if publicly disclosed.
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I have reviewed Exhibit 35 to the Declaration of Derek Walter in Support of Apple
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Inc.’s Motion to Compel (1) Discovery Relating to U.S. Sales; (2) Documents Improperly
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Withheld on the Basis of Privilege; and (3) Inventor Depositions. Based on my review, the
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documents contains sensitive business information including Elan’s product sales and downstream
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customers information.
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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 7th day of June, 2011 at Menlo Park, California.
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Jennifer Liu
/s/ Jennifer Liu
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LEGAL02/32666961v1
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DECL. OF JENNIFER LIU ISO OF APPLE’S ADMIN. MOT. TO
FILE UNDER SEAL APPLE’S MOT. TO COMPEL AND RELATED
DOCUMENTS
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Case No. 09-cv-01531 RS (PSG)
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