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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1 2 3 4 5 6 7 8 9 10 11 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 12 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 SAN FRANCISCO DIVISION 16 17 18 21 22 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, 19 20 Case No. 09-cv-01531 RS (PSG) ELAN MICROELECTRONICS CORPORATION, v. APPLE, INC., Defendant and Counterplaintiff. 23 24 AND RELATED COUNTERCLAIMS 25 26 27 28 DECL. OF JENNIFER LIU ISO OF APPLE’S ADMIN. MOT. TO FILE UNDER SEAL APPLE’S MOT. TO COMPEL AND RELATED DOCUMENTS 1 Case No. 09-cv-01531 RS (PSG) 1 I, Jennifer Liu, declare as follows: 2 1. I am an attorney with the law firm of Alston & Bird LLP, counsel to Plaintiff Elan 3 Microelectronics Corporation (“Elan”) in this action. I now submit this declaration pursuant to 4 Civil Local Rule 79-5 in support of Defendant Apple Inc.’s Administrative Motion to File Under 5 Seal Apple Inc.’s Motion to Compel and Related Documents (Dkt No. 224). 6 2. I have reviewed the redacted version of Apple Inc.’s Notice of Motion and Motion 7 to Compel (1) Discovery Relating to Elan’s U.S. Sales; (2) Documents Improperly Withheld on 8 the Basis of Privilege; and (3) Inventor Depositions. Based on my review, the redacted portions 9 contain sensitive business information including Elan’s product sales and downstream customers 10 information, as well as Elan counsel’s analysis on Apple’s patents in anticipation of litigation, that 11 could harm Elan if publicly disclosed. 12 3. I have reviewed Exhibit 2 to the Declaration of Derek Walter in Support of Apple 13 Inc.’s Motion to Compel (1) Discovery Relating to U.S. Sales; (2) Documents Improperly 14 Withheld on the Basis of Privilege; and (3) Inventor Depositions. Based on my review, the 15 document contains sensitive business information including Elan’s internal product codenames 16 and downstream customers and products information, that could harm Elan if publicly disclosed. 17 4. I have reviewed Exhibit 4 to the Declaration of Derek Walter in Support of Apple 18 Inc.’s Motion to Compel (1) Discovery Relating to U.S. Sales; (2) Documents Improperly 19 Withheld on the Basis of Privilege; and (3) Inventor Depositions. Based on my review, the 20 document contains sensitive business information including Elan’s downstream customers and 21 products information, that could harm Elan if publicly disclosed. 22 5. Elan states that it has met and conferred with Apple, Inc. (“Apple”) regarding 23 Exhibit 8 to the Declaration of Derek Walter in Support of Apple Inc.’s Motion to Compel (1) 24 Discovery Relating to U.S. Sales; (2) Documents Improperly Withheld on the Basis of Privilege; 25 and (3) Inventor Depositions. Apple agreed to revise Exhibit 8 by submitting only the relevant 26 pages of I.H. Yeh’s deposition transcript, taken on November 17, 2010, pages 1-5, 82-89 and 124 27 under seal. Based on my review of the revised Exhibit 8, the document contains predominantly of 28 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 2 Case No. 09-cv-01531 RS (PSG) 1 2 that could harm Elan if publicly disclosed. 6. Elan states that it has met and conferred with Apple regarding Exhibit 11 to the 3 Declaration of Derek Walter in Support of Apple Inc.’s Motion to Compel (1) Discovery Relating 4 to U.S. Sales; (2) Documents Improperly Withheld on the Basis of Privilege; and (3) Inventor 5 Depositions. Apple agreed to revise Exhibit 11 by submitting only the relevant pages of Ian 6 Chung’s deposition transcript, taken on November 15, 2010, pages 1-9, 82-93 and 140 under seal. 7 Based on my review of the revised Exhibit 11, the document contains predominantly of sensitive 8 business information including Elan’s downstream customers and products information, that could 9 harm Elan if publicly disclosed. 10 7. I have reviewed Exhibit 12 to the Declaration of Derek Walter in Support of Apple 11 Inc.’s Motion to Compel (1) Discovery Relating to U.S. Sales; (2) Documents Improperly 12 Withheld on the Basis of Privilege; and (3) Inventor Depositions. Based on my review, the 13 document contains sensitive business information including Elan’s downstream customers and 14 products information, that could harm Elan if publicly disclosed. 15 8. I have reviewed Exhibit 13 to the Declaration of Derek Walter in Support of Apple 16 Inc.’s Motion to Compel (1) Discovery Relating to U.S. Sales; (2) Documents Improperly 17 Withheld on the Basis of Privilege; and (3) Inventor Depositions. Based on my review, the 18 document contains sensitive business information including Elan’s product code driver 19 information and downstream customers and products information, that could harm Elan if publicly 20 disclosed. 21 9. I have reviewed Exhibit 14 to the Declaration of Derek Walter in Support of Apple 22 Inc.’s Motion to Compel (1) Discovery Relating to U.S. Sales; (2) Documents Improperly 23 Withheld on the Basis of Privilege; and (3) Inventor Depositions. Based on my review, the 24 document contains sensitive business information including Elan’s product sales and downstream 25 customers information, as well as Elan counsel’s analysis on Apple’s patents in anticipation of 26 litigation, that could harm Elan if publicly disclosed. 27 28 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) 1 Withheld on the Basis of Privilege; and (3) Inventor Depositions. Based on my review, the 2 document contains sensitive business information including Elan’s product sales and downstream 3 customers information, as well as Elan counsel’s analysis on Apple’s patents in anticipation of 4 litigation, that could harm Elan if publicly disclosed. 5 11. Elan states that it has met and conferred with Apple regarding Exhibit 17 to the 6 Declaration of Derek Walter in Support of Apple Inc.’s Motion to Compel (1) Discovery Relating 7 to U.S. Sales; (2) Documents Improperly Withheld on the Basis of Privilege; and (3) Inventor 8 Depositions. Apple agreed to revise Exhibit 17 by submitting only the relevant pages of I.H. 9 Yeh’s deposition transcript, taken on November 18, 2010, pages 125-133 and 193 under seal. 10 Based on my review of the revised Exhibit 17, the document contains predominantly of sensitive 11 business information including Elan’s downstream customers and products information, that could 12 harm Elan if publicly disclosed. 13 12. I have reviewed Exhibit 18 to the Declaration of Derek Walter in Support of Apple 14 Inc.’s Motion to Compel (1) Discovery Relating to U.S. Sales; (2) Documents Improperly 15 Withheld on the Basis of Privilege; and (3) Inventor Depositions. Based on my review, the 16 document contains sensitive business information including Elan’s downstream customer 17 information, that could harm Elan if publicly disclosed. 18 13. I have reviewed Exhibit 19 to the Declaration of Derek Walter in Support of Apple 19 Inc.’s Motion to Compel (1) Discovery Relating to U.S. Sales; (2) Documents Improperly 20 Withheld on the Basis of Privilege; and (3) Inventor Depositions. Based on my review, the 21 document contain confidential communication between Elan and its agent regarding sensitive Elan 22 business information, including Elan’s downstream customer information, that could harm Elan if 23 publicly disclosed. 24 14. I have reviewed Exhibit 20 to the Declaration of Derek Walter in Support of Apple 25 Inc.’s Motion to Compel (1) Discovery Relating to U.S. Sales; (2) Documents Improperly 26 Withheld on the Basis of Privilege; and (3) Inventor Depositions. Based on my review, the 27 document contains sensitive business information including Elan’s internal product testing 28 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 4 Case No. 09-cv-01531 RS (PSG) 1 15. I have reviewed Exhibit 21 to the Declaration of Derek Walter in Support of Apple 2 Inc.’s Motion to Compel (1) Discovery Relating to U.S. Sales; (2) Documents Improperly 3 Withheld on the Basis of Privilege; and (3) Inventor Depositions. Based on my review, the 4 documents contains sensitive business information including Elan’s product sales and downstream 5 customers information, as well as Elan counsel’s analysis on Apple’s patents in anticipation of 6 litigation, that could harm Elan if publicly disclosed. 7 16. I have reviewed Exhibit 23 to the Declaration of Derek Walter in Support of Apple 8 Inc.’s Motion to Compel (1) Discovery Relating to U.S. Sales; (2) Documents Improperly 9 Withheld on the Basis of Privilege; and (3) Inventor Depositions. Based on my review, the 10 document contains sensitive legal information including description of Elan’s internal 11 communications, that could harm Elan if publicly disclosed. 12 17. I have reviewed Exhibit 25 to the Declaration of Derek Walter in Support of Apple 13 Inc.’s Motion to Compel (1) Discovery Relating to U.S. Sales; (2) Documents Improperly 14 Withheld on the Basis of Privilege; and (3) Inventor Depositions. Based on my review, the 15 document contains sensitive legal information including description of Elan’s internal 16 communications, that could harm Elan if publicly disclosed. 17 18. I have reviewed Exhibit 26 to the Declaration of Derek Walter in Support of Apple 18 Inc.’s Motion to Compel (1) Discovery Relating to U.S. Sales; (2) Documents Improperly 19 Withheld on the Basis of Privilege; and (3) Inventor Depositions. Based on my review, the 20 document contains sensitive legal information including description of Elan’s internal 21 communications, that could harm Elan if publicly disclosed. 22 19. Elan states that it has met and conferred with Apple regarding Exhibit 27 to the 23 Declaration of Derek Walter in Support of Apple Inc.’s Motion to Compel (1) Discovery Relating 24 to U.S. Sales; (2) Documents Improperly Withheld on the Basis of Privilege; and (3) Inventor 25 Depositions. Apple agreed to revise Exhibit 27 by submitting only the relevant pages of Wayne 26 Chang’s deposition transcript, taken on November 15, 2010, pages 1-5, 14-21 and 118. Based on 27 my review of the revised Exhibit 27, the document does not contain confidential information. 28 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 5 Case No. 09-cv-01531 RS (PSG) 1 Exhibit 27. 2 20. I have reviewed Exhibit 30 to the Declaration of Derek Walter in Support of Apple 3 Inc.’s Motion to Compel (1) Discovery Relating to U.S. Sales; (2) Documents Improperly 4 Withheld on the Basis of Privilege; and (3) Inventor Depositions. Based on my review, the 5 document contains confidential information relating to the inventors’ of U.S. Patent No. 7,274,353, 6 that could harm Elan if publicly disclosed. 7 21. I have reviewed Exhibit 34 to the Declaration of Derek Walter in Support of Apple 8 Inc.’s Motion to Compel (1) Discovery Relating to U.S. Sales; (2) Documents Improperly 9 Withheld on the Basis of Privilege; and (3) Inventor Depositions. Based on my review, the 10 11 document is Elan’s confidential draft patent application that could harm Elan if publicly disclosed. 22. I have reviewed Exhibit 35 to the Declaration of Derek Walter in Support of Apple 12 Inc.’s Motion to Compel (1) Discovery Relating to U.S. Sales; (2) Documents Improperly 13 Withheld on the Basis of Privilege; and (3) Inventor Depositions. Based on my review, the 14 documents contains sensitive business information including Elan’s product sales and downstream 15 customers information. 16 17 18 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. 19 20 21 22 Jennifer Liu /s/ Jennifer Liu 23 24 LEGAL02/32666961v1 25 26 27 28 DECL. OF JENNIFER LIU ISO OF APPLE’S ADMIN. MOT. TO FILE UNDER SEAL APPLE’S MOT. TO COMPEL AND RELATED DOCUMENTS 6 Case No. 09-cv-01531 RS (PSG)

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