Elan Microelectronics Corporation v. Apple, Inc.

Filing 270

Declaration of Nathan Greenblatt in Support of 262 Amended Administrative Motion to File Under Seal Exhibits to the Declaration of Palani P. Rathinasamy in Support of Plaintiff Elan Microelectronics Corporation's Motion to Compel Apple to Supplement Its Response to Elan's Interrogatory No. 13 filed byApple, Inc.. (Related document(s) 262 ) (Greenblatt, Nathan) (Filed on 6/9/2011)

1
2
3
4
5
6
7
8
9

MATTHEW D. POWERS (Bar No. 104795)
[e-mail]
JARED BOBROW (Bar No. 133712)
[e-mail]
SONAL N. MEHTA (Bar No. 222086)
[e-mail]
DEREK C. WALTER (Bar. No. 246322)
[e-mail]
STEFANI SMITH (Bar No. 251305)
[e-mail]
NATHAN GREENBLATT (Bar No. 262279)
[e-mail]
WEIL, GOTSHAL & MANGES LLP
Silicon Valley Office
201 Redwood Shores Parkway
Redwood Shores, CA 94065
Telephone: [phone]
Facsimile: [phone]

10
11

Attorneys for Defendant and Counterclaim Plaintiff
Apple Inc.

12

UNITED STATES DISTRICT COURT

13

NORTHERN DISTRICT OF CALIFORNIA

14

SAN FRANCISCO DIVISION

15

ELAN MICROELECTRONICS
CORPORATION,

16
Plaintiff and Counterclaim
Defendant,

17
18
19
20

v.
APPLE INC.,
Defendant and Counterclaim
Plaintiff.

21
22
23

Case No. C-09-01531 RS (PSG)
DECLARATION OF NATHAN
GREENBLATT IN SUPPORT OF
PLAINTIFF ELAN
MICROELECTRONICS
CORPORATION'S AMENDED
ADMINISTRATIVE MOTION TO
FILE UNDER SEAL EXHIBITS TO
THE DECLARATION OF PALANI P.
RATHINASAMY IN SUPPORT OF
ELAN MICROELECTRONICS
CORP.’S MOTION TO COMPEL
APPLE TO SUPPLEMENT ITS
RESPONSE TO ELAN’S
INTERROGATORY NO. 13 (Dkt No.
262)

24
JUDGE: Hon. Paul S. Grewal
25
26
27
28
DECLARATION OF NATHAN GREENBLATT IN SUPPORT
OF ELAN'S AMENDED ADMINISTRATIVE MOTION TO
FILE PAPERS UNDER SEAL RE: ROG 13

Case No. C-09-01531 RS (PSG)

1

I, Nathan Greenblatt, declare:

2

I am an attorney at Weil, Gotshal & Manges LLP, counsel of record for Defendant

3

and Counter-Claimant Apple Inc. (“Apple”) in the above-captioned matter.

4

declaration pursuant to Civil Local Rule 79-5(d) and the Court’s June 1, 2011 Order (Dkt. No.

5

228), in support of “Plaintiff Elan Microelectronics Corporation’s Amended Administrative

6

Motion To File Under Seal Exhibits to the Declaration of Palani P. Rathinasamy in Support of

7

Elan Microelectronics Corp.’s Motion to Compel Apple to Supplement Its Response to Elan’s

8

Interrogatory No. 13” (Dkt. No. 262). I submit this declaration based on personal knowledge and

9

following a reasonable investigation. If called upon, I could testify competently to the statements

10
11

I submit this

herein.
1.

On June 7, 2011, I conferred with counsel for Elan Palani P. Rathinasamy

12

telephonically and via email regarding the redaction of information designated by Apple as

13

confidential from exhibits to the Declaration of Palani P. Rathinasamy in Support of Elan

14

Microelectronics Corporation’s Motion to Compel Apple to Supplement Its Response to Elan’s

15

Interrogatory No. 13” (“Rathinasamy Declaration”).

16

2.

I have reviewed a redacted version of Exhibit B to the Rathinasamy

17

Declaration provided to me on June 7, 2011. Based on my review, the redacted portions contain

18

confidential codenames for Apple products and integrated circuits which could harm Apple if

19

publicly disclosed.

20

3.

I have reviewed a redacted version of Exhibit E to the Rathinasamy

21

Declaration provided to me on June 7, 2011. Based on my review, the redacted portions contain

22

confidential codenames for Apple integrated circuits which could harm Apple if publicly

23

disclosed. During the meet and confer described in paragraph one, I alerted counsel for Elan to

24

two additional necessary redactions to pages five and seven Exhibit E, which I understand that

25

Elan agreed to complete before filing a public version of Exhibit E.

26

4.

I have reviewed a redacted version of Exhibit F to the Rathinasamy

27

Declaration provided to me on June 7, 2011. Based on my review, the redacted portions contain

28

confidential codenames for Apple products which could harm Apple if publicly disclosed.
DECLARATION OF NATHAN GREENBLATT IN SUPPORT
OF ELAN'S AMENDED ADMINISTRATIVE MOTION TO
FILE PAPERS UNDER SEAL RE: ROG 13

1

Case No. C-09-01531 RS (PSG)

1

5.

I have reviewed a redacted version of Exhibit G to the Rathinasamy

2

Declaration provided to me on June 7, 2011. Based on my review, the redacted portions on page

3

1 contain confidential codenames for Apple products which could harm Apple if publicly

4

disclosed. The redacted portions on page 3 under the heading “Apple Interrogatory No. 10”

5

contain confidential information regarding correspondence between Apple and Elan which could

6

harm Apple if publicly disclosed.

7

6.

I have reviewed a redacted version of Exhibit I to the Rathinasamy

8

Declaration provided to me on June 7, 2011. Based on my review, the redacted portions contain

9

confidential codenames for Apple products which could harm Apple if publicly disclosed.

10

7.

I have reviewed Exhibit L to the Rathinasamy Declaration. Based on my

11

review, the exhibit consists of predominantly sealable information including confidential

12

codenames and technical information for Apple products which could harm Apple if publicly

13

disclosed.

14

8.

I have reviewed Exhibit M to the Rathinasamy Declaration. Based on my

15

review, the consists of predominantly sealable information including confidential codenames and

16

technical information related to the development of Apple products which could harm Apple if

17

publicly disclosed.

18

9.

I understand that Elan has already filed a proposed order for its Amended

19

Motion to Seal. See Dkt. No. 262-2. I have reviewed Elan’s proposed order, and believe that it is

20

acceptable. To avoid sending the Court unnecessary paper, I have chosen not to submit a

21

duplicative proposed order. I also understand that Elan has submitted or will submit the redacted

22

versions of Exhibits B, E, F, G, and I to the Rathinasamy Declaration to the Court.

23
24

I declare under penalty of perjury of the laws of the United States of America that
the foregoing is true and correct. Executed on June 9, 2011, at Redwood Shores, California.

25

Respectfully submitted,

26

WEIL, GOTSHAL & MANGES LLP
/s/ Nathan Greenblatt
Nathan Greenblatt
Attorney for Defendant and Counter-Claimant,
Apple Inc.

27
28
DECLARATION OF NATHAN GREENBLATT IN SUPPORT
OF ELAN'S AMENDED ADMINISTRATIVE MOTION TO
FILE PAPERS UNDER SEAL RE: ROG 13

2

Case No. C-09-01531 RS (PSG)