Elan Microelectronics Corporation v. Apple, Inc.

Filing 288

Declaration of Jane H. Bu in Support of Elan Microelectronics Corporation's Opposition to Apple, Inc.'s Motion to Compel filed byElan Microelectronics Corporation. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 7, # 5 Exhibit 8, # 6 Exhibit 12)(Bu, Jane) (Filed on 6/14/2011)

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YITAI HU (SBN 248085)
[e-mail]
SEAN P. DEBRUINE (SBN 168071)
[e-mail]
ELIZABETH H. RADER (SBN 184963)
[e-mail]
JANE HAN BU (SBN 240081)
[e-mail]
JENNIFER LIU (SBN 268990)
[e-mail]
PALANI P. RATHINASAMY (SBN 269852)
[e-mail]
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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ELAN MICROELECTRONICS
CORPORATION,

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v.

DECLARATION OF JANE H. BU IN
SUPPORT OF ELAN
MICROELECTRONICS
CORPORATION’S OPPOSITION TO
APPLE, INC.’S MOTION TO COMPEL

Plaintiff and Counterdefendant,

APPLE, INC.,
Defendant and Counterplaintiff.

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

AND RELATED COUNTERCLAIMS

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DECL. OF JANE H. BU ISO ELAN’S OPP’N TO APPLE’S MOT.
TO COMPEL

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

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I, Jane H. Bu, 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 have personal knowledge of the following

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facts and, if called to testify, I could and would testify competently to the matters stated herein.

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2.

Attached as Exhibit 1 is a true and correct copy of the relevant excerpts of Mr. Ian

Chung’s Deposition Transcript, taken on November 15 and 16, 2011 (filed under seal).
3.

Attached as Exhibit 2 is a true and correct copy of the relevant excerpts of Elan’s

Supplemental Response to Apple’s Interrogatory No. 11, dated June 24, 2010.
4.

Attached as Exhibit 3 is a true and correct copy of a letter dated April 7, 2006 from

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Elan’s representative to Synaptics’ representative regarding the parties’ infringement claims

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against each other produced in this case.

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5.

Attached as Exhibit 4 is a true and correct copy of Elan’s Initial Rule 26 Disclosure,

served on September 2, 2009.
6.

Attached as Exhibit 5 is a true and correct copy of Elan’s letter to Apple, Inc.

(“Apple”) regarding the 352 Patent, dated August 27, 2006 (filed under seal).
7.

To date, Elan has produced Mr. Ian Chung, Mr. Maco Tang, Mr. Steven Bisset, Mr.

Wayne Chang and Mr. I.H. Yeh for deposition in the Northern District of California.
8.

Attached as Exhibit 6 is a true and correct copy of the certified English translation

of Elan’s Patent Policy, dated 2001 (filed under seal).
9.

Attached as Exhibit 7 is a true and correct copy of relevant excerpts of Elan’s June

9th, 2011 Objections and Responses to Apple’s Rule 30(b)(6) Deposition Notice.
10.

Attached as Exhibit 8 is a true and correct copy of my email to Apple counsel Mr.

Nathan Greenblatt regarding issues of Apple’s Motion to Compel, dated June 13, 2011.
11.

On June 14, 2011, Elan produced partially redacted patent summaries, with

production numbers ELN1312136 through ELN1312142, prepared by Mr. Nick Lin.
12.

Attached as Exhibit 9 is a true and correct copy of the Declaration of Mr. Ian

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Chung in Support of Elan’s Opposition to Apple’s Motion to Compel, dated June 14, 2011

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(partially sealed).
DECL. OF JANE H. BU ISO ELAN’S OPP’N TO APPLE’S MOT.
TO COMPEL

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

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13.

Attached as Exhibit 10 is a true and correct copy of the Declaration of Mr. Wayne

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Chang in Support of Elan’s Opposition to Apple’s Motion to Compel, dated June 14, 2011

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(partially sealed).

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Attached as Exhibit 11 is a true and correct copy of the Declaration of Ms. Liling

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Lai in Support of Elan’s Opposition to Apple’s Motion to Compel, dated June 14, 2011 (partially

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sealed).

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Attached as Exhibit 12 is a true and correct copy of the Declaration of Ms. Hsiao-

Ling Fan in Support of Elan’s Opposition to Apple’s Motion to Compel, dated June 14, 2011.
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Elan has already produced its sales spreadsheets to Apple and is continuing to

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produce additional sales and pricing information as the data is being generated and collected from

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Elan’s financial systems.

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I swear under penalty of perjury under the laws of the United States that the foregoing is
true and correct. Executed this 14th day of June, 2011 at Menlo Park, California.

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/s/ Jane H. Bu
Jane H Bu

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LEGAL02/32685972v1

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DECL. OF JANE H. BU ISO ELAN’S OPP’N TO APPLE’S MOT.
TO COMPEL

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