Elan Microelectronics Corporation v. Apple, Inc.

Filing 293

Declaration of Jennifer Liu in Support of Plaintiff Elan Microelectronics Corporation's Reply to Apple, Inc.'s Opposition to Elan's Motion for Partial Summary Judgment of Infringement filed byElan 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 N, # 10 Exhibit O)(Liu, Jennifer) (Filed on 6/16/2011)

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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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DECLARATION OF JENNIFER LIU IN
SUPPORT OF PLAINTIFF ELAN
MICROELECTRONICS
CORPORATION’S REPLY TO APPLE,
INC.’S OPPOSITION TO ELAN’S
MOTION FOR PARTIAL SUMMARY
JUDGMENT OF INFRINGEMENT

Plaintiff and Counterdefendant,

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

ELAN MICROELECTRONICS
CORPORATION,

v.
APPLE, INC.,
Defendant and Counterplaintiff.

Date: July 14, 2011
Time: 1:30 p.m.
Courtroom 3
Hon. Richard Seeborg

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AND RELATED COUNTERCLAIMS

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DECL. OF JENNIFER LIU IN SUPPORT OF ELAN’S REPLY TO
APPLE’S OPP’N TO ELAN’S MOT. FOR PARTIAL SUMM. J. OF
INFRINGEMENT

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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 associate 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 A is a true and correct copy of excerpts of McGraw-Hill

Dictionary of Scientific and Technical Terms, Third Edition (1984).
3.

Attached as Exhibit B is a true and correct copy of U.S. Patent No. 5,648,642 to

Robert J. Miller and Stephen J. Bisset, entitled “Object Position Detector” (ELN125114-47).
4.

Attached as Exhibit C is a true and correct copy of U.S. Patent No. 5,463,388 to

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Robert Boie, Laurence Ruedisueli, and Eric Wanger, entitled “Computer Mouse Or Keyboard Input

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Device Utilizing Capacitance Sensors” (APEL0007902-13).

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5.

Attached as Exhibit D is a true and correct copy of U.S. Patent No. 4,550,221 to

Scott Mabusth, entitled “Touch Sensitive Control Device” (APEL0007616-27).
6.

Attached as Exhibit E is a true and correct copy of U.S. Patent No. 4,736,191 to Karl

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E. Matzke and Paul W. Schick, entitled “Touch Activated Control Method And Apparatus”

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(ELN015428-44).

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7.

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Attached as Exhibit F is a true and correct copy of U.S. Patent No. 4,374,381 to

Henry H. Ng and Frederick R. Schmidt, entitled “Touch Terminal With Reliable Pad Selection.”
8.

Attached as Exhibit G is a true and correct copy of Appendix E to the Expert Report

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of Dr. Ravin Balakrishnan Regarding Invalidity of U.S. Patent No. 5,825,352 filed in the parties’

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parallel case in the United States International Trade Commission, dated November 4, 2010.

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9.

Attached as Exhibit H is a true and correct copy of article by R.S. Fearing entitled

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“Tactile Sensing Mechanisms,” published in the International Journal of Robotics Research, vol. 9,

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no. 3, pp. 3-23, dated June 1990 (APEL0007541-63).

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10.

Attached as Exhibit I is a true and correct copy of a document produced by Apple in

this matter bearing bates numbers APEL0707393-407 (filed under seal).
11.

Attached as Exhibit J is a true and correct copy of a document produced by Apple in

this matter bearing bates number APEL0501220 (filed under seal).
DECL. OF JENNIFER LIU IN SUPPORT OF ELAN’S REPLY TO
APPLE’S OPP’N TO ELAN’S MOT. FOR PARTIAL SUMM. J. OF
INFRINGEMENT

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

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12.

Attached as Exhibit K is a true and correct copy of a letter sent on August 27, 2006

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from Elantech Devices Corporation’s (“Elantech’s”) general manager, Daisuke Shudo, to Apple, Inc

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(“Apple”), produced by Apple in this matter bearing bates number APEL0058579 (filed under seal).

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Attached as Exhibit L is a true and correct copy of a letter sent on October 23, 2006

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from Elantech’s counsel, Sean P. DeBruine, to Apple’s in-house counsel, Carlyn Clause, produced

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by Apple in this matter bearing bates numbers APEL0058583-84 (filed under seal).

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14.

Attached as Exhibit M is a true and correct copy of a letter sent on January 4, 2007

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from Elantech’s counsel, Ming-Tao Yang, to Apple’s in-house counsel, Jayna R. Whitt, produced by

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Apple in this matter bearing bates numbers APEL0058591-95 (filed under seal).

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15.

Attached as Exhibit N is a true and correct copy of Apple Inc.’s Disclosure of

Proposed Terms and Claim Elements for Construction, dated December 21, 2009.
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Attached as Exhibit O is a true and correct copy of Apple Inc.’s Disclosure of

Preliminary Claim Constructions and Extrinsic Evidence, dated January 11, 2010.

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I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.
Executed on June 16, 2011 at Menlo Park, California.

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/s/ Jennifer Liu
Jennifer Liu

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DECL. OF JENNIFER LIU IN SUPPORT OF ELAN’S REPLY TO
APPLE’S OPP’N TO ELAN’S MOT. FOR PARTIAL SUMM. J. OF
INFRINGEMENT

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

FILER’S ATTESTATION

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Pursuant to General Order No. 45, Section X (B) regarding signatures, I, Jennifer Liu, attest
that concurrence in the filing of this document has been obtained.
/s/ Jennifer Liu
Jennifer Liu

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LEGAL02/32692146v1

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DECL. OF JENNIFER LIU IN SUPPORT OF ELAN’S REPLY TO
APPLE’S OPP’N TO ELAN’S MOT. FOR PARTIAL SUMM. J. OF
INFRINGEMENT

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