Elan Microelectronics Corporation v. Apple, Inc.

Filing 299

EXHIBITS re 288 Declaration in Support, /Exhibits 9, 10, and 11 to the Declaration of Jane H. Bu in Support of Elan Microelectroncis Corporation's Opposition to Apple, Inc.'s Motion to Compel (Public Versions) filed byElan Microelectronics Corporation. (Attachments: # 1 Exhibit 10, # 2 Exhibit 11)(Related document(s) 288 ) (Bu, Jane) (Filed on 6/17/2011)

EXHIBIT 9

I

2
3
4
5
6
7
8
9
10
II

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)
j [e-mail]
JENNIFER LID (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

12
13

UNITED STATES DISTRICT COURT

14

NORTHERN DISTRICT OF CALIFORNIA

15

SAN FRANCISCO DIVISION

16
17
18
19
20
21
22

Case No. 09-cv-0153 I RS (PSG)

ELAN MICROELECTRONICS
CORPORATION,

DECLARATION OF IAN CHUNG IN
SUPPORT OF ELAN
MICROELECTRONICS
CORPORATION'S OPPOSITION TO
APPLE, INC.'S MOTION TO COMPEL

Plaintiff and Counterdefendant,
v.

APPLE, INC.,
Defendant and Counterplaintiff.
AND RELATED COUNTERCLAIMS

23
24
25
26
27
28
DECL. OF IAN CHUNG ISO ELAN'S OPP'N TO APPLE'S
MOT. TO COMPEL

I

Case No. 09-cv-OI531 RS (PSG)

1

I, Ian Chung, declare as follows:

2

1.

I am an assistant director at Elan Microelectronics for the SRD3 business unit. I

3

am in charge of the marketing and sales department of Elan's touchscreen and touchpad products.

4

I make this declaration based on my personal knowledge. If called upon to testify, I could and

5

would competently testify thereto.
2.

6

Elan designs, manufactures and sells a range of touch sensitive input devices, such

7

as touchpads for portable computers and touchscreens for mobile phones, media players and the

8

like. Since I am responsible for marketing and sales of Elan products, I understand how Elan's

9

input devices are sold and who are Elan's customers.

10

3.

Elan sells its products through distributors in Taiwan. These distributors in tum

11

sell Elan's products to OEM manufacturers in Asia. These OEM manufacturers make products for

12

brand companies, such as Dell, HP and HTC. These OEMs are Elan's "customers" and are

13

reflected in Elan's official sales database and Elan's official corporate reports and documents. All

14

of Elan's OEM customers are located in Asia, mostly in Taiwan.

15

4.

Elan knows how many of its products are sold to its distributors and OEM

16

customers. However, Elan does not know how many of its touchpad or touch screen products sold

17

to any given brand company are ultimately sold in the U.S. Brand companies and OEM customers

18

simply do not share this type of information with Elan. Most of these brand companies sell their

19

products worldwide, so even for an American company such as Dell, the fact that certain of its

20

products incorporated Elan's products does not necessarily mean these Dell products are sold in

21

the U.S.

22

5.

Elan maintains contact with brand companies to build and maintain business

23

relationships. The hope for Elan is to for these brand companies to specifically require its OEM

24

manufacturers to use Elan's products. This is not always successful.

25

6.

Elan may also have direct communications with brand companies to provide

26

customer support. Due to these contacts, Elan sometimes becomes aware of the internal project

27

codes of the brand companies. There are also instances where Elan and brand companies

28

corroborate on a project, in which case Elan would know the internal project code of the brand
DECL. OF IAN CHUNG ISO ELAN'S OPP'N TO APPLE'S
MOT. TO COMPEL

2

Case No. 09·cv-01531 RS (PSG)

I

customer. There are also instances where Elan becomes aware of the brand customers' internal

2

product codes through the OEM customers. Generally, however, Elan does not know the external

3

commercial product names of the brand customers.
7.

4
5

I have personally conducted searches within my department to locate any

information relating to the presence of Elan's products in the U.S.
8.

6

Elan uses a web order system to input each and every Elan customer's order

7

information. Attached as Exhibit A are the true and correct screenshots of Elan's web order

8

system.

9

9.

In Elan's web order system, "Customer Name" is the direct customer of Elan who

10

places the order with Elan. "Customer (2)" and "Customer (3)" are the possible or likely next

11

level customer if such information is available. Therefore, "Customer (2)" and "Customer (3)" are

12

indirect customers of Elan.

13

10.

There are only three levels of customer fields in the web order system. The second

14

or third level of customers could be the final customer of the complete downstream product (i.e.

15

brand companies); however, it may not always be the case.

16

II.

In Elan's web order system, territory ofsales is defmed based on the place-of­

17

business address of Elan's direct customer. For example, if the address ofa direct customer is in

18

China, then the territory ofsale of Elan's products for that particular order will be "China."

19

20
21
22
23

24
25
26

12.

Based on the searches of Elan's official database systems, there is no territory of

sales made to the United States for Elan's touch-sensing products.
13.

The "delivery address" is the location to which Elan's direct customer requires Elan

to ship the ordered products.
14.

Based on the information in Elan's database systems, there is no U.S. location

reflected for the "delivery address" for Elan's touch-sensing products.
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, in Hsinchu, Taiwan.

27
28
DECL. OF IAN CHUNG ISO ELAN'S OPP'N TO APPLE'S
MOT. TO COMPEL

3

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

1

2

~~

3

4

LEGAL02/326810 J7v3

~;:].

5
6

7

8

9

10
11

12

13

14

15
16

17

18

19

20
21

22

23

24

25
26

27

28

DECL. OF IAN CHUNG ISO ELAN'S OPP'N TO APPLE'S
MOT. TO COMPEL

4

Case No. 09-ov-o I531 RS (PSG)

EXHIBIT A