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)

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EXHIBIT 9 I 2 3 4 5 6 7 8 9 10 II 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) j ane.bu@alston.com JENNIFER LID (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 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

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