Elan Microelectronics Corporation v. Apple, Inc.

Filing 306

Declaration of Derek C. Walter in Support of Apple's Reply to Elan's Opposition to Motion to Compel filed byApple, Inc.. (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 I, # 10 Exhibit J, # 11 Exhibit K)(Mehta, Sonal) (Filed on 6/21/2011)

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

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Attorneys for Defendant and Counterclaim Plaintiff
APPLE INC.

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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,
Plaintiff and Counterclaim
Defendant,

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v.
APPLE INC.,
Defendant and Counterclaim
Plaintiff.

Case No. C-09-01532 RS (PSG)
DECLARATION OF DEREK C.
WALTER IN SUPPORT OF APPLE
INC.'S REPLY TO ELAN’S
OPPOSITION TO MOTION TO
COMPEL (1) DISCOVERY
RELATING TO ELAN’S U.S. SALES;
(2) DOCUMENTS IMPROPERLY
WITHHELD ON THE BASIS OF
PRIVILEGE; AND (3) INVENTOR
DEPOSITIONS
Date:
Time:
Judge:
Ctrm:

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July 5, 2011
10:00 am
Hon. Paul Singh Grewal
5, 4th Floor

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Walter Declaration in Support of Apple’s Reply to Elan’s
Opposition to Motion to Compel

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

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I, Derek C. Walter, declare:

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I am an attorney with the law firm of Weil, Gotshal & Manges LLP, counsel of

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record for Defendant and Counterclaimant Apple Inc. (“Apple”) in the above-captioned matter. I

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submit this declaration based on personal knowledge and following a reasonable investigation. If

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called upon as a witness, I could competently testify to the truth of each statement herein.

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1.

Microsoft Corp., No. 02-0164 MHP (JL), 2003 U.S. Dist. LEXIS 8710 (N.D. Cal. Apr. 18, 2003).

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Attached as Exhibit A is a true and correct copy of AT&T Corp. v.

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Attached as Exhibit B is a true and correct copy of a presentation entitled

“Elantech Proposal,” and bearing production numbers ELN550000-ELN550027. (Filed under
seal.)

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3.

Attached as Exhibit C is a true and correct copy of Hynix Semiconductor

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Inc. v. Rambus Inc., No. CV-00-20905 RMW, 2008 U.S. Dist. LEXIS 11764 (N.D. Cal. Feb. 2,

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2008).

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4.

v. Dooney & Bourke, Inc., No. 04-5316, 2006 U.S. Dist. LEXIS 87096 (S.D.N.Y. Nov. 29, 2006).

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Attached as Exhibit D is a true and correct copy of Louis Vuitton Malletier

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Attached as Exhibit E is a true and correct copy of Honeywell, Inc. v.

Minolta Camera Co., No. 87-4847, 1990 U.S. Dist. LEXIS 5954 (D.N.J. May 15, 1990).

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Attached as Exhibit F is a true and correct copy of AIA Holdings, S.A., v.

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Lehman Bros., Inc., No. 97 Civ. 4978 (LMM) (HB), 2002 U.S. Dist. LEXIS 20107 (S.D.N.Y.

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Oct. 18, 2002).

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7.

Zenith Industries, No. 86 C 4302, 1988 U.S. Dist. LEXIS 7985 (N.D. Ill. July 25, 1988).

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Attached as Exhibit G is a true and correct copy of Oak Industries v.

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Attached as Exhibit H is a true and correct copy of In re Juniper Networks,

Inc. Sec. Litig., 2009 U.S. Dist. LEXIS 118859 (N.D. Cal. Dec. 9, 2009).

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Attached as Exhibit I is a true and correct copy of Britesmile, Inc. v.

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Discus Dental, Inc., No. 02-3220 JSW (JL), 2004 U.S. Dist. LEXIS 20023 (N.D. Cal. Aug. 10,

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2004).

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10.

Attached as Exhibit J is a true and correct copy of Pulse Eng'g, Inc. v.

Walter Declaration in Support of Apple’s Reply to Elan’s
Opposition to Motion to Compel

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

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Mascon, Inc., No. 08cv0595, 2009 U.S. Dist. LEXIS 92971 (S.D. Cal. Oct. 1, 2009).
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Attached as Exhibit K is a true and correct copy of Depomed, Inc. v. Ivax

Corp., No. C-06-0100 CRB (JCS), 2007 U.S. Dist. LEXIS 97835 (N.D. Cal. June 19, 2007).
I declare under the penalty of perjury under the laws of the United States of
America that the foregoing is true and correct.
Executed on June 21, 2011, at Redwood Shores, California.

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/s/ Derek C. Walter
Derek C. Walter

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Walter Declaration in Support of Apple’s Reply to Elan’s
Opposition to Motion to Compel

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