Elan Microelectronics Corporation v. Apple, Inc.

Filing 314

Declaration of Sonal N. Mehta in Support of 313 MOTION to Compel Elan Employee Depositions in N.D. Cal filed byApple, Inc.. (Attachments: # 1 Exhibit A)(Related document(s) 313 ) (Walter, Derek) (Filed on 6/28/2011)

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MATTHEW D. POWERS (Bar No. 104795)
[e-mail]
JARED BOBROW (Bar No. 133712)
[e-mail]
SONAL N. MEHTA (Bar No. 222086)
[e-mail]
DEREK C. WALTER (Bar. No. 246322)
[e-mail]
NATHAN GREENBLATT (Bar No. 262279)
[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 RANCISCO DIVISION

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ELAN MICROELECTRONICS
CORPORATION,

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Plaintiff and Counterclaim
Defendant,

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v.
APPLE INC.,
Defendant and Counterclaim
Plaintiff.

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Case No. C-09-01531 RS (PSG)
DECLARATION OF SONAL MEHTA
IN SUPPORT OF APPLE INC.’S
MOTION TO COMPEL ELAN’S
COMPLIANCE WITH THE PARTIES’
AGREEMENT THAT ELAN
EMPLOYEES WILL BE PRESENTED
FOR DEPOSITION IN THE
NORTHERN DISTRICT OF
CALIFORNIA
Date: August 2, 2011
Time: 10:00 a.m.
Judge: Hon. Paul Singh Grewal
Ctrm: 5, 4th Floor

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Mehta Decl ISO Apple’s Mtn to Compel Elan’s Compliance with
the Parties’ Agmt that Elan Employees will be Presented for
Deposition in the NDCA

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

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I, Sonal Mehta, declare:

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1.

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

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record for Apple Inc. (“Apple”) in the above-captioned matter. I submit this declaration based on

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personal knowledge and following a reasonable investigation.

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2.

In September 2009 and January 2011, I negotiated the terms of the parties’ joint

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initial and further CMC statements, respectively, with counsel for Elan. Both of these CMC

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statements included an agreement that the parties would make employees and inventors

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voluntarily available for deposition in the Northern District of California. At no point during the

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negotiation of these CMC statements did Elan suggest that the parties’ agreement was limited

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only to Elan’s claims in this action.
3.

Attached hereto as Exhibit A is a true and correct copy of an e-mail thread last

dated June 13, 2011.
I declare under penalty of perjury under the laws of the United States of America that the
forgoing is true and correct.
Executed on June 28, 2011 at Redwood Shores, California.

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/s/ Sonal Mehta
Sonal Mehta

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Mehta Decl ISO Apple’s Mtn to Compel Elan’s Compliance with
the Parties’ Agmt that Elan Employees will be Presented for
Deposition in the NDCA

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