Elan Microelectronics Corporation v. Apple, Inc.

Filing 318

Declaration of Nathan Greenblatt in Support of 291 Administrative Motion to File Under Seal Elan Microelectronics Corporation's Administrative Motion to File Under Seal Its Reply to Apple, Inc.'s Opposition to Elan's Motion for Partial Summary Judgment of Infringement and Supporting Documents filed byApple, Inc.. (Attachments: # 1 Proposed Order)(Related document(s) 291 ) (Greenblatt, Nathan) (Filed on 6/29/2011)

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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]
STEFANI SMITH (Bar No. 251305)
[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 FRANCISCO 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 NATHAN
GREENBLATT IN SUPPORT OF
PLAINTIFF ELAN
MICROELECTRONICS
CORPORATION'S ADMINISTRATIVE
MOTION TO FILE UNDER SEAL ITS
REPLY TO APPLE INC.’S
OPPOSITION TO ELAN’S MOTION
FOR PARTIAL SUMMARY
JUDGMENT OF INFRINGEMENT
AND SUPPORTING DOCUMENTS
(Dkt No. 291)

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JUDGE: Hon. Richard Seeborg

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DECLARATION OF NATHAN GREENBLATT IN SUPPORT
OF ELAN'S ADMINISTRATIVE MOTION TO FILE PAPERS
UNDER SEAL RE: ELAN MOT. PARTIAL SJ REPLY

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

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I, Nathan Greenblatt, declare:

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I am an attorney at Weil, Gotshal & Manges LLP, counsel of record for Defendant

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and Counter-Claimant Apple Inc. (“Apple”) in the above-captioned matter.

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declaration pursuant to Civil Local Rule 79-5(d) in support of “Plaintiff Elan Microelectronics

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Corporation’s Administrative Motion To File Under Seal Its Reply to Apple Inc.’s Opposition to

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Elan’s Motion for Partial Summary Judgment of Infringement and Supporting Documents” (Dkt.

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No. 291). I submit this declaration based on personal knowledge and following a reasonable

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investigation. If called upon, I could testify competently to the statements herein.

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1.

I submit this

I have reviewed the redacted version of “Elan Microelectonics

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Corporation’s Reply to Apple Inc.’s Opposition to Elan Microelectronics Corporation’s Motion

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for Partial Summary Judgment of Infringement of U.S. Patent No. 5,825,352” (Dkt. No. 303).

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Based on my review, the redacted portions contain confidential technical information regarding

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the operation of Apple products which could harm Apple if publicly disclosed. In addition, the

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unredacted portion of page 11, line 4 contains confidential technical information regarding the

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operation of Apple products which could harm Apple if publicly disclosed.

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2.

I have reviewed the redacted version of the “Declaration of Robert

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Dezmelyk in Support of Elan’s Reply to Apple’s Opposition to Elan Microelectronics

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Corporation’s Motion for Partial Summary Judgment of Infringement of U.S. Patent No.

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5,825,352.” 1 Based on my review, the redacted portions contain confidential codenames for

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Apple products and confidential technical information regarding the operation of Apple products

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which could harm Apple if publicly disclosed. In addition, the unredacted portions of page 14,

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line 4 and page 23, lines 26-27 contain confidential technical information regarding the operation

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of Apple products which could harm Apple if publicly disclosed.

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3.

I have reviewed a redacted version of Exhibit I to the Declaration of

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Jennifer Liu in Support of Plaintiff Elan Microelectronics Corporation’s Reply to Apple Inc.’s

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Opposition to Elan’s Motion for Partial Summary Judgment of Infringement (“Liu Decl.”) (Dkt.

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This document is listed as entry 302 on the case docket. However, when opened entry
302 appears to be a duplicate of entry 303.

DECLARATION OF NATHAN GREENBLATT IN SUPPORT
OF ELAN'S ADMINISTRATIVE MOTION TO FILE PAPERS
UNDER SEAL RE: ELAN MOT. PARTIAL SJ REPLY

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

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No. 293). Based on my review, the exhibit consists predominantly of confidential technical

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information which could harm Apple if publicly disclosed.

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I have reviewed a redacted version of Exhibit J to the Liu Decl. Based on

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my review, the exhibit consists predominantly of confidential technical information which could

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harm Apple if publicly disclosed.

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5.

I have reviewed a redacted version of Exhibit K to the Liu Decl. Based on

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my review, the exhibit is a confidential communication between the parties which could harm

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Apple if publicly disclosed.

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6.

I have reviewed a redacted version of Exhibit L to the Liu Decl. Based on

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my review, the exhibit consists of confidential communications between the parties which could

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harm Apple if publicly disclosed.

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7.

I have reviewed a redacted version of Exhibit M to the Liu Decl. Based on

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my review, the exhibit is a confidential communication between the parties which could harm

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Apple if publicly disclosed.

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I declare under penalty of perjury of the laws of the United States of America that
the foregoing is true and correct. Executed on June 9, 2011, at Redwood Shores, California.

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Respectfully submitted,

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WEIL, GOTSHAL & MANGES LLP
/s/ Nathan Greenblatt
Nathan Greenblatt
Attorney for Defendant and Counter-Claimant,
Apple Inc.

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DECLARATION OF NATHAN GREENBLATT IN SUPPORT
OF ELAN'S ADMINISTRATIVE MOTION TO FILE PAPERS
UNDER SEAL RE: ELAN MOT. PARTIAL SJ REPLY

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