Elan Microelectronics Corporation v. Apple, Inc.

Filing 320

Declaration of Jane H. Bu in Support of 319 Opposition/Response to Motion to Compel Elan Witness Depositions in the Northern District of California filed byElan Microelectronics Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Related document(s) 319 ) (Bu, Jane) (Filed on 7/1/2011)

EXHIBIT 1

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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)
[e-mail]
JENNIFER LIU (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

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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ELAN MICROELECTRONICS
CORPORATION’S OBJECTIONS AND
RESPONSES TO APPLE, INC.’S
NOTICE OF DEPOSITION

Plaintiff,

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

ELAN MICROELECTRONICS
CORPORATION,

v.
APPLE, INC.,
Defendant.
AND RELATED COUNTERCLAIMS

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ELAN’S OBJECTIONS AND RESPONSES TO APPLE’S NOTICE
OF DEPOSITION

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

Plaintiff Elan Microelectronics Corporation (“Elan”) objects and responds to Defendant

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Apple, Inc.’s (“Apple”) Notice of Deposition to Elan Microelectronics Corporation (“Topics”) as

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follows:
GENERAL STATEMENTS AND OBJECTIONS

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1.

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Elan’s responses to Apple’s Notice of Depositions are based on Elan’s current

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knowledge after a reasonable inquiry. Elan’s investigation with regard to the subject matter of this

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action is ongoing, and Elan will supplement its responses and objections in accordance with

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applicable law. The following responses are provided without prejudice to Elan’s right to introduce

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at hearing or trial any evidence that is subsequently discovered relating to proof of currently known

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facts and to produce and introduce all evidence whenever discovered relating to the proof of

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subsequently discovered material facts. The following objections and responses do not constitute

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any admission by Elan as to the relevance, materiality, or admissibility into evidence of the subject

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matter or facts contained in any Topic or in Elan’s response. Elan reserves its right to refer to,

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conduct discovery with reference to, or offer into evidence any and all facts, and information

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notwithstanding the initial responses and objections interposed herein, consistent with applicable

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law.

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2.

a.

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Elan’s right to object on any ground (e.g., relevance, etc.) to the use of Elan’s

responses or any portion thereof in any proceedings, including this or any other action; and
b.

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Elan’s responses are made subject to and without waiver of:

Elan’s right to object on any ground to any additional discovery requests that

may be served in this action.
3.

Any statement made herein of an intent to produce documents is not, and shall not be

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deemed, an admission of any factual or legal contention contained in any individual Topic, nor that

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any particular documents exist or are relevant and admissible in this matter.

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4.

In addition to any specific objections which may be made on an individual basis in

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the separate responses set forth below, Elan objects generally to each Topic to the extent that it

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seeks to elicit information subject to and protected by the attorney-client privilege, the attorney

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work product doctrine and/or any other applicable privilege, immunity, or protection. Any
ELAN’S OBJECTIONS AND RESPONSES TO APPLE’S NOTICE
OF DEPOSITION

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

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inadvertent disclosure of such information shall not be deemed a waiver of the attorney-client

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privilege, the work product doctrine, or any other applicable privilege or immunity.

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5.

Elan objects to the Topics, including without limitation the “Definitions” and

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“Instructions” contained therein, to the extent that they seek to impose burdens or obligations upon

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Elan beyond what is prescribed and/or required by applicable law or Commission rules.

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6.

Elan objects generally to each Topic to the extent it seeks information or documents

consisting of confidential, proprietary, or trade secret information of non-parties.
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Elan objects generally to each Topic to the extent it seeks information that is not in

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Elan’s possession, custody, or control, or information that would be burdensome to locate, retrieve,

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prepare, review, and/or produce, where such burden outweighs any material benefit the information

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would have to the Investigation.

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8.

Elan objects generally to each Topic to the extent that it contains any factual or legal

misrepresentations, or where they are vague and/or ambiguous.
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These general objections are applicable to each and every one of the following

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specific objections and responses, and failure to repeat an objection in response to a specific Topic

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shall not be deemed a waiver of the objection. Further, if Elan specifically repeats one or more of

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these general objections in response to a specific Topic, such specific response shall not be a waiver

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of any other general objections.

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10.

Elan’s discovery responses are subject to any present or future Protective Order in

this case.

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GENERAL OBJECTIONS TO APPLE’S DEFINITIONS AND INSTRUCTIONS

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Elan objects to Apple’s “Definitions” and “Instructions” set forth in Apple’s Notice of

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Deposition as follows:
1.

Elan objects to the definition of “Elan,” “you,” and “your” to the extent that these

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terms are defined to include consultants and other categories of persons who are not parties to the

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above-captioned matter. Elan understands the term “Elan” to mean Elan Microelectronics

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Corporation, including its officers, directors, agents and representatives acting on its behalf. Elan

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objects to any Topic that purports to impose any obligation to obtain responsive information from
ELAN’S OBJECTIONS AND RESPONSES TO APPLE’S NOTICE
OF DEPOSITION

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

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non-parties. Elan will undertake to disclose responsive information, as further described below, that

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is located within the possession, custody, or control of Elan.

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2.

Elan objects to the definition of “Respondent” as vague, and as overbroad and

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unduly burdensome, to the extent that term is defined to include entities not named in the

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Investigation.

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3.

Elan objects to the definition of “Prior Art” to the extent that term is defined to

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include any system, method, apparatus, publication, patent or use which has been cited to Elan by a

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person or entity as prior art to the 352 patent with no reasonable basis.

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4.

Elan objects to the definition of “Related Patents” as overbroad and unduly

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burdensome. Elan objects to the definitions as they are used to seek information that is neither

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relevant nor reasonably calculated to lead to the discovery of admissible evidence.

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5.

Elan objects to the definition of “Communication” as overbroad. Elan also objects

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to this definition as vague and ambiguous with respect to the term, “any other medium,” which

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prevents Elan from reasonably ascertaining the meaning and scope of the term “Communication.”

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Elan objects to the definition of “Document” as overbroad and unduly burdensome

to the extent it encompasses documents not in Elan’s possession, custody or control.
SPECIFIC OBJECTIONS AND RESPONSES TO TOPICS

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TOPIC NO. 1:
The design, development, structure, function, and operation of Elan Touchpads or

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touchscreens that have been sold or offered for sale in, or imported into, the United States.

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RESPONSE TO TOPIC NO. 1:

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Elan incorporates by reference each of its foregoing General Objections. Elan further

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objects to this Topic to the extent it seeks information that is not within Elan’s possession, control

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or custody. Elan objects to this topic as vague and impossible for Elan to discern. Elan does not

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have sufficient knowledge with respect to its touchpads or touchscreens that have been “sold,

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offered for sale or imported into, the United States” as Elan does not directly sell its touch-sensing

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products to downstream U.S. customers. Elan also objects to the Topic to the extent it is

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redundant to the depositions already taken by Apple in the parallel ITC Action.
ELAN’S OBJECTIONS AND RESPONSES TO APPLE’S NOTICE
OF DEPOSITION

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

Subject to and without waiving the above general and specific objections, Elan will

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designate and produce one or more witnesses to testify to Elan’s knowledge of this Topic at a

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time and place to be agreed upon by the parties to this action.

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TOPIC NO. 2:
The sales and marketing of Elan Touchpads or touchscreens that have been sold or offered

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for sale in, or imported into, the United States, including without limitation, all efforts to sell,

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market or promote the inclusion or use of Elan Touchpads or touchscreens in products sold,

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offered for sale, imported, or intended for sale, offer for sale, importation or use in the United

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States.

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RESPONSE TO TOPIC NO. 2:
Elan incorporates by reference each of its foregoing General Objections. Elan further

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objects to this Topic to the extent it seeks information that is not within Elan’s possession, control

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or custody. Elan objects to this topic as vague and impossible for Elan to discern. Elan does not

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have sufficient knowledge with respect to its touchpads or touchscreens that have been “sold,

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offered for sale or imported into, the United States” as Elan does not directly sell its touch-sensing

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products to downstream U.S. customers, and Elan does not have the knowledge whether other

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parties “intend” to sell Elan touch-sensing products in the United States. Elan also objects to the

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Topic to the extent it is redundant to the depositions already taken by Apple in the parallel ITC

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Action.

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Subject to and without waiving the above general and specific objections, Elan will

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designate and produce one or more witnesses to testify to Elan’s knowledge of this Topic at a time

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and place to be agreed upon by the parties to this action.

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TOPIC NO. 3:

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Elan’s communications and contacts with third parties relating to the actual or potential

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supply or inclusion of Elan Touchpads or touchscreens in products that have been sold or offered

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for sale in, or imported into, the United States.

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RESPONSE TO TOPIC NO. 3:

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Elan incorporates by reference each of its foregoing General Objections. Elan further
ELAN’S OBJECTIONS AND RESPONSES TO APPLE’S NOTICE
OF DEPOSITION

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

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objects to this Topic to the extent it seeks information that is not within Elan’s possession, control

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or custody. Elan also objects to the Topic to the extent it is redundant of Topic 2 and of the

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depositions already taken by Apple in the parallel ITC Action.

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Subject to and without waiving the above general and specific objections, Elan will

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designate and produce one or more witnesses to testify to Elan’s knowledge of this Topic at a time

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and place to be agreed upon by the parties to this action.

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TOPIC NO. 4:

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The transfer or acquisition of rights to or in US Patent No. 5,825,352, including without
limitation, all agreements by or between Logitech, Inc., K-Tech Devices Corp., Elantech Devices

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Corp. and/or Elan.

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RESPONSE TO TOPIC NO. 4:

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Elan incorporates by reference each of its foregoing General Objections. Elan further

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objects to this Topic to the extent it seeks information protected from disclosure by the attorney-

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client privilege, the attorney work product doctrine or any other applicable privilege, immunity or

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protection. Elan also objects to this Topic since it is redundant to the discovery, including

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deposition testimony, already taken by Apple in the parallel ITC Action. Particularly, Elan directs

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Apple to Mr. Wayne Chang’s testimony given during his November 15-16, 2010 depositions and

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the ITC Action.

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Subject to and without waiving the above general and specific objections, Elan responds

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that it is willing to meet and confer with Apple to determine what if any additional, relevant

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information Elan might provide in response to this Topic.

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TOPIC NO. 5:

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The merger or acquisition of K-Tech Devices Corp. with or by Elantech Devices Corp.
RESPONSE TO TOPIC NO. 5:
Elan incorporates by reference each of its foregoing General Objections. Elan further

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objects to this Topic to the extent it seeks information protected from disclosure by the attorney-

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client privilege, the attorney work product doctrine or any other applicable privilege, immunity or

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protection. Elan also objects to this Topic since it is redundant to the discovery, including
ELAN’S OBJECTIONS AND RESPONSES TO APPLE’S NOTICE
OF DEPOSITION

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

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deposition testimony, already taken by Apple in the parallel ITC Action. Particularly, Elan directs

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Apple to Mr. Wayne Chang’s testimony given during his November 15-16, 2010 depositions and

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the ITC Action.

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Subject to and without waiving the above general and specific objections, Elan responds

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that it is willing to meet and confer with Apple to determine what if any additional, relevant

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information Elan might provide in response to this Topic.

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TOPIC NO. 6:

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The conception and reduction to practice of U.S. Patent No. 5,825,352.
RESPONSE TO TOPIC NO. 6:
Elan incorporates by reference each of its foregoing General Objections. Elan further

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objects to this Topic to the extent it seeks information that is not within Elan’s possession, control

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or custody. Elan also objects to the Topic to the extent it is redundant to the depositions

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previously taken by Apple. Particularly, Elan directs Apple to Mr. Steven Bisset and Mr. Paul

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Haughey’s depositions taken on September 27, 2010 and October 12, 2010 and to Apple’s March

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26, 2010 Subpoena issued to Logitech and any documents produced by Logitech in response to

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that subpoena.

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Subject to and without waiving the above general and specific objections, Elan responds

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that Elan will not designate or produce additional witness(es) for this Topic. However, Elan is

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willing to meet and confer with Apple to determine what if any additional, relevant information

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Elan might provide in response to this Topic.

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TOPIC NO. 7:

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The conception and reduction to practice of U.S. Patent No. 7,274,353.
RESPONSE TO TOPIC NO. 7:
Elan incorporates by reference each of its foregoing General Objections. Elan further

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objects to this Topic to the extent it seeks information that is not within Elan’s possession, control

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or custody. Particularly, none of the 353 patent inventors are still employed by Elan.

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Subject to and without waiving the above general and specific objections, Elan will

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designate and produce one or more witnesses to testify to Elan’s knowledge of this Topic at a time
ELAN’S OBJECTIONS AND RESPONSES TO APPLE’S NOTICE
OF DEPOSITION

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

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and place to be agreed upon by the parties to this action.

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TOPIC NO. 8:

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Licensing or efforts to license US Patent No. 5,825,352, US Patent No. 7,274,353 and

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related patents, including without limitation, the nature, terms, and scope of any license or offer to

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license; all efforts to license and all negotiations related to the licensing; discussions or

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communications relating to possible business agreements or arrangements relating to or arising out

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of licensing discussions; and discussions or communications with prospective licensees, including

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but not limited to demand letters, notice letters, presentations and claim charts.

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RESPONSE TO TOPIC NO. 8:

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Elan incorporates by reference each of its foregoing General Objections. Elan further

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objects to this Topic to the extent it seeks information protected from disclosure by the attorney-

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client privilege, the attorney work product doctrine or any other applicable privilege, immunity or

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protection. Elan also objects to this Topic since it is redundant to the discovery, including

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deposition testimony, already taken by Apple in the parallel ITC Action. Particularly, Elan directs

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Apple to Mr. Wayne Chang’s testimony given during his November 15-16, 2010 depositions and

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the ITC Action. Elan further directs Apple to Elan’s Second Supplemental response to Apple’s

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Interrogatory No. 7 dated May 13, 2011 where it states that Elan has not licensed or attempted to

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license the 353 patent.

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Subject to and without waiving the above general and specific objections, Elan responds

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that it is willing to meet and confer with Apple to determine what if any additional, relevant

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information Elan might provide in response to this Topic.

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TOPIC NO. 9:

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The settlement of any claim relating to US Patent No. 5,825,352, US Patent No. 7,274,353

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and related patents, including without limitation, settlement negotiations.

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RESPONSE TO TOPIC NO. 9:

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Elan incorporates by reference each of its foregoing General Objections. Elan further

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objects to this Topic to the extent it seeks information protected from disclosure by the attorney-

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client privilege, the attorney work product doctrine or any other applicable privilege, immunity or
ELAN’S OBJECTIONS AND RESPONSES TO APPLE’S NOTICE
OF DEPOSITION

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

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protection. Elan also objects to this Topic since it is redundant to the discovery, including

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deposition testimony, already taken by Apple in the parallel ITC Action. Particularly, Elan directs

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Apple to Mr. Wayne Chang’s testimony given during his November 15-16, 2010 depositions and

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the ITC Action. Elan further directs Apple to Elan’s Second Supplemental response to Apple’s

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Interrogatory No. 7 dated May 13, 2011 where it states that Elan has not licensed or attempted to

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license the 353 patent.
Subject to and without waiving the above general and specific objections, Elan responds

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that it is willing to meet and confer with Apple to determine what if any additional, relevant

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information Elan might provide in response to this Topic.

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TOPIC NO. 10:
The revenues, sales, costs, profits, margins, expenses and other financial information for

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the Elan Touchpads or touchscreens that have been sold or offered for sale in, or imported into, the

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United States.

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RESPONSE TO TOPIC NO. 10:
Elan incorporates by reference each of its foregoing General Objections. Elan further

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objects to this Topic to the extent it seeks information that is not within Elan’s possession, control

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or custody. Elan objects to this topic as vague and impossible for Elan to discern. Elan does not

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have knowledge of all of the Elan touchpads or touchscreens that have been “sold, offered for sale

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or imported into, the United States” as Elan does not directly sell its touch-sensing products to

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downstream U.S. customers.
Subject to and without waiving the above general and specific objections, Elan will

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designate and produce one or more witnesses having knowledge responsive to Elan’s financial

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information for the Elan Touchpads or touchscreens at a time and place to be agreed upon by the

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parties to this action.

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TOPIC NO. 11:
Elan’s knowledge of Apple’s alleged infringement of each asserted claim of US Patent No.

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5,825,352 and US Patent No. 7,274,353.

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ELAN’S OBJECTIONS AND RESPONSES TO APPLE’S NOTICE
OF DEPOSITION

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

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RESPONSE TO TOPIC NO. 11:

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Elan incorporates by reference each of its foregoing General Objections. Elan further

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objects to this Topic to the extent it seeks information that is protected from disclosure by the

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attorney-client privilege, the attorney work product doctrine or any other applicable privilege,

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immunity or protection. To the extent there is any non-privileged information, Elan objects to this

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Topic since it is redundant to the discovery, including deposition testimony, already taken by

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Apple in the parallel ITC Action. Particularly, Elan directs Apple to Mr. Wayne Chang’s

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testimony given during his November 15-16, 2010 depositions and the ITC Action and Elan’s

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interrogatory responses to Apple.

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Subject to and without waiving the above general and specific objections, Elan responds

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that Elan will not designate or produce a witness for this Topic.

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TOPIC NO. 12:

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Elan’s decision to bring this action against Apple, including, but not limited to, Elan’s

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decision to assert each of US Patent No. 5,825,352, US Patent No. 7,274,353 and related patents

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against Apple.

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RESPONSE TO TOPIC NO. 12:

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Elan incorporates by reference each of its foregoing General Objections. Elan further

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objects to this Topic to the extent it seeks information that is protected from disclosure by the

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attorney-client privilege, the attorney work product doctrine or any other applicable privilege,

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immunity or protection. To the extent there is any non-privileged information, Elan objects to this

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Topic since it is redundant to the discovery, including deposition testimony, already taken by

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Apple in the parallel ITC Action. Particularly, Elan directs Apple to Mr. Wayne Chang’s

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testimony given during his November 15-16, 2010 depositions and the ITC Action and Elan’s

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interrogatory responses to Apple.

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Subject to and without waiving the above general and specific objections, Elan responds

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that Elan will not designate or produce a witness for this Topic.

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TOPIC NO. 13:

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All efforts by or on behalf of Elan to satisfy the marking requirements of 35 U.S.C. § 287
ELAN’S OBJECTIONS AND RESPONSES TO APPLE’S NOTICE
OF DEPOSITION

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

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for each of US Patent No. 5,825,352, US Patent No. 7,274,353 and related patents.

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RESPONSE TO TOPIC NO. 13:
Elan incorporates by reference each of its foregoing General Objections. Subject to and

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without waiving the above general and specific objections, Elan will designate and produce one or

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more witnesses having knowledge responsive to this Topic at a time and place to be agreed upon

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by the parties to this action.

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TOPIC NO. 14:
Elan’s first awareness of the Apple patents-in-suit and actions taken in response, including

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without limitation, any study, investigation or analysis of the Apple patents-in-suit or related

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patents.

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RESPONSE TO TOPIC NO. 14:

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Elan incorporates by reference each of its foregoing General Objections. Elan further

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objects to this Topic to the extent it seeks information that is protected from disclosure by the

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attorney-client privilege, the attorney work product doctrine or any other applicable privilege,

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immunity or protection. To the extent there is any non-privileged information, Elan directs Apple

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to Elan’s response to Apple’s Interrogatory No. 11.
Subject to and without waiving the above general and specific objections, Elan responds

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that Elan will not designate or produce a witness for this Topic.

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TOPIC NO. 15:
The demonstration, use, and identity of Elan products and literature shown, displayed

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and/or demonstrated at tradeshows or conferences in the United States, including without

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limitation, CES.

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RESPONSE TO TOPIC NO. 15:
Elan incorporates by reference each of its foregoing General Objections. Subject to and

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without waiving the above general and specific objections, Elan will designate and produce one or

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more witnesses having knowledge responsive to this Topic at a time and place to be agreed upon

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by the parties to this action.

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ELAN’S OBJECTIONS AND RESPONSES TO APPLE’S NOTICE
OF DEPOSITION

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

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TOPIC NO. 16:
All indemnity agreements in which Elan has an indemnity obligation to another party

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related to patent infringement in the United States, including without limitation, for the Apple

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patents-in-suit.

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RESPONSE TO TOPIC NO. 16:

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Elan incorporates by reference each of its foregoing General Objections. Elan further

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objects to this Topic to the extent it seeks information that is protected from disclosure by the

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attorney-client privilege, the attorney work product doctrine or any other applicable privilege,

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immunity or protection. Elan also objects to this Topic to the extent it seeks information that is

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not within Elan’s possession, control or custody.

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Subject to and without waiving the above general and specific objections, Elan will

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designate and produce one or more witnesses having knowledge responsive to this Topic at a time

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and place to be agreed upon by the parties to this action.

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TOPIC NO. 17:

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Elan’s use or reference to Apple, Apple products or Apple patents in the sales and

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marketing of Elan products.

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RESPONSE TO TOPIC NO. 17:

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Elan incorporates by reference each of its foregoing General Objections. Elan further

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objects to this Topic to the extent it seeks information that is protected from disclosure by the

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attorney-client privilege, the attorney work product doctrine, common interest privilege or any

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other applicable privilege, immunity or protection. Elan also objects to the Topic to the extent it is

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redundant to the depositions already taken by Apple in the parallel ITC Action.

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Subject to and without waiving the above general and specific objections, Elan will

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designate and produce one or more witnesses having knowledge responsive to this Topic at a time

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and place to be agreed upon by the parties to this action.

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TOPIC NO. 18:

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Communications or contacts with existing or potential customers regarding Apple products
or Apple patents.
ELAN’S OBJECTIONS AND RESPONSES TO APPLE’S NOTICE
OF DEPOSITION

11

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

1

RESPONSE TO TOPIC NO. 18:

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Elan incorporates by reference each of its foregoing General Objections. Elan further

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objects to this Topic to the extent it seeks information that is protected from disclosure by the

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attorney-client privilege, the attorney work product doctrine, common interest privilege or any

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other applicable privilege, immunity or protection. Elan also objects to the Topic to the extent it is

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redundant to the depositions already taken by Apple in the parallel ITC Action.

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Subject to and without waiving the above general and specific objections, Elan will

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designate and produce one or more witnesses having knowledge responsive to this Topic at a time

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and place to be agreed upon by the parties to this action.

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TOPIC NO. 19:
The emulation, use, study, reverse-engineering, or other consideration of any Apple

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product in the design and development of Elan products.

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RESPONSE TO TOPIC NO. 19:

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Elan incorporates by reference each of its foregoing General Objections. Elan further

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objects to this Topic to the extent it seeks information that is protected from disclosure by the

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attorney-client privilege, the attorney work product doctrine, common interest privilege or any

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other applicable privilege, immunity or protection.
Subject to and without waiving the above general and specific objections, to the extent

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there is non-privileged information, Elan will designate and produce one or more witnesses having

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knowledge responsive to this Topic at a time and place to be agreed upon by the parties to this

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action.

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TOPIC NO. 20:

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Authentication of documents and things regarding the foregoing topics.
RESPONSE TO TOPIC NO. 20:
Elan incorporates by reference each of its foregoing General Objections. Elan also objects

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that this Topic is vague and ambiguous as to the “documents and things” Apple intends. Elan

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further objects to this Topic as it is calling for a legal conclusion.

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Subject to and without waiving the above general and specific objections, Elan will
ELAN’S OBJECTIONS AND RESPONSES TO APPLE’S NOTICE
OF DEPOSITION

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

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designate and produce one or more witnesses to testify to Elan’s knowledge of this Topic at a time

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and place to be agreed upon by the parties to this action.

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TOPIC NO. 21:

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The identity of persons knowledgeable regarding the foregoing topics.
RESPONSE TO TOPIC NO. 21:
Elan incorporates by reference each of its foregoing General Objections. Subject to and

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without waiving the above general and specific objections, Elan will designate and produce one or

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more witnesses to testify to Elan’s knowledge of this Topic at a time and place to be agreed upon

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by the parties to this action.

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DATED: June 9, 2011

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Respectfully submitted,
ALSTON & BIRD LLP

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By:

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LEGAL02/32674006v2

/s/ Sean P. DeBruine
Sean P. DeBruine
Attorneys for Plaintiff
ELAN MICROELECTRONICS CORPORATION

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ELAN’S OBJECTIONS AND RESPONSES TO APPLE’S NOTICE
OF DEPOSITION

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