Elan Microelectronics Corporation v. Apple, Inc.

Filing 330

MOTION for Leave to File [APPLE INC.'S MOTION FOR LEAVE TO SUBMIT A SURREPLY MEMORANDUM IN OPPOSITION TO ELAN MICROELECTRONICS CORPORATION'S MOTION FOR PARTIAL SUMMARY JUDGMENT OF INFRINGEMENT OF U.S. PATENT 5,825,352] filed by Apple, Inc.. (Greenblatt, Nathan) (Filed on 7/6/2011)

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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 FRANCISCO DIVISION

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ELAN MICROELECTRONICS
CORPORATION,

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APPLE INC.’S MOTION FOR LEAVE
TO SUBMIT A SURREPLY
MEMORANDUM IN OPPOSITION TO
ELAN MICROELECTRONICS
CORPORATION’S MOTION FOR
PARTIAL SUMMARY JUDGMENT OF
INFRINGEMENT OF U.S. PATENT
5,825,352

Plaintiff and Counterclaim
Defendant,

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

v.
APPLE INC.,
Defendant and Counterclaim
Plaintiff.

DATE: July 14, 2011
TIME:
1:30 p.m.
JUDGE: Hon. Richard Seeborg
CTRM: 3, 17th Floor

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APPLE’S MOTION FOR LEAVE TO FILE SURREPLY TO
ELAN’S MOTION FOR PARTIAL SJ OF INFRINGEMENT

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

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Defendant Apple Inc. (“Apple”) hereby moves for leave to submit a short (11-page)

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surreply memorandum in opposition to Elan Microelectronics Corp.’s (“Elan”) Motion for Partial

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Summary Judgment of Infringement of U.S. Patent 5,825,352. As grounds for this Motion, Apple

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states that on May 5, 2011, Elan filed a motion for partial summary judgment of infringement,

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which Apple opposed. Then, on June 16, 2011, Elan filed a reply in support of said motion which

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among other things:
•

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Relies upon a new, twenty-six page expert declaration containing new opinions
based on new evidence never cited in Elan’s opening brief;

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•

Relies upon fifteen new exhibits never cited in Elan’s opening brief;

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•

Requests that the Court “revisit” a claim construction issue for the first time in a

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reply brief on summary judgment based on new arguments and evidence never

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presented during the prior claim construction proceedings or even in Elan’s

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opening summary judgment brief;

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•

Contains a variety of new arguments that are factually and legally erroneous; and

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Repeatedly mischaracterizes Apple’s positions.

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In addition, on July 5, 2011, Elan filed another supplemental expert declaration containing

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additional opinions, and relying on another new exhibit.

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Apple objects to Elan’s reliance on new evidence and arguments for the first time in reply

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and after reply. However, should the Court be inclined to consider them, given the importance of

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the issues, Apple respectfully requests that this Court enter an Order permitting it to file the

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surreply memorandum submitted under seal concurrently herewith to elucidate the issues for the

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Court.

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Dated: July 6, 2011

WEIL, GOTSHAL & MANGES LLP

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By:

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APPLE’S MOTION FOR LEAVE TO FILE SURREPLY
TO ELAN’S MOTION FOR PARTIAL SJ OF
INFRINGEMENT

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/s/ Jared Bobrow
Jared Bobrow
Attorneys for Defendant and
Counterclaim Plaintiff Apple Inc.

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