Elan Microelectronics Corporation v. Apple, Inc.

Filing 332

Declaration of Nathan Greenblatt in Support of 323 Administrative Motion to File Under Seal Portions of the Supplemental Declaration of Robert Dezmelyk in Support of Elan's Reply to Apple's Opposition to Elan's Motion for Partial Summary Judgment of Infringement of United States Pate nt No. 5,825,352 And Supporting Documents filed byApple, Inc.. (Attachments: # 1 Proposed Order)(Related document(s) 323 ) (Greenblatt, Nathan) (Filed on 7/7/2011)

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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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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
PORTIONS OF THE SUPPLEMENTAL
DECLARATION OF ROBERT
DEZMELYK IN SUPPORT OF ELAN'S
REPLY TO APPLE'S OPPOSITION TO
ELAN'S MOTION FOR PARTIAL
SUMMARY JUDGMENT OF
INFRINGEMENT OF UNITED
STATES PATENT NO. 5,825,352 AND
SUPPORTING DOCUMENTS

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DECLARATION OF NATHAN GREENBLATT IN SUPPORT
OF ELAN'S ADMINISTRATIVE MOTION TO FILE UNDER
SEAL PORTIONS OF THE SUPP. DECL OF R. DEZMELYK

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

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I, Nathan Greenblatt, 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 Counter-Claimant Apple Inc. (“Apple”) in the above-captioned matter.

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I submit this declaration based on personal knowledge and following a reasonable investigation,

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in support of “Plaintiff Elan Microelectronics Corporations Administrative Motion to File Under

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Seal Portions of the Supplemental Declaration of Robert Dezmelyk in Support of Elan’s Reply to

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Apple’s Opposition to Elan’s Motion for Partial Summary Judgment of Infringment of United

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States Patent No. 5,825,352 and Supporting Documents” (Dkt. No. 323). If called upon as a

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witness, I could competently testify to the truth of each statement herein.

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1.

I  reviewed Exhibit A to the “Declaration of Palani P. Rathinasamy in Support of

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

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for Partial Summary Judgment of Infringement” (Dkt. No. 322) (filed under seal). Based on my

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review, the exhibit consists predominantly of confidential information regarding Apple's

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products, which could harm Apple if publicly disclosed.

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2.

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

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Dezmelyk in Support of Elan’s Reply to Apple’s Opposition to Elan’s Motion for Partial

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Summary Judgment of Infringement of United States Patent No. 5,825,352” (“Supplemental

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Dezmelyk Declaration”) that was provided to me by staff of counsel for Elan on July 5, 2011 at

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7:19 p.m. Based on my review, the redacted portions of the Supplemental Dezmelyk Declaration

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contain confidential information regarding the operation of Apple products which could harm

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Apple if publicly disclosed. Based on my review, the following additional portions of the

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Supplemental Dezmelyk Declaration that were not redacted in the version provided to me also

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contain confidential information regarding the operation of Apple products, and should be

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redacted: page 1, lines 20-21 (“the algorithm . . . or minima”); page 1, lines 25-28 (“to set . . .

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valid minima.”); page 2, lines 6-11 (“Apple considered . . . of the touch sensor.”).

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DECLARATION OF NATHAN GREENBLATT IN SUPPORT
OF ELAN'S ADMINISTRATIVE MOTION TO FILE UNDER
SEAL PORTIONS OF THE SUPP. DECL OF R. DEZMELYK

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

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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 July 7, 2011, at Redwood Shores, California.

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/s/ Nathan Greenblatt
Nathan Greenblatt

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DECLARATION OF NATHAN GREENBLATT IN SUPPORT
OF ADMINISTRATIVE MOTION TO FILE UNDER SEAL

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