Elan Microelectronics Corporation v. Apple, Inc.

Filing 345

Declaration of Derek C. Walter in Support of 344 Opposition/Response to Motion to Shorten Time for Elan's Motion to Compel Discovery Related to the Apple iOS Applications for the Accused Products filed byApple, Inc.. (Attachments: # 1 Exhibit A)(Related document(s) 344 ) (Walter, Derek) (Filed on 7/18/2011)

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1 2 3 MATTHEW D. POWERS (Bar No. 104795) matthew.powers@tensegritylawgroup.com 201 Redwood Shores Parkway, Suite 401 Redwood Shores, CA 94065 Telephone: (650) 802-6000 Facsimile: (650) 802-6001 4 5 6 7 8 9 10 11 12 JARED BOBROW (Bar No. 133712) jared.bobrow@weil.com SONAL N. MEHTA (Bar No. 222086) sonal.mehta@weil.com DEREK C. WALTER (Bar. No. 246322) derek.walter@weil.com NATHAN GREENBLATT (Bar No. 262279) nathan.greenblatt@weil.com WEIL, GOTSHAL & MANGES LLP Silicon Valley Office 201 Redwood Shores Parkway Redwood Shores, CA 94065 Telephone: (650) 802-3000 Facsimile: (650) 802-3100 Attorneys for Defendant and Counterclaim Plaintiff Apple Inc. 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 SAN JOSE DIVISION 16 17 ELAN MICROELECTRONICS CORPORATION, 18 Plaintiff and Counterclaim Defendant, 19 v. 20 APPLE INC., 21 22 Defendant and Counterclaim Plaintiff. 23 Case No. C-09-01531 RS (PSG) DECLARATION OF DEREK C. WALTER IN SUPPORT OF APPLE’S OPPOSITION TO ELAN MICROELECTRONICS CORPORATION’S MOTION TO SHORTEN TIME FOR ITS MOTION TO COMPEL DISCOVERY RELATED TO APPLE iOS APPLICATIONS FOR THE ACCUSED PRODUCTS JURY TRIAL DEMANDED Hon. Paul Singh Grewal 24 25 26 27 28 WALTER DECL. ISO APPLE’S OPPOSITION TO ELAN’S MOTION TO SHORTEN TIME Case No. C-09-01531 RS (PSG) 1 I, Derek C. Walter, declare: 2 1. I am an attorney with the law firm of Weil, Gotshal & Manges LLP, 3 counsel of record for Defendant and Counter-Claimant Apple Inc. (“Apple”) in the above 4 captioned matter. 5 reasonable investigation. If called upon as a witness, I could competently testify to the truth of 6 each statement herein. 7 2. I submit this declaration based on personal knowledge and following a During a telephonic meet and confer on discovery issues on the morning of 8 July 13, 2011, Elan confirmed that it did not plan to accuse iOS Apps of infringing or try to 9 extract royalties for the sale of iOS Apps. Rather, Elan explained that it sought discovery on iOS 10 11 12 13 14 15 Apps as an “analysis tool.” 3. Attached as Exhibit A is a true and correct copy of July 14, 2011 email correspondence between Jane Bu and Derek Walter, sent between 5:05 p.m. and 7:05 p.m. 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 18, 2011 at Redwood Shores, California. 16 /s/ 17 Derek C. Walter_______ Derek C. Walter 18 19 20 21 22 23 24 25 26 27 28 WALTER DECL. ISO APPLE’S OPPOSITION TO ELAN’S MOTION TO SHORTEN TIME 1 Case No. C-09-01531 RS (PSG)

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