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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MATTHEW D. POWERS (Bar No. 104795)
[e-mail]
201 Redwood Shores Parkway, Suite 401
Redwood Shores, CA 94065
Telephone: [phone]
Facsimile: [phone]

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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]
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 JOSE DIVISION

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ELAN MICROELECTRONICS
CORPORATION,

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Plaintiff and Counterclaim
Defendant,

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v.
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APPLE INC.,
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Defendant and Counterclaim
Plaintiff.

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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

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WALTER DECL. ISO APPLE’S OPPOSITION TO ELAN’S
MOTION TO SHORTEN TIME

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

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I, Derek C. Walter, declare:

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1.

I am an attorney with the law firm of Weil, Gotshal & Manges LLP,

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counsel of record for Defendant and Counter-Claimant Apple Inc. (“Apple”) in the above

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captioned matter.

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reasonable investigation. If called upon as a witness, I could competently testify to the truth of

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each statement herein.

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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

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July 13, 2011, Elan confirmed that it did not plan to accuse iOS Apps of infringing or try to

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extract royalties for the sale of iOS Apps. Rather, Elan explained that it sought discovery on iOS

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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.

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/s/

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Derek C. Walter_______
Derek C. Walter

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WALTER DECL. ISO APPLE’S OPPOSITION TO ELAN’S
MOTION TO SHORTEN TIME

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