Elan Microelectronics Corporation v. Apple, Inc.

Filing 351

Declaration of Palani P. Rathinasamy in Support of 350 MOTION Leave to Amend Infringement Contentions Pursuant to Pat. L.R. 3-6 / Unopposed Motion for Leave to Amend Infringement Contentions Pursuant to Pat. L.R. 3-6 filed byElan Microelectronics Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Related document(s) 350 ) (DeBruine, Sean) (Filed on 7/22/2011)

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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,
Plaintiff and Counterdefendant,

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

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Case No. 5:09-cv-01531 RS (PSG)
DECLARATION OF PALANI P.
RATHINASAMY IN SUPPORT OF
ELAN MICROELECTRONICS
CORPORATION’S UNOPPOSED
MOTION TO AMEND INFRINGEMENT
CONTENTIONS PURSUANT TO PAT.
L.R. 3-6
Date: August 30, 2011
Time: 10:00 AM
Courtroom: 5
Honorable Paul S. Grewal

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DECL. OF PALANI P. RATHINASAMY ISO ELAN’S UNOPPOSED
MOT. TO AMEND INFRINGEMENT CONTENTIONS

Case No. 5:09-cv-01531 RS (PSG)

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I, Palani P. Rathinasamy, declare as follows:

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I am an associate with the law firm of Alston & Bird LLP, counsel to Plaintiff Elan

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Microelectronics Corporation (“Elan”) in this action. I have personal knowledge of the following

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facts and, if called to testify, I could and would testify competently to the matters stated herein.

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1.

Pursuant to Patent L. R. 3-1, on October 22, 2009 Elan served Apple with Elan’s

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Infringement Contentions concerning Elan’s asserted United States Patent No. (“the ’352 Patent”)

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and (“the ’353 Patent”). The parties disagreed as to the sufficiency of each party’s infringement

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contentions and on December 11, 2009, Elan served its Supplemental Infringement Contentions.

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2.

Elan’s October 22, 2009 and December 11, 2009 Infringement Contentions claimed

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infringement of the ’352 Patent by “Apple’s MacBook, MacBook Pro, MacBook Air, iBook G4,

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PowerBook G4, iPhone, iPod touch, and Magic Mouse products or product families”. Elan further

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explained that this includes “at least MacBook series or family, including but not limited to

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MacBook, MacBook Air, and MacBook Pro, iBook G4 (Mid 2005) series, and at least the

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PowerBook G4 series or family released after February 2005, iPhone series or family, including

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but not limited to iPhone, iPhone 3G, and iPhone 3GS, iPod touch series or family, and Magic

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Mouse series or family.”

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3.

Elan’s October 22, 2009 and December 11, 2009 Infringement Contentions alleged

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infringement of the ’353 Patent by “Apple’s iPhone and iPod touch products or product families.”

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Elan further explained that this includes “at least the iPhone series or family, including but not

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limited to iPhone, iPhone 3G, and iPhone 3GS, and iPod touch series or family.”

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4.

Apple announced its iPad product around January 2010 and released the product

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around April 2010. Elan filed its ITC complaint on March 28, 2010 asserting that Apple’s

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products, including the iPad, infringed Elan’s ’352 Patent and included claim charts setting out

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Elan’s infringement allegations.

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5.

Apple announced and released its iPhone 4 and Magic Trackpad products around

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June and July of 2010, respectively. On October 8, 2010, Elan supplemented its ITC interrogatory

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responses by asserting infringement of the 352 Patent by the iPhone 4 and Magic Trackpad

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products and provided a claim chart showing infringement of the Magic Trackpad. Elan provided
DECL. OF PALANI P. RATHINASAMY ISO ELAN’S UNOPPOSED
MOT. TO AMEND INFRINGEMENT CONTENTIONS

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Case No. 5:09-cv-01531 RS (PSG)

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a claim chart showing infringement of the iPhone 4 on November 4, 2010.

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Apple announced and released its iPad 2 product around March 2011.

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7.

Exhibit A is an e-mail from Elan’s Counsel to Apple’s Counsel on June 14, 2011,

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whereby Elan notified Apple that Elan planned to supplement its infringement contentions to

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include the iPad 2 product and to refer to the information generated during discovery and the

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hearing in the ITC investigation.

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8.

Exhibit B is an e-mail from Elan’s Counsel to Apple’s Counsel on July 13, 2011,

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whereby Elan provided Apple with amended infringement contentions and claim charts

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identifying infringement of the claims against the accused Apple products. Apple’s counsel

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responded this week that it would not oppose Elan’s request to supplement its contentions.

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Exhibit C is Elan’s proposed Amended Infringement Contentions. Exhibits D-G

(filed under seal) are infringement claim charts showing infringement by Apple’s products.
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Exhibit D (filed under seal) is a consolidated claim chart showing infringement of

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Elan’s ’352 Patent by Apple’s MacBook, MacBook Pro, MacBook Air, iPhone

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(Original/3G/3GS/4), iPod Touch, iPad (Original/2), Magic Mouse, and Magic Trackpad products.

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The original claim chart was served on Apple in the parallel ITC investigation on November 4,

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2010. Amended Exhibit A adds the iPad 2 product.

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Exhibit E (filed under seal) is a consolidated claim chart showing infringement of

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Elan’s 352 Patent by Apple’s Legacy Products. The claim chart incorporates Elan’s Motion for

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Partial Summary Judgment of Infringement filed on May 5, 2011.

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Exhibit F (filed under seal) is a consolidated claim chart showing infringement of

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Elan’s ’353 Patent by Apple’s iPhone (Original/3G/3GS/4) and iPad (Original/2) products. The

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original claim chart was served on Apple on December 11, 2009. Amended Exhibit F adds the

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iPhone 4, iPad, and iPad 2 products.

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13.

Exhibit G (filed under seal) is a claim chart showing infringement of Elan’s ’353

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Patent by Apple’s iPod Touch products. This claim chart is unchanged from the claim chart that

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was served on Apple on December 11, 2009.

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14.

Elan accuses the iPhone 4, iPad, iPad 2, and Magic Trackpad of infringing the same

DECL. OF PALANI P. RATHINASAMY ISO ELAN’S UNOPPOSED
MOT. TO AMEND INFRINGEMENT CONTENTIONS

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Case No. 5:09-cv-01531 RS (PSG)

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claims of Elan’s ’352 Patent for the same reasons as Elan identified in its original infringement

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contentions. Elan does not add any additional claims of the ’352 Patent.

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Elan accuses the iPhone 4, iPad, and iPad 2 of infringing the same claims of

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Elan’s ’353 Patent for the same reasons as Elan identified in its original infringement contentions.

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Elan identifies the same structure as infringing in the newly identified products as the structure

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identified in Elan’s original infringement contentions. Elan does not add any additional claims of

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the ’353 Patent.

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I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct.
Executed this 22nd day of July, 2011 at Menlo Park, California.

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By:

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/s/ Palani P. Rathinasamy
Palani P. Rathinasamy

LEGAL02/32752341v1

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DECL. OF PALANI P. RATHINASAMY ISO ELAN’S UNOPPOSED
MOT. TO AMEND INFRINGEMENT CONTENTIONS

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Case No. 5:09-cv-01531 RS (PSG)