Elan Microelectronics Corporation v. Apple, Inc.

Filing 368

Declaration of Derek C. Walter in Support of 367 MOTION for Leave to File Apple Inc.'s Opposition to Elan Microelectronics Corporation's Motion to Compel Discovery Related to Apple iOS Applications for the Accused Products on August 2, 2011 filed byApple, Inc.. (Attachments: # 1 Exhibit A)(Related document(s) 367 ) (Walter, Derek) (Filed on 8/2/2011)

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From: Sent: To: Cc: Subject: Walter, Derek Tuesday, August 02, 2011 10:04 AM Bu, Jane Apple Elan WGM Service; Elan Apple Team RE: Elan's Motion to Compel re Apple iOS Apps Related Discovery Jane: Thank you for your courtesy in this regard. We agree that this extension makes Elan's reply brief due on August 9. Thanks, Derek From: Bu, Jane [mailto:Jane.Bu@alston.com] Sent: Tuesday, August 02, 2011 9:48 AM To: Walter, Derek Cc: Apple Elan WGM Service; Elan Apple Team Subject: RE: Elan's Motion to Compel re Apple iOS Apps Related Discovery Derek: We do not object to the extension for Apple’s opposition. Please note that with this extension, pursuant to the L.R., Elan’s Reply will be due on August 9, instead of August 5. Best, Jane From: Walter, Derek [mailto:Derek.Walter@weil.com] Sent: Monday, August 01, 2011 2:58 PM To: Bu, Jane Cc: Apple Elan WGM Service; Elan Apple Team Subject: RE: Elan's Motion to Compel re Apple iOS Apps Related Discovery Jane: Apple intends to oppose Elan's motion. In calculating the date our opposition was due, we inadvertently applied the old rule and counted backward based on the hearing date. Please confirm that you'll agree to a short extension until August 2, 2011, for Apple to file its opposition. We apologize for any inconvenience this may have caused. Thanks, Derek From: Bu, Jane [mailto:Jane.Bu@alston.com] Sent: Monday, August 01, 2011 2:30 PM To: Walter, Derek 1 Cc: Apple Elan WGM Service; Elan Apple Team Subject: Elan's Motion to Compel re Apple iOS Apps Related Discovery Derek: Under revised NDCA Civil Local Rule 7-3, Apple’s Opposition to Elan’s Motion to Compel iOS Apps Related Discovery was due on Friday July 29, 2011, 14 days after the motion was filed. We have not received service of Apple’s Opposition. If Apple no longer opposes Elan’s Motion to Compel, please immediately provide us a date certain for Apple’s production re iOS Apps related discovery. Best, Jane ******************************************************* IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS and other taxing authorities, we inform you that any tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties that may be imposed on any taxpayer or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. ______________________________________________________ NOTICE: This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (404881-7000) or by electronic mail (postmaster@alston.com), and delete this message and all copies and backups thereof. Thank you. The information contained in this email message is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by email (postmaster@weil.com), and destroy the original message. Thank you. ******************************************************* IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS and other taxing authorities, we inform you that any tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties that may be imposed on any taxpayer or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. ______________________________________________________ NOTICE: This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (404881-7000) or by electronic mail (postmaster@alston.com), and delete this message and all copies and backups thereof. Thank you. 2

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