Elan Microelectronics Corporation v. Apple, Inc.

Filing 371

Declaration of Derek C. Walter in Support of 369 Opposition/Response to Motion to Compel Discovery Related to Apple iOS Applications for the Accused Products filed byApple, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Related document(s) 369 ) (Walter, Derek) (Filed on 8/2/2011)

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MATTHEW D. POWERS (Bar No. 104795)
[e-mail]
TENSEGRITY LAW GROUP LLP
201 Redwood Shores Parkway, Suite 401
Redwood Shores, CA 94065
Telephone: [phone]
Facsimile: [phone]
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
SAN JOSE DIVISION

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ELAN MICROELECTRONICS
CORPORATION,
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 DEREK C.
WALTER IN SUPPORT OF APPLE’S
OPPOSITION TO ELAN
MICROELECTRONICS
CORPORATION’S MOTION TO
COMPEL DISCOVERY RELATED
TO APPLE iOS APPLICATIONS FOR
THE ACCUSED PRODUCTS
DATE:
TIME:
JUDGE:
CTRM:

August 23, 2011
10:00 a.m.
Hon. Paul S. Grewal
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WALTER DECL. ISO APPLE’S OPPOSITION TO
ELAN’S MOTION TO COMPEL RE: iOS APPS

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

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I, Derek C. Walter, 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 Counterclaimant Apple Inc. (“Apple”) in the above-captioned matter. I

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submit this declaration based on personal knowledge and following a reasonable investigation. If

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called upon as a witness, I could competently testify to the truth of each statement herein.

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1.

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 extract

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

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an “analysis tool.”

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2.

Attached as Exhibit A is a true and correct copy of a webpage titled iOS

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Developer Library, retrieved from http://developer.apple.com/library/ios/navigation/index.html

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on August 1, 2011.

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3.

Attached as Exhibit B is a true and correct copy of iTunes Store Top 10

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Apps

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http://www.apple.com/euro/itunes/charts/apps/top10appstorepaid.html on July 29, 2011 .

–

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4.

Paid,

retrieved

from

Attached as Exhibit C is a true and correct copy of a Wikipedia entry titled

Angry Birds, retrieved from http://en.wikipedia.org/wiki/Angry_Birds on July 31, 2011.

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5.

Attached as Exhibit D is a true and correct copy of the iTunes Preview

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page

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birds/id343200656 on August 2, 2011.

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for

the

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Angry

Birds

app,

retrieved

from

http://itunes.apple.com/us/app/angry-

Attached as Exhibit E is a true and correct copy of an article entitled

“Weekly Ketchup: Angry Birds Movie In The Works,” July 8th 2011.

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7.

Attached as Exhibit F is a true and correct copy of Beinen v. Ctr. for the

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Study of Popular Culture, 2006 U.S. Dist. LEXIS 96088, No. C06-2298 JW (N.D. Cal. Oct. 31,

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2006).

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8.

Attached as Exhibit G is a true and correct copy of a press release titled

Apple Introduces the New iPhone 3G, dated June 9, 2008.
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Attached as Exhibit H is a true and correct copy of Sun Microsystems,

WALTER DECL. ISO APPLE’S OPPOSITION TO
ELAN’S MOTION TO COMPEL RE: iOS APPS

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

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Inc. v. Network Appliance, 2009 U.S. Dist. LEXIS 122779 (N.D. Cal. Dec. 21, 2009).
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Attached as Exhibit I is a true and correct copy of a web article titled

‘Angry Birds’ Reaches 250 Million Downloads, dated June 15, 2011.

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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 August 2, 2011, at Redwood Shores, California.

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/s/ Derek C. Walter
Derek C. Walter

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WALTER DECL. ISO APPLE’S OPPOSITION TO
ELAN’S MOTION TO COMPEL RE: iOS APPS

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