Elan Microelectronics Corporation v. Apple, Inc.

Filing 384

Declaration of Nathan Greenblatt in Support of Apple's Opposition to Elan Microelectronic Corporation's Motion to Compel Discovery on Various Issues 357 filed byApple, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Greenblatt, Nathan) (Filed on 8/9/2011)

EXHIBIT 2

In The Matter Of:
ELAN MICROELECTRONICS v.
APPLE

GREG MARRIOTT
July 26, 2011

GROSSMAN & COTTER
117 S CALIFORNIA AVE, SUITE D201
PALO ALTO, CA 94306
650.324.1181
www.gandc.com

Original File MARRGR072611WO.TXT

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ELAN MICROELECTRONICS v.
APPLE

GREG MARRIOTT
July 26, 2011
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

ELAN MICROELECTRONICS
CORPORATION,
Plaintiff,
-vs-

No. C-09-01531
RS (PVT)

APPLE, INC.,
Defendant.
/

DEPOSITION OF GREG MARRIOTT
HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
PAGES 1 to 90
TUESDAY, JULY 26, 2011

Reported by:

LOUISE MARIE SOUSOURES, CSR NO. 3575
Certified LiveNote Reporter

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I N D E X

EXAMINATION BY:

A P P E A R A N C E S

FOR ELAN MICROSTYSTEMS:
ALSTON & BIRD
BY: SEAN DeBRUINE,
ATTORNEY AT LAW
275 MIDDLEFIELD ROAD, STE. 150
MENLO PARK, CA

94025

650.838.2000
[e-mail]

FOR APPLE, INC.:
WEIL, GOTSHAL & MANGES LLP
BY:

SONAL MEHTA,
DEREK C. WALTER,
ATTORNEYS AT LAW

201 REDWOOD SHORES PARKWAY
REDWOOD SHORES,

CA

94065

650.802.3000
[e-mail]

THE VIDEOGRAPHER:
ALINE MAYER, CYRUS PRODUCTIONS

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EXHIBITS:
1

PAGE

Document entitled "Identifying

21

iPod models"
2

U.S. patent No. 7,495,659 B2

25

3

Document production Nos. APEL 0337411

43

to 448
4

(Withdrawn)

5

Document production Nos. APEL 0339928

6

Document production Nos. APEL 0351386

75

to 932
78

to 388
7

Document production No. APEL 0340584

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PAGE

MR. DeBRUINE

82

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BE IT REMEMBERED that, pursuant to Notice
of Taking Deposition, commencing at the hour of 9:12
a.m. thereof, at 275 Middlefield Road, Menlo Park,
California, before me, LOUISE MARIE SOUSOURES, a
Certified Shorthand Reporter, the following
proceedings were had:
PROCEEDINGS
THE VIDEOGRAPHER: Good morning. Here marks
the beginning of the deposition of Greg Marriott in
the matter of Elan Microelectronics Corporation
versus Apple, Inc., in the United States District
Court, Northern District of California, San Jose
Division, case C09-01531 RS (PVT).
We're located at 275 Middlefield Road in
Menlo Park, California, on July 26th, 2011 at
approximately 9:12.
My name is Aline Mayer of Cyrus Productions,
Oakland, California, 510-326-9332, and our court
reporter is Louise Sousoures of Grossman & Cotter.
Counsel, please introduce yourselves and
state whom you represent for the record.
MR. DeBRUINE: I'm Sean DeBruine of Alston &
Bird. I represent the plaintiff Elan
Microelectronics.
MS. MEHTA: Sonal Mehta of Weil, Gotshal for

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GREG MARRIOTT
July 26, 2011

ELAN MICROELECTRONICS v.
APPLE
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Apple and with me is Derek Walter.
THE VIDEOGRAPHER: If there are no
stipulations, the court reporter may swear in the
witness.
--oOo-GREG MARRIOTT,
having been first duly sworn by the
Certified Shorthand Reporter to tell
the truth, the whole truth, and nothing
but the truth, testified as follows:
EXAMINATION BY MR. DeBRUINE:
Q. Good morning, Mr. Marriott.
Can you please state your full name for the
record?
A. Gregory Barton Marriott.
Q. What is your current address?
A. I live at 58 Lawai Street, Honolulu, Hawaii.
Q. Mr. Marriott, are you currently employed?
A. No.
Q. Can you -- let's stop for a second and let
me go over the basics of depositions.
Have you ever had your deposition taken
before?
A. I have.
Q. How many times?

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A. This was at General Magic.
Q. Okay. Since you've had your deposition
taken before, I'll just go over sort of the procedure
here briefly.
You understand that you're under oath here
to tell the truth just as if you were in court?
A. Yes.
Q. You'll notice, of course, there's no judge
here. From time to time, your -- the other lawyers
here may object to how I ask a question. I may
rephrase the question based on that.
If not, you're free to answer the question
and the objection will be noted and ruled on by the
Court later?
Do you understand that?
A. I do.
Q. Okay. As I think you probably are also
aware, the court reporter will prepare a written
transcript of everything that's said here so it's
important that your answers be verbal.
Nods, shakes of the head, uh-huhs and
huh-uhs are very hard to transcribe on the record.
A. I understand.
Q. Once we're done, you'll be given an
opportunity to review the transcript and make changes

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A. Three times.
Q. And in what matters did you have your
deposition taken?
A. One was a previous lawsuit involving one of
my other patents at Apple, that was a couple years
ago.
And the two other times were at previous
employers.
Q. Okay. And who were the parties to the
lawsuit involving your other patent at Apple?
A. I don't remember.
Q. You don't remember who the other party was?
A. No. I -- give me -- maybe Burst.
Q. And how many patents do you have?
A. I couldn't tell you. It's about a dozen or
so.
Q. Okay.
A. They're all assigned to Apple.
Q. Okay. The -- what were the other two
lawsuits where you were deposed?
A. I don't even recall.
They were some contractual matters with like
hardware contractors.
Q. Okay. And what companies were you working
for?

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to it.
Do you understand, though, if you do make
changes, I or others in connection with the case will
be able to comment on your changes?
A. Okay.
Q. Are you represented by counsel here today?
A. No.
Q. Okay.
MS. MEHTA: Actually, we should talk about
that. I think I am here representing Mr. Marriott.
If you want us to talk about that offline, we can do
that. We previously told you we're representing
Mr. Marriott.
MR. DeBRUINE: I understand that. Doesn't
seem to be the witness' understanding.
MS. MEHTA: He may be confused. We can talk
about it offline.
MR. DeBRUINE: All right.
BY MR. DeBRUINE:
Q. Mr. Marriott, did you do anything to prepare
for the deposition today?
A. Yes.
Q. What did you do?
A. I reviewed the patent that we're going to
talk about. I had some conversations with Apple's

GROSSMAN & COTTER

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ELAN MICROELECTRONICS v.
APPLE

GREG MARRIOTT
July 26, 2011
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BY MR. DeBRUINE:
Q. Okay. But at some point, you submitted
something in writing to the attorneys that described
what you believed to be the invention; is that
correct?
MS. MEHTA: I'm going to caution you not to
reveal any communications you had with the attorneys.

You can -- assuming you'll agree it's not a
waiver, I can let him answer yes or no.
MR. DeBRUINE: I'll agree it's not a waiver.
THE WITNESS: Yes.
BY MR. DeBRUINE:
Q. Okay.
A. But in this particular case, I don't know if
it was me who did that.
Q. Okay. So you just assumed that had to have
happened?
A. Well, it's here, so somebody communicated
something. I just don't know if it was necessarily
me who did it in this case or somebody else.
Q. Okay. And I may have asked you this
already, but did you yourself make any effort to
provide any prior art as part of the application
process?
MS. MEHTA: Objection, asked and answered.

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(Exhibit No. 5 was marked.)
BY MR. DeBRUINE:
Q. Mr. Marriott, you've been handed what's been
marked as Exhibit 5, it's a document that bears
production number APEL 0339928 through 9932. It
appears to be a forwarded e-mail from Jim Dumont and

you're listed as one of the recipients; is that
correct?
A. That's correct.
Q. And this appears to be -- well, the subject
of the forwarded e-mail is ASU posting request.
Do you know what that means?
A. Yes. ASU is Apple software update.
Q. And what's an Apple software update?
A. That's the process by which software can be
pushed out to customers.
So on their Mac, there will be a menu item
called software update and it will go check to see if
there's any updates available for any software they
have on their machine.
So a posting request for ASU is a request to
make software available via that mechanism to
customers.
Q. And this particular request has to do with
updated iPod software, correct?

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THE WITNESS: Yeah, I did not.
BY MR. DeBRUINE:
Q. Okay. Did you provide, for example, any
documents describing how the previous touch wheel
product operated?
MS. MEHTA: Objection, vague, foundation.
THE WITNESS: I don't believe I did. I
don't remember.
BY MR. DeBRUINE:
Q. At any time when you were in the iPod group,
did you discuss or experiment with allowing more than
one finger to contact the touch wheel?
A. I don't recall having any conversations like
that.
Q. Do you recall any conversations about that
with regard to the iPod touch product?
A. No. Our team wasn't involved in developing
that product.
Q. What team was involved in developing the
iPod touch?
MS. MEHTA: Objection, foundation.
THE WITNESS: I don't know. It just wasn't
ours. It shipped with the name iPod, but it's a
whole different product family, so ...
MR. DeBRUINE: 5.

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A. Yeah, the name on the request is iPod
software 3.0.1 updater.
Q. Okay. Was the iPod software 3.0.1 released
in connection with any particular product or group of
products, iPod products?
A. I'm sure it was, but I couldn't tell you
which ones.
Q. Okay. On the third page, 9930, there's a
discussion in the first two paragraphs of the iPod
3.0 software and below that iPod software 2.2 and
1.1.
Do you see that?
A. Yes.
Q. Does that refresh your recollection as to
what version the iPod 3.0 software was?
A. No, but if I read through this whole thing,
I might be able to figure it out.
Q. Okay. The second note says "iPod software
2.2 and iPod software 1.1 should not be used with
iPod with chick wheel"?
A. Yes.
Q. Does that indicate to you those versions
came before the click wheel?
A. Yes.
MS. MEHTA: Objection, foundation.

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ELAN MICROELECTRONICS v.
APPLE

GREG MARRIOTT
July 26, 2011
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26, 2011 deposition of GREG MARRIOTT was
adjourned.)

GREG MARRIOTT

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I, LOUISE MARIE SOUSOURES, duly authorized to
administer oaths pursuant to Section 2093(b) of the
California Code of Civil Procedure, do hereby
certify: That the witness in the foregoing deposition
was by me duly sworn to testify the truth in the
within-entitled cause; that said deposition was taken
at the time and place therein cited; that the
testimony of the said witness was reported by me and
was hereafter transcribed under my direction into
typewriting; that the foregoing is a complete and
accurate record of said testimony; and that the
witness was given an opportunity to read and correct
said deposition and to subscribe the same.
Should the signature of the witness not be
affixed to the deposition, the witness shall not have
availed himself or herself of the opportunity to sign
or the signature has been waived.
I further certify that I am not of counsel,
nor attorney for any of the parties in the foregoing
deposition and caption named, nor in any way
interested in the outcome of the cause named in said
caption.
DATE: 8-4-2011
_______________________________
LOUISE MARIE SOUSOURES, CSR 3575

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