Elan Microelectronics Corporation v. Apple, Inc.

Filing 427

Declaration of DEREK C. WALTER IN SUPPORT OF APPLE INC.'S MOTION FOR PARTIAL SUMMARY JUDGMENT OF NON-INFRINGEMENT OF ELAN'S '352 PATENT BY APPLE'S CURRENT PRODUCTS filed byApple, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 3, # 3 Exhibit 14)(Greenblatt, Nathan) (Filed on 9/14/2011)

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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]
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 FRANCISCO 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
INC.’S MOTION FOR PARTIAL
SUMMARY JUDGMENT OF NONINFRINGEMENT OF ELAN’S ‛352
PATENT BY APPLE'S CURRENT
PRODUCTS
DATE:
TIME:
JUDGE:
CTRM:

October 20, 2011
1:30 p.m.
Hon. Richard Seeborg
3, 17th Floor

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WALTER DECL. ISO APPLE’S MOTION FOR
PARTIAL SUMMARY JUDGMENT OF NONINFRINGEMENT OF ELAN’S ‛352 PATENT

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
record for Defendant and Counterclaimant Apple Inc. (“Apple”) in the above-captioned matter. I
submit this declaration based on personal knowledge and following a reasonable investigation. If
called upon as a witness, I could competently testify to the truth of each statement herein.

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1.

of Finding of No Violation dated June 30, 2011.

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Attached as Exhibit 1 is a true and correct copy of the Commission Notice

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Attached as Exhibit 2 is a true and correct copy of excerpts from the Final

Initial and Recommended Determinations – Confidential Version dated April 29, 2011 (filed
under seal).
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Attached as Exhibit 3 is a true and correct copy of Order No. 17 – Claim

Construction dated November 9, 2011.
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Attached as Exhibit 4 is a true and correct copy of Elan Microelectronics

Corporation’s Second Supplemental Infringement Contentions, Palani Rathinasamy Declaration
Exh. E dated July 22, 2011 (filed under seal).
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Attached as Exhibit 5 is a true and correct copy of excerpts from Elan

Microelectronics Corporation’s Post-Hearing Rebuttal Findings of Fact dated March 18, 2011
(filed under seal).
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Attached as Exhibit 6 is a true and correct copy of excerpts from Robert

Dezmelyk’s Deposition Transcript dated December 8, 2010 (filed under seal).
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Attached as Exhibit 7 is a true and correct copy of Exhibit 22 to the

Deposition Transcript of Robert Dezmelyk dated December 8, 2010 (filed under seal).
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Attached as Exhibit 8 is a computer animation of Apple’s accused

algorithm (filed under seal).
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Attached as Exhibit 9 is a computer animation of Apple’s accused

algorithm (filed under seal).
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Attached as Exhibit 10 is a true and correct copy of excerpts from the ITC

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WALTER DECL. ISO APPLE’S MOTION FOR
PARTIAL SUMMARY JUDGMENT OF NONINFRINGEMENT OF ELAN’S ‛352 PATENT

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

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Investigation No. 337-714 Combined Hearing Transcripts (filed under seal).
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Attached as Exhibit 11 is a true and correct copy of excerpts from the ITC

Staff Posthearing Brief dated March 4, 2011 (filed under seal).
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Attached as Exhibit 12 is a true and correct copy of excerpts from Elan

Microelectronics Corporation’s Third Supplemental Responses to Apple’s First Set of
Interrogatories in the ITC, dated October 8, 2010 (filed under seal).
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Attached as Exhibit 13 is a true and correct copy of excerpts from Robert

Dezmelyk’s Deposition Transcript dated December 9, 2010 (filed under seal).
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Attached as Exhibit 14 is a true and correct copy of excerpts from Elan

Microelectronics Corporation’s Response to Apple Inc.’s Motion In Limine No. 3 in the ITC,
dated February 10, 2011.
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 September 13, 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 MOTION FOR
PARTIAL SUMMARY JUDGMENT OF NONINFRINGEMENT OF ELAN’S ‛352 PATENT

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