Elan Microelectronics Corporation v. Apple, Inc.

Filing 431

Declaration of NATHAN GREENBLATT in Support of 430 MOTION for Summary Judgment OF INDEFINITENESS OF CLAIMS 24, 26 AND 30 OF U.S. PATENT NO. 5,825,352 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, # 10 Exhibit J)(Related document(s) 430 ) (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]

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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

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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 NATHAN
GREENBLATT IN SUPPORT OF
APPLE INC.’S MOTION FOR
SUMMARY JUDGMENT OF
INDEFINITENESS OF CLAIMS 24, 26,
AND 30 OF U.S. PATENT NO.
5,825,352
DATE:
TIME:
JUDGE:
CTRM:

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

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GREENBLATT DECL. ISO APPLE’S MOTION
FOR SUMMARY JUDGMENT OF
INDEFINITENESS OF ELAN’S 352 PATENT

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

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I, Nathan Greenblatt, 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.

Amended Joint Claims Construction Statement in this case.

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5.

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6.

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

transcript of the Markman hearing proceedings in United States ITC Action No. 337-TA-714,
dated August 18, 2010.

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Attached as Exhibit E is a true and correct copy of Minerva Indus., Inc. v.

Motorola, Inc., 2010 WL 446502, (E.D. Tex. Feb. 3, 2010).

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Attached as Exhibit D is a true and correct copy of Encyclopaedia

Britannica, Inc. v. Alpine Elecs., Inc., 355 Fed. Appx. 389 (Fed. Cir. Dec. 4, 2009).

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Attached as Exhibit C is a true and correct copy of the Final Initial

Determination (Public Version) in United States ITC Action No. 337-TA-714.

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Attached as Exhibit B is a true and correct copy of Order No. 15

(Indefiniteness) in United States ITC Action No. 337-TA-714.

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Attached as Exhibit A is a true and correct copy of Exhibit A to the First

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Attached as Exhibit G is a true and correct copy of United States Patent

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

No. 5,825,352.

transcript of the deposition of Robert Dezmelyk, dated August 17, 2010.
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Attached as Exhibit I is a true and correct copy of Elan’s Memorandum in

Support of Its Motion for Partial Summary Determination of Claim Construction in United States
ITC Action No. 337-TA-714.
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Attached as Exhibit J is a true and correct copy of the Commission

Investigative Staff Motion for Summary Determination of Claim Construction in United States

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GREENBLATT DECL. ISO APPLE’S MOTION
FOR SUMMARY JUDGMENT OF
INDEFINITENESS OF ELAN’S 352 PATENT

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

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ITC Action No. 337-TA-714.

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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 September 14, 2011, at Redwood Shores, California.

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/s/ Nathan Greenblatt
Nathan Greenblatt

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GREENBLATT DECL. ISO APPLE’S MOTION
FOR SUMMARY JUDGMENT OF
INDEFINITENESS OF ELAN’S 352 PATENT

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