Elan Microelectronics Corporation v. Apple, Inc.

Filing 79

Declaration of Sean P. DeBruine in Support of Motion to Stay Pending Final Determination by the ITC of Investigation No 337-TA-714 re 78 filed byElan Microelectronics Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (DeBruine, Sean) (Filed on 4/27/2010) Modified on 4/28/2010 (bw, COURT STAFF).

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Exhibit D Morris, John From: Sent: T o: Cc: Subject: Dear Sonal, As you may have heard, today the ITC instituted the investigation based on Elan's complaint. In our last communication you said that Apple would most likely not seek a stay of the district court proceedings. Assuming that is still Apple's position Elan intends to bring a motion to stay as to its asserted patents tomorrow. Please let me know by close of business tomorrow whether Apple will agree to such a stay. Also, assuming that the case will proceed on Apple's asserted patents I think it would be productive to discuss whether we can reach agreement on any or all of the outstanding claim construction issues. After reviewing the parties' positions and the expert depositions there are several terms where the parties appear to be in substantial agreement. I am certain Judge Seeborg would appreciate any attempts we can make to reduce the number of claim terms in dispute. Please let me know if Apple is available to discuss this issue later this week. Best regards Sean Morris, John Monday, April 26, 2010 11:54 AM Sonal.Mehta@weil.com; DeBruine, Sean Apple.Elan.W GM.Service@weil.com; Elan Apple Team Elan-Apple: ITC Investigation William (John) Morris Legal Secretary to Sean P. DeBruine ALSTON & BIRD LLP Two Palo Alto Square 3000 El Camino Real, Suite 400 Palo Alto, CA 94306 650.838.2015 D 650.838.2001 F www.alston.com Atlanta Charlotte Dallas New York Research Triangle Washington DC Silicon Valley Los Angeles 11th consecutive year on FortuneŽ magazine's "The 100 Best Companies to Work For" TM 1

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