Elan Microelectronics Corporation v. Apple, Inc.
Declaration of Derek C. Walter in Support Apple's of Opening Claim Construction Brief re 85 filed by Apple, 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, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V) (Powers, Matthew) (Filed on 5/7/2010) Modified on 5/10/2010 (bw, COURT STAFF).
From: Sent: To:
DeBruine, Sean [ S e a n D e B r u i n e @ a l s t o n . c o m ] Thursday, April 08, 2010 7:08 PM Mehta, Sonal; Elan Apple Team Apple Elan W G M Service RE: JCCS
Sonal, W e have reviewed the email below, and disagree that the error was inadvertent. Elan does not agree that the omitted language should be there. In addition, the construction listed in Elan's proposed construction f o r "identify a second maxima . . . " includes the phrase "After identifying the lowest value in the finger profile . . . " which Elan did not intend to include. In other words, Elan contends that the phrase "identify a second maxima . . . " should be construed to mean "identify a second maxima in a finger profile following the minima." I therefore propose that we file an amended JCCS reflecting Apple's revised contention as well as Elan's. W e would not object to the amendment you propose regarding "new values associated with the logical device units" limitation. Best regards, Sean
From: Mehta, Sanal [mailta:SanaI.Mehta@weil.com] Sent: Wednesday, April 07, 2010 10:48 AM To: Elan Apple Team Cc: Apple Elan WGM Service Subject: RE: JCCS
Sean, Please let us know Elan's position on my email below. Regards, Sonal N. Mehta Weil Gotshal &Manges 201 Redwood Shores Pkwy Redwood Shores, CA 94065 t: (650) 802-3118 f: (650) 802-3100 email@example.com
From: Mehta, Sanal Sent: Wednesday, March 31, 2 0 1 0 9 : 4 7 AM To: Elan Apple Team Cc: Apple Elan WGM Service Subject: JCCS
Sean, In reviewing the Joint Claim Construction Statement in preparation of our claim construction briefing, we discovered an
inadvertent error in the parties' recitation of one of the claim constructions from the Synaptics litigation. Specifically, both parties' constructions for "identify a minima following the first maxima" list the prior construction as "identify the lowest value in the finger profile that occurs after the first peak value," with the dispute centering on Apple's proposed refinement to the prior construction to add "taken on said axis." However, both parties' constructions omit the latter part of construction from Synaptics: "and before another peak value is identified." The truncation appears to have crept in as a result of an administrative error during the parties' exchange of PLR 4-1 and 4-2 statements. To avoid any confusion going forward, Apple intends to file a corrected Joint Claim Construction Statement to accurately reflect the prior construction. Please confirm that Elan will not oppose our request to file that document and let us know if you would like to also correct this error in Elan's proposed construction for this limitation. Also, while we are in the process of correcting the Joint Claim Construction Statement, we also plan to correct Apple's proposed construction for "logical device units" as set forth in my email of February 20 (copied below). Again, please confirm that Elan will not oppose our request to correct the Joint Claim Construction Statement on this basis. Regards, Sonal N. Mehta Weil Gotshal &Manges 201 Redwood Shores Pkwy Redwood Shores, CA 94065 t: (650) 802-3118 f: (650) 802-3100 firstname.lastname@example.org
From: Mehta, Sonal Sent: Saturday, February 20, 2010 6: 14 PM To: Elan Apple Team Cc: Apple Elan WGM Service Subject: logical device units
Sean, In finalizing our expert submission on claim construction, we noticed an inadvertent error in Apple's construction of the term "new values associated with logical device units" in Exhibit B to the Joint Claim Construction Statement. Specifically, Exhibit B correctly identified Apple's construction of "one or more logical device units" as "one or more actuation zones representing one or more areas of the track pad encompassing native sensor coordinates," which we adopted to narrow the dispute following the parties' meet and confer. Unfortunately, that evolution of our claim construction was not reflected in the entry for "new values associated with logical device units." Although we expect this was self-evident to Elan, we wanted to clarify that Apple's ultimate construction of logical device units as reflected in "one or more logical device units" should apply equally to "new values associated with logical device units" such that the term is construed to mean "new values associated actuation zones representing one or more areas of the track pad encompassing native sensor coordinates." Please let us know if you have any questions. Regards, Sonal N. Mehta Weil Gotshal &Manges 201 Redwood Shores Pkwy Redwood Shores, CA 94065 t: (650) 802-3118 f: (650) 802-3100
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