Elan Microelectronics Corporation v. Apple, Inc.

Filing 88

Declaration of Sean P. DeBruine in Support Elan Microelectronics Corporation's Opening Claim Construction Brief (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) filed by Elan Microelectronics Corporation. (DeBruine, Sean) (Filed on 5/7/2010) Modified on 5/10/2010 (bw, COURT STAFF).

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Yitai Hu (SBN 248085) (yitai.hu@alston.com) Sean P. DeBruine (SBN 168071) (sean.debruine@alston.com) C. Augustine Rakow (SBN 254585) (augie.rakow@alston.com) ALSTON + BIRD LLP Two Palo Alto Square 3000 El Camino Real, Suite 400 Palo Alto, California 94306 Telephone: 650-838-2000 Facsimile: 650-838-2001 T. Hunter Jefferson (admitted pro hac vice)(hunter.jefferson@alston.com) ALSTON + BIRD LLP One Atlantic Center 1201 West Peachtree Street Atlanta, Georgia 30309-3424 Telephone: 404-881-7000 Facsimile: 404-881-7777 Attorneys for Plaintiff and Counterdefendant ELAN MICROELECTRONICS CORPORATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ELAN MICROELECTRONICS CORPORATION, v. APPLE, INC., Defendant. Plaintiff, Case No. 09-cv-01531 RS DECLARATION OF SEAN P. DEBRUINE IN SUPPORT OF ELAN MICROELECTRONICS CORPORATION'S OPENING CLAIM CONSTRUCTION BRIEF DATE: TIME: JUDGE: CTRM: June 23, 2010 1:30 p.m. Richard Seeborg Courtroom 3, 17th Floor AND RELATED COUNTERCLAIMS DECLARATION OF SEAN P. DEBRUINE ISO ELAN MICROELECTRONICS CORPORATION'S OPENING CLAIM CONSTRUCITON BRIEF Case No. 09-cv-01531 RS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, Sean P. DeBruine, declare as follows: 1. I am a partner in the law firm of Alston & Bird LLP, counsel to Plaintiff Elan Corporation ("Elan") in this action. I have personal knowledge of the following facts, except as otherwise stated. If called to testify, I could and would testify competently to the matters stated herein. 2. 3. 4. Attached as Exhibit A is a true and correct copy of U.S. Patent No. 5,825,352. Attached as Exhibit B is a true and correct copy of U.S. Patent No. 5,764,218. Attached as Exhibit C is a true and correct copy of the text of an article appearing in the April, 1992 edition of Computer Shopper magazine entitled "Whatever Happened to the Gavilan Mobile Computer?" retrieved from the Dialog periodical database. (ELN016902 ELN016904). 5. Attached hereto as Exhibit D is a true and correct copy of UK published patent application GB 2139762 A to Prosenko, et al., assigned to Gavilan Computer Corp. 6. 7. 8. Attached as Exhibit E is a true and correct copy of U.S. Patent No. 7,274,353. Attached as Exhibit F is a true and correct copy of U.S. Patent No. 7,495,659. Attached as Exhibit G are true and correct copies of pages from the transcript of the April 1, 2010 deposition of Brian Von Herzen, Ph.D. 9. Attached as Exhibit H is a true and correct copy of an Office Action dated October 24, 1996 from the prosecution history of U.S. Patent No. 5,764,218. 10. Attached as Exhibit I is a true and correct copy of an Amendment dated December, 26, 1996 from the prosecution history of U.S. Patent No. 5,764,218. 11. Attached as Exhibit J is a true and correct copy of the Notice of Allowability dated March 7, 1997 from the prosecution history of U.S. Patent No. 5,764,218. 12. Attached as Exhibit K is a true and correct copy of the Claim Construction Order issued April 6, 2007 in the case of Elantech Devices Corp. v. Synaptics, Inc., Case No. C 0601839, Dkt. 91. // DECLARATION OF SEAN P. DEBRUINE ISO ELAN MICROELECTRONICS CORPORATION'S OPENING C LAIM CONSTRUCITON BRIEF 1 Case No. 09-cv-01531 RS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13. Attached as Exhibit L is a true and correct copy of Elantech Devices Corp.'s Reply Claim Construction Brief for U.S. Patent 5,825,352, dated February 21, 2007, filed in the Elantech v. Synaptics case. I swear under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on May 7, 2010, at Palo Alto, California. /s/ Sean P. DeBruine Sean P. DeBruine LEGAL02/31906047v1 DECLARATION OF SEAN P. DEBRUINE ISO ELAN MICROELECTRONICS CORPORATION'S OPENING C LAIM CONSTRUCITON BRIEF 2 Case No. 09-cv-01531 RS

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