Elan Microelectronics Corporation v. Apple, Inc.

Filing 92

Declaration of Sonal N. Mehta in Support of Apple's Opposition to Elan Microelectronics Corporation's Motion to Stay Pending Final Determination by the ITC of Investigation No. 337-Ta-714 re 91 filed b yApple, 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) (Mehta, Sonal) (Filed on 5/13/2010) Modified on 5/14/2010 (bw, COURT STAFF).

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MATTHEW D. POWERS (Bar No. 104795) [e-mail] JARED BOBROW (Bar No. 133712) [e-mail] DOUGLAS E. LUMISH (Bar No. 183863) [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. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ELAN MICROELECTRONICS CORPORATION, Plaintiff and Counterclaim Defendant, v. APPLE INC., Defendant and Counterclaim Plaintiff. Case No. C-09-01531 RS (PVT) DECLARATION OF SONAL N. MEHTA IN SUPPORT OF APPLE'S OPPOSITION TO ELAN MICROELECTRONICS CORPORATION'S MOTION TO STAY PENDING FINAL DETERMINATION BY THE ITC OF INVESTIGATION NO. 337-TA-714 JURY TRIAL DEMANDED Hon. Richard Seeborg Date: June 3, 2010 Time: 1:30 p.m. Dept.: Courtroom 3, 17th Floor

MEHTA DECL. IN SUPPORT OF APPLE'S OPPOSITION TO ELAN'S MOTION TO STAY

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

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I, Sonal N. Mehta, declare: 1. I am an attorney with the law firm of Weil, Gotshal & Manges LLP,

counsel of record for Defendant and Counter-Claimant 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. 2. Attached hereto as Exhibit A is a true and correct copy of Saxon

Innovations, LLC v. Palm, Inc., No. 6:09-cv-272, 2009 U.S. Dist. LEXIS 105928 (E.D. Tex. Nov. 4, 2009). 3. Attached hereto as Exhibit B is a true and correct copy of LG Elecs., Inc. v.

Eastman Kodak Co., No. 09-cv-0344 H (BLM), 2009 U.S. Dist. LEXIS 44056 (S.D. Cal. May 22, 2009). 4. Attached hereto as Exhibit C is a true and correct copy of Fresenius Med.

Care Holdings, Inc. v. Baxter Int'l., Inc., No. C 03-1431 SBA, 2007 U.S. Dist. LEXIS 44107 (N.D. Cal. June 6, 2007). 5. Attached hereto as Exhibit D is a true and correct copy of Cheng v.

Sighting Sys. Instruments, LLC, No. 1:06-cv-2326-WSD, 2007 U.S. Dist. LEXIS 33118 (N.D. Ga. May 3, 2007). 6. Attached hereto as Exhibit E is a true and correct copy of Beijing Tong Ren

Tang (USA), Corp. v. TRT USA Corp., No. C-09-00882 RMW, 2009 U.S. Dist. LEXIS 123128 (N.D. Cal. Dec. 18, 2009). 7. Attached hereto as Exhibit F is a true and correct copy of Baisden v.

Bourne, No. 8:06-cv-517, 2006 U.S. Dist. LEXIS 88114 (D. Neb. Dec. 5, 2006). 8. Attached hereto as Exhibit G is a true and correct copy of Bechhold v.

Bogner, No. C 07-0870 SBA, 2008 U.S. Dist. LEXIS 6824 (N.D. Cal. Jan. 16, 2008). 9. Attached hereto as Exhibit H is a true and correct copy of Am. Honda

Motor Co. v. Coast Distrib. Sys., No. C 06-04752 JSW, 2007 U.S. Dist. LEXIS 19981 (N.D. Cal. Feb. 26, 2007).
MEHTA DECL. IN SUPPORT OF APPLE'S OPPOSITION TO ELAN'S MOTION TO STAY

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Attached hereto as Exhibit I is a true and correct copy of Fallon v. Locke,

Liddell & Sapp, LLP, No. C 04-03210 RMW, 2007 U.S. Dist. LEXIS 76828 (N.D. Cal. Oct. 1, 2007). I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 13th day of May 2010 at Redwood Shores, California. By: /s/ Sonal N. Mehta Sonal N. Mehta Attorneys for Apple Inc.

MEHTA DECL. IN SUPPORT OF APPLE'S OPPOSITION TO ELAN'S MOTION TO STAY

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