Motorola Mobility, Inc. v. Apple, Inc.

Filing 185

RESPONSE in Opposition re 178 MOTION to Strike Motorola's Supplemental Infringement Contentions filed by Motorola Mobility, Inc.. (Attachments: # 1 Affidavit, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14)(Giuliano, Douglas)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA

MOTOROLA MOBILITY, INC.,
Plaintiff / Counterclaim Defendant,
v.
APPLE INC.,
Defendant / Counterclaim Plaintiff.

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CASE NO. 1:10cv023580-Civ-UU

DECLARATION OF JOHN DUCHEMIN
I, John Duchemin, declare as follows:
1.

I am a member of the bar of the State of California and an associate at Quinn

Emanuel Urquhart & Sullivan, LLP, attorneys for Motorola Mobility, Inc. ("Motorola"). I make
this declaration based on personal knowledge and if called as a witness could and would testify
competently about these matters.
2.

Attached as Exhibit 1 is a true and correct copy of Apple's Supplemental

Responses to Motorola Mobility, Inc. and Motorola, Inc.'s First Set of Interrogatories (No. 2).
3.

Attached as Exhibit 2 is a true and correct copy of the December 21, 2010

Preliminary Pretrial Conference Order in Apple Inc., et al. v. Motorola, Inc. et al., Case No.
3:10-cv-00662-bbc (W.D. Wis.).
4.

Attached as Exhibit 3 is a true and correct copy of Plaintiffs' March 4, 2011,

Identification of Asserted Claims and Accused Products in Apple Inc., et al. v. Motorola, Inc. et
al., Case No. 3:10-cv-00662-bbc (W.D. Wis.).

02426.51753/4462613.1

5.

Attached as Exhibit 4 is a true and correct copy of Plaintiffs' May 24, 2011

Second Supplemental Objections and Responses to Defendants’ First Set of Interrogatories (No.
6) in Apple Inc., et al. v. Motorola, Inc. et al., Case No. 3:10-cv-00662-bbc (W.D. Wis.).
6.

Attached as Exhibit 5 is a true and correct copy of Exhibit B to Plaintiffs' May 24,

2011 Second Supplemental Objections and Responses to Defendants’ First Set of Interrogatories
(No. 6) in Apple Inc., et al. v. Motorola, Inc. et al., Case No. 3:10-cv-00662-bbc (W.D. Wis.).
7.

Attached as Exhibit 6 is a true and correct copy of the redacted Initial Expert

Report of Dr. Nathaniel Polish Regarding Infringement of U.S. Patent Number 6,343,263, which
is dated September 15, 2011 and was submitted by Apple in Apple Inc., et al. v. Motorola, Inc. et
al., Case No. 3:10-cv-00662-bbc (W.D. Wis.).
8.

Attached as Exhibit 7 is a true and correct copy of e-mail correspondence between

Brian Ferguson, counsel for Apple, and David Perlson, counsel for Motorola.
9.

Attached as Exhibit 8 is a true and correct copy of the title page, plus pages 49-50,

of the "Legal Principles" presentation that Apple presented to the Court on October 17, 2011
during the claim construction hearing in this case.
10.

Attached as Exhibit 9 is a true and correct copy of an August 17, 2011 letter from

Motorola counsel to Apple counsel regarding deficiencies in Apple's document production.
11.

Attached as Exhibit 10 is a true and correct copy of a November 1, 2011 letter

from Motorola counsel to Apple counsel regarding deficiencies in Apple's document production.
12.

Attached as Exhibit 11 is a true and correct copy of e-mail correspondence

between Ben Quarmby, counsel for Motorola, and Jill Ho, counsel for Apple.

02426.51753/4462613.1

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13.

Attached as Exhibit 12 is a true and correct copy of a November 9, 2011 letter

from Motorola counsel to Apple counsel demanding Apple supplement its interrogatory
responses.
14.

Attached as Exhibit 13 is a true and correct copy of a November 9, 2011 letter

from Motorola counsel to Apple counsel demanding Apple supplement its interrogatory
responses.
15.

Attached as Exhibit 14 is a true and correct copy of e-mail correspondence

between Ben Quarmby, counsel for Motorola, and Christine Haskett, counsel for Apple.
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.

Executed November 28, 2011, at Redwood Shores, California.
/s/
John Duchemin

02426.51753/4462613.1

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