Motorola Mobility, Inc. v. Apple, Inc.

Filing 308

RESPONSE/REPLY to 276 Notice (Other),, in Opposition to Apple's Motion for Leave to File Amended Answer by Motorola Mobility, Inc.. (Attachments: # 1 Affidavit of Cathleen Garrigan, # 2 Exhibit A- Filed Under Seal, # 3 Exhibit B)(Herrera, Sujey)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 1:10cv023580-Civ-RNS-TEB

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

APPLE INC.,
Counterclaim Plaintiff,
v.
MOTOROLA, INC. and
MOTOROLA MOBILITY, INC.,
Counterclaim Defendants.

GARRIGAN DECLARATION IN SUPPORT OF MOTOROLA'S OPPOSITION TO
APPLE, INC.’S MOTION FOR LEAVE TO FILE AMENDED ANSWER

I, Cathleen G. Garrigan, declare:
I am a member of the bar of the State of California, admitted pro hac vice in this
action and an associate with Quinn Emanuel Urquhart & Sullivan, LLP, attorneys for Motorola
Mobility, Inc. and Motorola Solutions, Inc. (f/k/a Motorola, Inc.) (collectively "Motorola"). I
make this declaration of personal, firsthand knowledge, and if called and sworn as a witness, I
could and would testify competently to the matters contained in this declaration.
1.

On March 30, 2012, Apple, Inc. ("Apple") served supplemental invalidity

contentions on Motorola. Despite the ongoing discussions and motion practice regarding
Motorola’s supplemental invalidity contentions, Apple never stated that it had any intention of
supplementing its invalidity contentions.
2.

On March 7, 2012, I met and conferred with Jill Schmidt, counsel for

Apple, regarding outstanding case issues. During that meet and confer counsel for Apple stated
that Apple may seek leave to amend its answer and asked whether Motorola would oppose such
a motion.
3.

Attached hereto as Exhibit A is a true and correct copy of Apple's

infringement contentions served on May 18, 2011.
4.

Attached hereto as Exhibit B is a true and correct copy of e-mail

correspondence, beginning on March 9, 2012, between Cathleen Garrigan and Jill Schmidt
regarding Apple seeking leave to amend its answer.
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. Executed this 9th day of April 2012 at San Francisco, California.

Cathleen G. Garrigan

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