New Medium Technologies LLC et al v. Barco N.V. et al

Filing 4

Declaration of Gregory A. Zafiris. Filed by Pixelworks, Inc.. (Related document(s): Motion to Quash, Motion for Sanctions 1 ). (pvh) Additional attachment(s) added on 9/10/2007 (Hunt, Patricia).

New Medium Technologies LLC et al v. Barco N.V. et al

Doc. 4

James B. Davidson, OSB No. 01122 [e-mail] James M. Barrett, OSB No. 01199 [e-mail] ATER WYNNE LLP 222 SW Columbia, Suite 1800 Portland, Oregon 97201-6618 Tel: [phone] Fax: [phone] Attorneys for Non-Party Pixelworks, Inc.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON NEW MEDIUM TECHNOLOGIES LLC, AV TECHNOLOGIES LLC, IP INNOVATION LLC, and TECHNOLOGY LICENSING CORPORATION, Plaintiffs, v. BARCO N.V., MIRANDA TECHNOLOGIES, LG PHILIPS LCD, LTD., TOSHIBA CORPORATION, TOSHIBA AMERICA CONSUMER PRODUCTS, L.L.C., LG ELECTRONICS INC., and SYNTAX-BRILLIAN CORPORATION, Defendants. I, Gregory A. Zafiris, hereby declare that I have personal knowledge of the matters set forth in this Declaration and am competent to testify to them: 1. I am the Senior Director and Corporate Counsel for nonparty Pixelworks, Inc. DECLARATION OF GREGORY A. ZAFIRIS IN SUPPORT OF NON-PARTY PIXELWORKS, INC.'S MOTION TO QUASH DEPOSITION SUBPOENA AND MOTION FOR SANCTIONS Misc. No. Civil No. 05 C 5620*
*

In the U.S. District Court, Northern District of Illinois, Eastern Division

("Pixelworks"). I make this declaration in support of Pixelworks' Motion to Quash Deposition Page 1 ­ DECLARATION OF GREGORY A. ZAFIRIS
ATER WYNNE LLP 222 SW COLUMBIA, SUITE 1800 PORTLAND, OR 97201-6618 [phone]

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Dockets.Justia.com

Subpoena and Motion for Sanctions. 2. Pixelworks is an Oregon-based company that designs, develops, and markets

system-on-chip semiconductors and software for the advanced display industry, including televisions, projectors, and LCD panels. 3. One of the defendants in the above-captioned matter, Syntax-Brillian Corp.

("SBC") used a Pixelworks chip, the "PW-106", in a relatively small number of its products. 4. I received and reviewed a Subpoena in a Civil Case from Plaintiffs on August 15,

2007. The subpoena directed Pixelworks to produce a witness or witnesses to testify at a deposition about 18 topics on September 5, 2007. The subpoena does not provide adequate time for Pixelworks to comply. The deposition topics are massively broad, and it would be impossible for Pixelworks to identify the witnesses who would be required to testify, prepare those witnesses, and also determine a host of other issues such as whether any testimony might breach nondisclosure obligations or require a protective order, all within the space of three weeks that includes Labor Day weekend. 5. On information and belief, SBC used Pixelworks' PW-106 chip in relatively few

of its products. However, the subpoena also broadly seeks sensitive commercial information about all Pixelworks' products, regardless whether those products have been used in an allegedly infringing device. Plaintiffs want Pixelworks to identify and describe "features", "functions", "operations", "benefits", "advantages", how many products have been sold, and any "competitive analyses." Plaintiffs also seek information about Pixelworks' business relationships, including the licenses it holds to use patents of third parties and its "indemnification obligations with respect to the infringement of third party intellectual property rights." 6. Information regarding the way in which Pixelworks' products function and the

specifics of Pixelworks' business relationships are confidential and proprietary. Pixelworks is a publicly traded company and does not publicly disclose specific information about sales to Page 2 ­ DECLARATION OF GREGORY A. ZAFIRIS
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particular customers. Pixelworks actively takes measures to protect its confidential and proprietary information by requiring customers who use any Pixelworks product and who receive information about product specifications to sign non-disclosure agreements. Some of the technical information about Pixelworks' products is so sensitive, the Company does not disclose it to anyone. 7. I have reviewed the Stipulated Protective Order ("SPO") that has been entered in

the above-captioned case (dkt # 98). Pixelworks did not have an opportunity to participate in negotiating the SPO. The SPO does not authorize designation of information as "Outside Counsel-Only," nor does it require other parties to accept any designation that Pixelworks might request. Further, the Protective Order would restrict a person who viewed Pixelworks' confidential documents from participating in the prosecution of a patent application only for two years and only with respect to patents "directed to technology disclosed in the patents-in-suit." The period of time is too short and a limited restriction on participating only in prosecutions directed at technology disclosed in the patents-in-suit is too narrow to provide Pixelworks with adequate protection for its confidential and proprietary information. Pixelworks is particularly concerned that some of the defendants in the lawsuit have business relationships with Pixelworks' direct competitors. I HEREBY DECLARE THAT THE ABOVE STATEMENT IS TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF, AND THAT I UNDERSTAND IT IS MADE FOR USE AS EVIDENCE IN COURT AND IS SUBJECT TO PENALTY FOR PERJURY. DATED this 28th day of August, 2007.

s/Gregory A. Zafiris GREGORY A. ZAFIRIS

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CERTIFICATE OF SERVICE I hereby certify that I served the foregoing DECLARATION OF GREGORY A. ZAFIRIS IN SUPPORT OF NON-PARTY PIXELWORKS, INC.'S MOTION TO QUASH DEPOSITION SUBPOENA AND MOTION FOR SANCTIONS on the following: Raymond P. Niro Paul C. Gibbons NIRO SCAVONE HALLER & NIRO 181 W. Madison St., Ste. 4600 Chicago, IL 60602 Tel: [phone] Fax: [phone] Attorneys for Plaintiffs by [X] mailing and [X] facsimile a true and correct copy thereof on the date stated below; and on: Jennifer Ruttenberg James P. Ryther DLA PIPER RUDNICK GRAY CARY 203 N. LaSalle St., Ste. 1900 Chicago, IL 60601 Tel: [phone] Fax: [phone] Attorneys for Miranda Technologies James M. Heintz DLA PIPER RUDNICK GRAY CARY 1200 19th St., NW Washington, D.C. 20036 Tel: [phone] Fax: [phone] Attorneys for Miranda Technologies Gustavo G. Siller, Jr. James R. Sobieraj BRINKS HOFER GILSON & LIONE 455 N. Cityfront Plaza Dr., Ste. 3600 Chicago, IL 60611 Tel: [phone] Fax: [phone] Attorneys for LG Philips CERTIFICATE OF SERVICE
ATER WYNNE LLP 222 SW COLUMBIA, SUITE 1800 PORTLAND, OR 97201-6618 [phone]

Paul T. Meiklejohn DORSEY & WHITNEY 1420 Fifth Ave., Ste. 3400 Seattle, WA 98101 Tel: [phone] Fax: [phone] Attorneys for Toshiba Amy Gast O'Toole BELL BOYD & LONDON 70 W. Madison, Ste. 3100 Chicago, IL 60602 Tel: [phone] Fax: [phone] Attorneys for Toshiba

Maxwell J. Petersen Kevin D. Erickson PAULEY PETERSEN & ERICKSON 2800 W. Higgins Rd., Ste. 365 Hoffman Estates, IL 60169 Tel: [phone] Fax: [phone] Attorneys for Syntax-Brillian

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Herman S. Palarz Darin Margules TYRE KAMINS KATZ & GRANOF 1880 Century Park East, Ste. 300 Los Angeles, CA 90067 Tel: [phone] Fax: [phone] Attorneys for Syntax-Brillian

David I. Roche Daniel J. O'Connor BAKER & McKENZIE 130 East Randolph Dr., Ste. 3500 Chicago, IL 60601 Tel: [phone] Fax: [phone] Attorneys for Barco NV

by [X] mailing a true and correct copy thereof on the date stated below. DATED this 28th day of August, 2007.

s/James M. Barrett James M. Barrett, OSB No. 01199 ATER WYNNE LLP Attorneys for Pixelworks, Inc.

CERTIFICATE OF SERVICE
ATER WYNNE LLP 222 SW COLUMBIA, SUITE 1800 PORTLAND, OR 97201-6618 [phone]

350685/1/JMB/057647-0053