Microsoft Corporation v. Immersion Corporation

Filing 152

DECLARATION of David R. Kaplan re 151 Sealed Document, In Support of Immersion's Opposition to Microsoft's Motion for Partial Summary Judgment Regarding Affirmative Defenses by Defendant Immersion Corporation. (Attachments: # 1 Exhibit F, # 2 Exhibit G, # 3 Exhibit H, # 4 Exhibit I)(Kaplan, David)

Microsoft Corporation v. Immersion Corporation

Doc. 152

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The Honorable Ricardo S. Martinez

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON MICROSOFT CORPORATION, a Washington ) No. CV07 936RSM corporation, ) ) Plaintiff, ) DECLARATION OF DAVID R. KAPLAN ) IN SUPPORT OF IMMERSION'S v. ) ) OPPOSITION TO MICROSOFT'S IMMERSION CORPORATION, a Delaware ) MOTION FOR PARTIAL SUMMARY corporation, ) JUDGMENT REGARDING ) IMMERSION'S AFFIRMATIVE Defendant. ) DEFENSES ) ) ) Note On Motion Calendar: July 25, 2008 ) Oral Argument Requested )

KAPLAN DECL. IN SUPPORT OF IMMERSION'S OPPOSITION TO MICROSOFT'S MOT. FOR PART. SUMM. JUDGMENT RE AFFIRMATIVE DEFENSES (CV07 936RSM)

IRELL & MANELLA LLP
A Registered Limited Liability Law Partnership Including Professional Corporations

Dockets.Justia.com

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I, David R. Kaplan, declare as follows: 1. I am an attorney at Irell & Manella LLP, co-counsel of record for defendant

Immersion Corporation ("Immersion") in the above-captioned action. I am a member in good standing of the California State Bar and am admitted to practice before this Court in this case pro hac vice. I have personal knowledge of the facts set forth in this Declaration and, if called as a witness, could and would testify competently to such facts under oath. 2. Attached hereto as Exhibit A is a true and correct copy of excerpts from the

deposition transcript of Richard Birnholz, whose deposition was taken on June 5, 2008. 3. Attached hereto as Exhibit B is a true and correct copy of excerpts from the

deposition transcripts of Jennifer Liu, whose deposition was taken on December 20, 2007 and January 23, 2008. 4. Attached hereto as Exhibit C is a true and correct copy of excerpts from the

deposition transcript of Kenneth Lustig, whose deposition was taken on April 30, 2008. 5. Attached hereto as Exhibit D is a true and correct copy of excerpts from the

deposition transcript of Stephen Ambler, whose deposition was taken on June 12, 2008. 6. Attached hereto as Exhibit E is a document Bates-stamped IMRMS 10430,

produced during discovery in this action. It is a true and correct copy of handwritten notes of Victor Viegas regarding one of Immersion's mediations with Sony before Immersion's patent lawsuit against Sony went to trial in the Northern District of California. 7. Attached hereto as Exhibit F is a true and correct copy of excerpts of Microsoft

Form 10-Q filed with the U.S. Securities and Exchange Commission for the quarterly period ended March 31, 2003. 8. Attached hereto as Exhibit G is a true and correct copy of excerpts of Microsoft

Form 10-Q filed with the U.S. Securities and Exchange Commission for the quarterly period ended September 30, 2003.

KAPLAN DECL. IN SUPPORT OF IMMERSION'S OPPOSITION TO MICROSOFT'S MOT. FOR PART. SUMM. JUDGMENT RE AFFIRMATIVE DEFENSES (CV07 936RSM) - 1

IRELL & MANELLA LLP
A Registered Limited Liability Law Partnership Including Professional Corporations

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9.

Attached hereto as Exhibit H is a true and correct copy of the U.S. District Court

California Northern District (Oakland) Civil Docket for Case No. 4:02-cv-00710-CW. 10. Attached hereto as Exhibit I is a true and correct copy of excerpts of Microsoft

Corporation's Responses to Immersion Corporation's First Set of Interrogatories to Microsoft Corporation dated February 13, 2008.

Executed on July 21, 2008, at Los Angeles, California. By /s/ David R. Kaplan David R. Kaplan

KAPLAN DECL. IN SUPPORT OF IMMERSION'S OPPOSITION TO MICROSOFT'S MOT. FOR PART. SUMM. JUDGMENT RE AFFIRMATIVE DEFENSES (CV07 936RSM) - 2

IRELL & MANELLA LLP
A Registered Limited Liability Law Partnership Including Professional Corporations

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CERTIFICATE OF SERVICE The undersigned attorney certifies that on the 21th day of July, 2008, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following: Paul J. Kundtz ([e-mail]) Blake Marks-Dias ([e-mail]) Wendy E. Lyon ([e-mail]) Riddell Williams P.S. 1001 Fourth Avenue Plaza, Suite 4500 Seattle, WA 98154-3600 Attorneys for Plaintiff /s/ David R. Kaplan David R. Kaplan Irell & Manella LLP 1800 Avenue of the Stars, Suite 900 Los Angeles, CA 90067-4276 Telephone: [phone] Facsimile: [phone] Byrnes & Keller LLP 1000 Second Avenue, 38th Floor Seattle, WA 98104 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant Immersion Corporation

KAPLAN DECL. IN SUPPORT OF IMMERSION'S OPPOSITION TO MICROSOFT'S MOT. FOR PART. SUMM. JUDGMENT RE AFFIRMATIVE DEFENSES (CV07 936RSM) - 3

IRELL & MANELLA LLP
A Registered Limited Liability Law Partnership Including Professional Corporations