Microsoft Corporation v. Immersion Corporation

Filing 172

DECLARATION of David R. Kaplan filed by Defendant Immersion Corporation re 170 MOTION to Seal Immersion's Reply In Support Of Its Motion For Partial Summary Judgment Regarding Microsoft's Claim Of Breach Of The Implied Covenant And Certain Supporting Documents (Attachments: # 1 Exhibit Exhibit 4)(Kaplan, David)

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Microsoft Corporation v. Immersion Corporation Doc. 172 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 The Honorable Ricardo S. Martinez UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON MICROSOFT CORPORATION, a Washington ) No. CV07 936RSM corporation, ) ) SUPPLEMENTAL DECLARATION OF Plaintiff, ) DAVID R. KAPLAN IN SUPPORT OF ) IMMERSION'S MOTION FOR PARTIAL v. ) ) SUMMARY JUDGMENT REGARDING IMMERSION CORPORATION, a Delaware ) MICROSOFT'S CLAIM OF BREACH OF corporation, ) THE IMPLIED COVENANT ) Defendant. ) ) Note On Motion Calendar: August 8, 2008 ) Oral Argument Requested ) SUPPLEMENTAL KAPLAN DECL. IN SUPPORT OF IMMERSION'S MOT. FOR PART. SUMM. JUDGMENT RE. MICROSOFT'S CLAIM OF BREACH OF THE IMPLIED COVENANT (CV07 936RSM) IRELL & MANELLA LLP A Registered Limited Liability Law Partnership Including Professional Corporations Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 1 is a document Bates-stamped MS 5364 through MS 5380, produced during discovery in this action. It is a true and correct copy of a Sublicense Agreement by and between Microsoft Corporation ("Microsoft") and Immersion dated July 25, 2003. 3. Attached hereto as Exhibit 2 is a true and correct copy of excerpts from the deposition transcript of Stephen M. Ambler, whose deposition was taken on June 12, 2008. 4. Attached hereto as Exhibit 3 is a true and correct copy of excerpts from the deposition transcript of Barry J. Spector, whose deposition was taken on April 15, 2008. 5. Attached hereto as Exhibit 4 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. 6. Attached hereto as Exhibit 5 is a document Bates-stamped IMRMS 4205 IMRMS 4230, produced during discovery in this action. It is a true and correct copy an Agreement between Sony Computer Entertainment America Inc. and Sony Computer Entertainment Inc. and Immersion Corporation executed on or about February 28, 2007. Executed on August 8, 2008, at Los Angeles, California. By /s/ David R. Kaplan David R. Kaplan SUPPLEMENTAL KAPLAN DECL. IN SUPPORT OF IMMERSION'S MOT. FOR PART. SUMM. JUDGMENT RE. MICROSOFT'S CLAIM OF BREACH OF THE IMPLIED COVENANT (CV07 936RSM) - 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CERTIFICATE OF SERVICE The undersigned attorney certifies that on the 8th day of August, 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 (pkundtz@riddellwilliams.com) Blake Marks-Dias (bmarksdias@riddellwilliams.com) Wendy E. Lyon (wlyon@riddellwilliams.com) 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: (310) 277-1010 Facsimile: (310) 203-7199 Byrnes & Keller LLP 1000 Second Avenue, 38th Floor Seattle, WA 98104 Telephone: (206) 622-2000 Facsimile: (206) 622-2522 Attorneys for Defendant Immersion Corporation KAPLAN DECL. IN SUPPORT OF MMERSION'S REPLY IN SUPPORT OF MOT. FOR PART. SUMM. JUDGMENT RE. MICROSOFT'S CLAIM OF BREACH OF THE IMPLIED COVENANT (CV07 936RSM) - 2 IRELL & MANELLA LLP A Registered Limited Liability Law Partnership Including Professional Corporations

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