Microsoft Corporation v. Immersion Corporation

Filing 42

DECLARATION of Alan J. Heinrich filed by Defendant Immersion Corporation re 38 MOTION to Compel Microsoft's Motion To Compel Responses to Requests For Production Nos. 3 & 19 (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7)(McWilliam, Jofrey)

Microsoft Corporation v. Immersion Corporation

Doc. 42

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The Honorable Ricardo S. Martinez

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON ) MICROSOFT CORPORATION, a Washington ) corporation, ) No. CV07 936RSM ) Plaintiff, ) DECLARATION OF ALAN J. ) HEINRICH IN SUPPORT OF v. ) IMMERSION CORPORATION'S ) OPPOSITION TO MICROSOFT'S IMMERSION CORPORATION, a Delaware ) MOTION TO COMPEL RESPONSES corporation, ) TO REQUESTS FOR PRODUCTION ) NOS. 3 AND 19 Defendant. ) ) NOTE ON MOTION CALENDAR: ) February 15, 2008 I, Alan J. Heinrich, declare as follows: 1. I am a partner at the law firm of 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 true and correct copy of the Jury Verdict

Form filed September 21, 2004, in the action in the United States District Court for the Northern District of California entitled Immersion Corporation v. Sony Computer

DECLARATION OF ALAN J. HEINRICH IN SUPPORT OF IMMERSION CORPORATION'S OPPOSITION TO MICROSOFT'S MOTION TO COMPEL RESPONSES TO REQUESTS FOR PRODUCTION NOS. 3 AND 19 (CV07 936RSM) - 1

Dockets.Justia.com

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Entertainment of America, Inc. and Sony Computer Entertainment Inc., Northern District of California Case No. C 02-00710 CW (WDB) (the "Sony Lawsuit"), and bearing production numbers IMRMS 533-48. 3. Attached hereto as Exhibit 2 is a true and correct copy of the Amended

Judgment dated April 7, 2005, in the Sony Lawsuit, bearing production numbers IMRMS 531-32. 4. Attached hereto as Exhibit 3 is a true and correct copy of a Notice of

Satisfaction of Amended Judgment dated March 19, 2007, bearing production numbers IMRMS 68-69. 5. Attached hereto as Exhibit 4 is a true and correct copy of Immersion

Corporation's Responses to Microsoft Corporation's First Set of Interrogatories and Requests For Production of Documents dated October 11, 2007. 6. Pursuant to orders of the United States District Court for the Northern District

of California, Immersion and Sony participated in three formal mediation sessions. The mediations took place before Hon. Edward Infante (Ret.) on February 4, 2003, October 31, 2003, and March 24, 2004, at the offices of JAMS in San Jose and San Francisco, California. Attached hereto as Exhibit 5 is a true and correct copy of a Case Management Order dated August 14, 2002, referring the Sony Lawsuit to Private Mediation. Attached hereto as Exhibit 6 is a true and correct copy of a Minute Order dated January 3, 2003, regarding the timing of the first mediation session. // // // // // //

DECLARATION OF ALAN J. HEINRICH IN SUPPORT OF IMMERSION'S OPPOSITION TO MICROSOFT'S MOTION TO COMPEL RESPONSES TO REQUESTS FOR PRODUCTION NOS. 3 AND 19 (CV07 936RSM) - 2

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7.

Attached hereto as Exhibit 7 is a true and correct copy of the JAMS standard

confidentiality agreement used in connection with mediations. (JAMS could not locate the original, signed agreement given the amount of time that has elapsed.) I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. EXECUTED on February 11, 2008, at Dallas, Texas. By /s/ Alan J. Heinrich Alan J. Heinrich, admitted pro hac vice Irell & Manella LLP 1800 Avenue of the Stars, Suite 900 Los Angeles, CA 90067-4276 Telephone: [phone] Facsimile: [phone] [e-mail]

DECLARATION OF ALAN J. HEINRICH IN SUPPORT OF IMMERSION'S OPPOSITION TO MICROSOFT'S MOTION TO COMPEL RESPONSES TO REQUESTS FOR PRODUCTION NOS. 3 AND 19 (CV07 936RSM) - 3

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CERTIFICATE OF SERVICE The undersigned attorney certifies that on the 11th day of February, 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/ Jofrey M. McWilliam, WSBA #28441 Byrnes & Keller LLP 1000 Second Avenue, 38th Floor Seattle, WA 98104 Telephone: [phone] Facsimile: [phone] [e-mail]

DECLARATION OF ALAN J. HEINRICH IN SUPPORT OF IMMERSION'S OPPOSITION TO MICROSOFT'S MOTION TO COMPEL RESPONSES TO REQUESTS FOR PRODUCTION NOS. 3 AND 19 (CV07 936RSM) - 4