Nokia Corporation v. Apple Inc.

Filing 61

Declaration of Allyson J. Portney filed by Counter Claimants Apple, Inc., Defendant Apple, Inc. re: 55 Motion Requesting Claims Construction by Counter Claimants Apple, Inc., Defendant Apple, Inc. (Attachments: # 1 Exhibit A - November 6, 2002 Office Action and January 17, 2003 Amendment in Response from the prosecution history of United States Patent No. 6,603,431, # 2 Exhibit B - March 25, 2003 Notice of Allowability from the prosecution history of United States Patent No. 6,603,431 File History, # 3 Exhibit C - January 19, 2001 Office Action and April 5, 2001 Amendment in Response from the prosecution history of United States Patent No. 6,348,894, # 4 Exhibit D - September 22, 2005 Notice of Allowance from the prosecution history of United States Patent No. 7,532,680, # 5 Exhibit E - December 27, 2005 Preliminary Amendment from the prosecution history of United States Patent No. 7,532,680, # 6 Exhibit F - Cited Reference, M. Soviero, Your World According to Newton, Popular Science, September 1992, from the prosecution history of United States Patent No. 5,612,719, # 7 Exhibit G - May 28, 1993 Office Action and August 30, 1993 Response from the prosecution history of United States Patent No. 5,612,719, # 8 Exhibit H - November 15, 1993 Office Action and January 18, 1994 Response from the prosecution history of United States Patent No. 5,612,719, # 9 Exhibit I - November 28, 1995 Office Action and July 9, 1996 Response from the prosecution history of United States Patent No. 5,612,719, # 10 Exhibit J - July 7, 1994 Office Action and October 21, 1994 Response from the prosecution history of United States Patent No. 5,612,719, # 11 Exhibit K - September 27, 1996 Office Action and November 5, 1996 Response from the prosecution history of United States Patent No. 5,612,719, # 12 Exhibit L - Declaration of Daniel Sievenpiper, Ph.D, # 13 Exhibit M - Declaration of Patrick Fay, # 14 Exhibit N - Declaration of Michael Braasch, Ph.D, # 15 Exhibit O - Excerpt from 1st Edition of Websters Dictionary) (Massa, Dominic) Modified exhibit descriptions and docket text on 12/20/2010 (jas/p).

Nokia Corporation v. Apple Inc.

Doc. 61

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN __________________________________________ NOKIA CORPORATION, ) ) Plaintiff, ) ) v. ) ) APPLE INC., ) ) Defendant. ) __________________________________________) APPLE INC., ) ) Counterclaim-Plaintiff, ) ) v. ) ) NOKIA CORPORATION and NOKIA INC., ) ) Counterclaim-Defendants. ) __________________________________________)

CIVIL ACTION NO. 10-CV-249

DECLARATION OF ALLYSON J. PORTNEY IN SUPPORT OF APPLE'S OPENING MARKMAN BRIEF I, Allyson J. Portney, hereby declare as follows: 1. I am an attorney at law admitted to practice in the Commonwealth of

Massachusetts (BBO# 669288). I was admitted to practice in this Court pro hac vice on December 10, 2010. I am an associate at the law firm of Wilmer Cutler Pickering Hale and Dorr, LLP, counsel for defendant and counterclaim-plaintiff Apple Inc. ("Apple") in this action by Nokia Corporation ("Nokia"). 2. I have personal knowledge of the information set forth herein, and I could and

would competently testify thereto if called as a witness. 3. I make this declaration in support of Apple Inc.'s Motion For Claim Construction

Of Certain Disputed Terms.

Dockets.Justia.com

4.

Electronically filed herewith as Exhibit A is a true and accurate copy of the

November 6, 2002 Office Action and January 17, 2003 Amendment in Response from the prosecution history of United States Patent No. 6,603,431. 5. Electronically filed herewith as Exhibit B is a true and accurate copy of the March

25, 2003 Notice of Allowability from the prosecution history of United States Patent No. 6,603,431 File History. 6. Electronically filed herewith as Exhibit C is a true and accurate copy of the

January 19, 2001 Office Action and April 5, 2001 Amendment in Response from the prosecution history of United States Patent No. 6,348,894. 7. Electronically filed herewith as Exhibit D is a true and accurate copy of the

September 22, 2005 Notice of Allowance from the prosecution history of United States Patent No. 7,532,680. 8. Electronically filed herewith as Exhibit E is a true and accurate copy of the

December 27, 2005 Preliminary Amendment from the prosecution history of United States Patent No. 7,532,680. 9. Electronically filed herewith as Exhibit F is a true and accurate copy of the Cited

Reference, M. Soviero, "Your World According to Newton," Popular Science, September 1992, from the prosecution history of United States Patent No. 5,612,719. 10. Electronically filed herewith as Exhibit G is a true and accurate copy of the May

28, 1993 Office Action and August 30, 1993 Response from the prosecution history of United States Patent No. 5,612,719. 11. Electronically filed herewith as Exhibit H is a true and accurate copy of the

November 15, 1993 Office Action and January 18, 1994 Response from the prosecution history of United States Patent No. 5,612,719. -2-

12.

Electronically filed herewith as Exhibit I is a true and accurate copy of the

November 28, 1995 Office Action and July 9, 1996 Response from the prosecution history of United States Patent No. 5,612,719. 13. Electronically filed herewith as Exhibit J is a true and accurate copy of the July 7,

1994 Office Action and October 21, 1994 Response from the prosecution history of United States Patent No. 5,612,719. 14. Electronically filed herewith as Exhibit K is a true and accurate copy of the

September 27, 1996 Office Action and November 5, 1996 Response from the prosecution history of United States Patent No. 5,612,719. 15. Electronically filed herewith as Exhibit L is a true and accurate copy of the

Declaration of Daniel Sievenpiper, Ph.D. 16. Electronically filed herewith as Exhibit M is a true and accurate copy of the

Declaration of Patrick Fay. 17. Electronically filed herewith as Exhibit N is a true and accurate copy of the

Declaration of Michael Braasch, Ph.D. 18. Electronically filed herewith as Exhibit O is a true and accurate copy of pages 443

and 157 from the 1st edition of Webster's Dictionary. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed this 17th day of December, 2010 in Boston, Massachusetts.

_/s/ Allyson J. Portney _______________________ Allyson J. Portney

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