Apple, Inc. v. Motorola, Inc. et al

Filing 114

Supplemental Declaration of Winslow B. Taub filed by Plaintiffs/Counter Claimants Apple, Inc., NeXT Software, Inc. re: 113 Motion for Leave to File, (Attachments: # 1 Exhibit 1 - Excerpt from Certified Translation of JP Prosecution History, # 2 Exhibit 2 - Excerpt from Certified Translation of JP Prosecution History, Claim 9) (Peterson, James)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

APPLE INC., and NEXT SOFTWARE,
INC. (f/k/a NeXT COMPUTER, INC.),
Plaintiffs and
CounterclaimDefendants,
v.

Case No. 10-CV-662 (BBC)

MOTOROLA, INC. and MOTOROLA
MOBILITY, INC.
Defendants and
CounterclaimPlaintiffs

SUPPLEMENTAL DECLARATION OF WINSLOW B. TAUB
IN SUPPORT OF APPLE INC. AND NEXT SOFTWARE, INC.’S MOTION
FOR LEAVE TO FILE SUPPLEMENTAL CLAIMS CONSTRUCTION EVIDENCE

I, Winslow B. Taub, hereby declare:
1.

I am an attorney with the law firm of Covington & Burling LLP, counsel of

record for Apple Inc. (“Apple”) and NeXT Software (“NeXT”) (collectively “Plaintiffs”) in the
above-captioned matter. The matters referenced in this declaration are based on personal
knowledge and if called as a witness I could, and would, testify competently to these matters.
2.

Attached hereto as Exhibit 1 is a true and correct copy of excerpts from the

certified translation of the prosecution file history of the Japanese counterpart to U.S. Patent No.
5,319,712, showing five pages that demonstrate that the Japanese counterpart claims priority
through a PCT application to the application that issued as U.S. Patent No. 5,319,712.
3.

Attached hereto as Exhibit 2 is a true and correct copy of an excerpt from the

certified translation of the prosecution file history of the Japanese counterpart to U.S. Patent No.
5,319,712 showing claim 9 of the Japanese counterpart.

Executed on July 19, 2011 at San Francisco, California.

/s/ Winslow B. Taub
Winslow B. Taub
6608929_1