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

Filing 168

Declaration of Samuel F. Ernst filed by Plaintiff Apple, Inc. in Support of Reply re: 154 Motion to Stay (Attachments: # 1 Ex. 1, Dist. Court Order, # 2 Ex. 2, Motorolas 9/28/2011 Form 8-K, # 3 Ex. 3, Sirius 4/12/2007 Form 8-K, # 4 Ex. 4, DOJ 2008 Press Release, # 5 Ex. 5, Sirius 8/1/2008 Form 8-K, # 6 Ex. 6, Silver Declaration - Dist. of Columbia case, # 7 Ex. 7, DOJ 2002 Press Release) (Haslam, Robert) Modified exhibit description on 9/30/2011 (mmo).

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,
Case No. 10-CV-662 (BBC)

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

REPLY DECLARATION OF SAMUEL F. ERNST IN SUPPORT OF PLAINTIFFS AND
COUNTERCLAIM-DEFENDANTS APPLE INC. AND NEXT SOFTWARE, INC.’S
MOTION FOR A STAY PURSUANT TO FED. R. CIV. P. 19

I, Samuel F. Ernst, hereby declare:
1.

I am a partner at the law firm of Covington & Burling LLP, counsel of record for

Apple Inc. (“Apple”) and NeXT Software (“NeXT”) (collectively “Plaintiffs”) in the abovecaptioned 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 the United States

District Court for the Southern District of Florida’s “Order on Motion to Stay,” entered on
September 29, 2011 in Motorola Mobility Inc. v. Apple Inc., Case No. 10-23580-Civ-UU.
3.

Attached hereto as Exhibit 2 is a true and correct copy of Motorola Mobility

Holding, Inc.’s September 28, 2011 Form 8-K Report to the United States Securities and
Exchange Commission (“the SEC”).
4.

Attached hereto as Exhibit 3 is a true and correct copy of Sirius Satellite Radio

Inc.’s April 12, 2007 Form 8-K Report to the SEC.
5.

Attached hereto as Exhibit 4 is a true and correct copy of a press release issued on

March 24, 2008 by the United States Department of Justice (“the DOJ”).
6.

Attached hereto as Exhibit 5 is a true and correct copy of Sirius Satellite Radio

Inc.’s August 1, 2008 Form 8-K Report to the SEC.
7.

Attached hereto as Exhibit 6 is a true and correct copy of the “Declaration of

Robert Silver” (without exhibits) filed in the United States District Court for the District of
Columbia in United States v. Echostar Communications Corp., et al., Case No. 1:02CV02138
(ESH).

8.

Attached hereto as Exhibit 7 is a true and correct copy of a press release issued on

October 31, 2002 by the DOJ.
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct to the best of my knowledge and belief.
Executed on September 29, 2011 at San Francisco, California.

/s/ Samuel F. Ernst
Samuel F. Ernst

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