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`EXHIBIT 9
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`DECLARATION OF MELODY DRUMMOND HANSEN
`IN SUPPORT OF DEFENDANT APPLE INC.’S MOTION
`TO PRECLUDE RELIANCE ON CERTAIN
`INVENTION DATES AND TO STRIKE CERTAIN ALLEGATIONS
`Case No. 5:15-CV-02008-EJD
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`Case 3:14-cv-05353-WHA Document 50 Filed 06/09/15 Page 1 of 1Case 5:15-cv-02008-EJD Document 85-11 Filed 04/13/16 Page 2 of 2
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE NORTHERN DISTRICT OF CALIFORNIA
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`HARVATEK CORPORATION,
`Plaintiff,
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` v.
`CREE, INC., CREE HONG KONG LTD.,
`CREE SHANGHAI OPTO
`DEVELOPMENT LTD.,
`Defendants.
` /
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`No. C 14-05353 WHA
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`ORDER RE DEFENDANT’S
`DISCOVERY LETTER
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`In this patent dispute, defendants have filed a discovery letter. They seek an order
`precluding plaintiff from asserting a conception date prior to the filing date of the application for
`the patent in suit because plaintiff did not timely produce documents evidencing that earlier
`conception date pursuant to Patent L.R. 3-2(b). Defendants also move to strike plaintiff’s
`supplemental production on this issue date and to preclude further supplementation.
`This is not a discovery dispute. No party is seeking discovery. The issue here is whether
`the disclosures to date permit plaintiff to claim the benefit of an earlier invention date. Any
`relief relating to that issue must be sought in a formal motion.
`Defendants’ motion is DENIED without prejudice to a formal motion on this issue.
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`IT IS SO ORDERED.
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`Dated: June 9, 2015.
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`WILLIAM ALSUP
`UNITED STATES DISTRICT JUDGE
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`For the Northern District of California
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`United States District Court