Case 5:15-cv-02008-EJD Document 85-7 Filed 04/13/16 Page 1 of 4
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`EXHIBIT 5
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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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`EXHIBIT 5
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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 5:15-cv-02008-EJD Document 85-7 Filed 04/13/16 Page 2 of 4
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`Rowland, Clarence
`
`From:
`Sent:
`To:
`Cc:
`Subject:
`
`Niemeyer, Elizabeth <Elizabeth.Niemeyer@finnegan.com>
`Friday, February 26, 2016 12:05 PM
`Choi, Jay
`Drummond Hansen, Melody; Cook, Brian; OpenTV-Apple-2008
`RE: OpenTV v. Apple (N.D. Cal. 5:15-cv-02008-EJD): Discovery Response Deficiencies
`
`Dear Jay and Melody,
`
`Further to our call on February 11, 2016, please note that we will be supplementing OpenTV's response to Interrogatory
`No. 8 to expressly refer to the invention disclosure that is included with the file history of the '736 patent and identifies
`a conception date of September 14, 1995 (see March 9, 2000 Response to Office Action, OpenTV2008-00001587 -
`OpenTV2008-00001610). We will provide updates on a few other outstanding issues as soon as possible.
`
`Sincerely,
`Elizabeth
`
`-----Original Message-----
`From: Choi, Jay [mailto:jchoi@omm.com]
`Sent: Friday, February 05, 2016 1:54 PM
`To: Niemeyer, Elizabeth
`Cc: Drummond Hansen, Melody; Cook, Brian; OpenTV-Apple-2008
`Subject: RE: OpenTV v. Apple (N.D. Cal. 5:15-cv-02008-EJD): Discovery Response Deficiencies
`
`Elizabeth,
`
`Yes, 10 am PT/1 pm ET will work.
`
`Best,
`Jay
`
`-----Original Message-----
`From: Niemeyer, Elizabeth [mailto:Elizabeth.Niemeyer@finnegan.com]
`Sent: Friday, February 05, 2016 10:29 AM
`To: Choi, Jay
`Cc: Drummond Hansen, Melody; Cook, Brian; OpenTV-Apple-2008
`Subject: Re: OpenTV v. Apple (N.D. Cal. 5:15-cv-02008-EJD): Discovery Response Deficiencies
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`Jay,
`
`Since the call may take a while, are you available earlier in the day (e.g., 10 am PT/1 pm ET)?
`
`Sincerely,
`Elizabeth
`
`
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`On Feb 5, 2016, at 1:04 PM, Choi, Jay <jchoi@omm.com<mailto:jchoi@omm.com>> wrote:
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`Case 5:15-cv-02008-EJD Document 85-7 Filed 04/13/16 Page 3 of 4
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`Elizabeth,
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`Thank you for your response. Would 2:30pm PT/5:30pm ET work for you?
`
`Best,
`Jay
`
`From: Niemeyer, Elizabeth [mailto:Elizabeth.Niemeyer@finnegan.com]
`Sent: Friday, February 05, 2016 8:28 AM
`To: Choi, Jay
`Cc: OpenTV-Apple-2008
`Subject: RE: OpenTV v. Apple (N.D. Cal. 5:15-cv-02008-EJD): Discovery Response Deficiencies
`
`Dear Jay,
`
`Please let us know if you are available Thursday (2/11) afternoon (e.g., 1 p.m. PT/4 p.m. ET) for a call. If so, we can use
`the following dial-in number:
`
`Dial-in: 888-546-0543
`Passcode: 202-408-4478
`
`Sincerely,
`Elizabeth
`
`
`
`Elizabeth A. Niemeyer│A(cid:425)orney at Law│Finnegan, Henderson, Farabow, Garre(cid:425) & Dunner, LLP │901 New York Avenue,
`NW, Washington, DC 20001-4413 │(202) 408-4238│fax (202) 408-
`4400│elizabeth.niemeyer@finnegan.com<mailto:elizabeth.niemeyer@finnegan.com>
`NOTICE: This e-mail was sent by a law firm and may contain information that is confidential, protected, or privileged. If
`you are not the intended recipient, please delete the e-mail and all attachments, and notify the sender immediately.
`
`From: Choi, Jay [mailto:jchoi@omm.com]
`Sent: Tuesday, February 02, 2016 12:48 PM
`To: Niemeyer, Elizabeth
`Subject: OpenTV v. Apple (N.D. Cal. 5:15-cv-02008-EJD): Discovery Response Deficiencies
`
`Dear Elizabeth,
`
`Please see the attached letter regarding deficiencies in OpenTV's objections and responses to Apple's First Set of
`Interrogatories and First Set of Requests for Production.
`
`Sincerely,
`
`Jay Choi
`O'Melveny & Myers LLP
`Two Embarcadero Center, 28th Floor
`San Francisco, CA 94111
`415-984-8746
`jchoi@omm.com<mailto:jchoi@omm.com>
`
`This message and any attached documents contain information from the law firm of O'Melveny & Myers LLP that may
`be confidential and/or privileged. If you are not the intended recipient, you may not read, copy, distribute, or use this
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`Case 5:15-cv-02008-EJD Document 85-7 Filed 04/13/16 Page 4 of 4
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`information. If you have received this transmission in error, please notify the sender immediately by reply e-mail and
`then delete this message.
`
`This e-mail message is intended only for individual(s) to whom it is addressed and may contain information that is
`privileged, confidential, proprietary, or otherwise exempt from disclosure under applicable law. If you believe you have
`received this message in error, please advise the sender by return e-mail and delete it from your mailbox. Thank you.
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`This e-mail message is intended only for individual(s) to whom it is addressed and may contain information that is
`privileged, confidential, proprietary, or otherwise exempt from disclosure under applicable law. If you believe you have
`received this message in error, please advise the sender by return e-mail and delete it from your mailbox. Thank you.
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`This e-mail message is intended only for individual(s) to whom it is addressed and may contain information that is
`privileged, confidential, proprietary, or otherwise exempt from disclosure under applicable law. If you believe you have
`received this message in error, please advise the sender by return e-mail and delete it from your mailbox. Thank you.
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`3
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