Case 5:15-cv-02008-EJD Document 86-3 Filed 04/18/16 Page 1 of 4
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`EXHIBIT 7
`REDACTED VERSION OF ENTIRE
`DOCUMENT FOR PUBLIC FILING
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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 86-3 Filed 04/18/16 Page 2 of 4
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`Rowland, Clarence
`
`From:
`Sent:
`To:
`Cc:
`Subject:
`
`Niemeyer, Elizabeth <Elizabeth.Niemeyer@finnegan.com>
`Monday, March 14, 2016 6:50 AM
`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
`
`HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
`
`Dear Jay:
`
`We are reviewing the questions that you raised in your March 4 letter and expect to provide a more detailed update
`shortly. The following, however, should preliminarily address the issues you raised.
`
`Regarding the September 14, 1995 conception date of the '736 patent, as we previously informed you, that date is
`clearly identified in the invention disclosure document in the file history. That information should have been included in
`our interrogatory response, and we will shortly serve a supplemental response to Apple's interrogatory to make that
`clear. To the extent we locate additional information relating to Apple's requests, including information on diligence, we
`will promptly produce it and/or further supplement our interrogatory response. If we identify documents that require
`supplementation of OpenTV's 3-2 production, we would consult with you before filing a motion to supplement.
`
`As to the '740 patent invention date, we did state that we had not identified an earlier invention date for purposes of
`this litigation. We are continuing to investigate the possibility of an earlier invention date and, in the interest of
`disclosure, may supplement our response to disclose an invention date of
`Those efforts are ongoing, but
`we cannot confirm that we will never assert an earlier date, either in this litigation or in any inter partes review
`proceeding you might request.
`
`Regarding OpenTV's identification of OPENTV2008-00008615-OPENTV2008-00009148 in response to interrogatory no. 8,
`the range includes only 21 documents. We are still considering whether we can separately identify smaller ranges of
`documents for each of the asserted patents.
`
`Regarding interrogatory no. 13, we expect to supplement Plaintiffs' response shortly.
`
`Concerning your inquiry regarding Plaintiffs' responses to Apple's requests for production, Plaintiffs are not currently
`withholding any documents on the basis of the objections raised, aside from privilege, although the objections generally
`describe the parameters used in collecting documents for production. If we identify documents being withheld on the
`basis of any non-privilege objection, we will notify Apple. Please confirm that Apple will likewise notify us if it identifies
`documents being withheld on the basis of its non-privilege objections.
`
`Regarding your inquiry whether Plaintiffs plan to rely on any products of Kudelski Group for a lost profits analysis,
`Plaintiffs do not plan to rely on any product made by any entity other than the Plaintiffs.
`
`Sincerely,
`Elizabeth
`
`-----Original Message-----
`From: Choi, Jay [mailto:jchoi@omm.com]
`Sent: Friday, February 05, 2016 1:54 PM
`To: Niemeyer, Elizabeth
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`Case 5:15-cv-02008-EJD Document 86-3 Filed 04/18/16 Page 3 of 4
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`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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`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:
`
`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
`
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`Case 5:15-cv-02008-EJD Document 86-3 Filed 04/18/16 Page 4 of 4
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`Elizabeth A. Niemeyer│A(cid:425)orney at Law│Finnegan, Henderson, Farabow, Garrett & 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
`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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