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Case 1:15-cv-00545-JFB-SRF Document 418 Filed 09/06/18 Page 1 of 4 PageID #: 23613
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 15-542-JFB-SRF
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`C.A. No. 15-545-JFB-SRF
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
`
`
`
`))))))))))
`
`))))))))))
`
`EVOLVED WIRELESS, LLC,
`
`Plaintiff,
`
`v.
`
`APPLE, INC.,
`
`Defendant.
`
`EVOLVED WIRELESS, LLC,
`
`Plaintiff,
`
`v.
`
`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS AMERICA, INC.,
`
`Defendants.
`
`DECLARATION OF MICHAEL D. JAY IN SUPPORT OF DEFENDANTS
`APPLE INC.’S, SAMSUNG ELECTRONICS CO., LTD.’S AND SAMSUNG
`ELECTRONICS AMERICA, INC.’S JOINT MOTIONS IN LIMINE
`
`David E. Moore (#3983)
`Bindu A. Palapura (#5370)
`Stephanie E. O’Byrne (#4446)
`POTTER ANDERSON & CORROON LLP
`Hercules Plaza, 6th Floor
`1313 N. Market Street
`Wilmington, DE 19801
`Tel: (302) 984-6000
`dmoore@potteranderson.com
`bpalapura@potteranderson.com
`sobyrne@potteranderson.com
`
`Attorneys for Defendant Apple, Inc.
`
`John W. Shaw (#3362)
`Karen E. Keller (#4489)
`Andrew E. Russell (#5382)
`David M. Fry (#5486)
`Nathan R. Hoeschen (#6232)
`Shaw Keller LLP
`I.M. Pei Building
`1105 N. Market Street, 12th Floor
`Wilmington, DE 19801
`Tel: (302) 298-0700
`jshaw@shawkeller.com
`kkeller@shawkeller.com
`arussell@shawkeller.com
`dfry@shawkeller.com
`nhoeschen@shawkeller.com
`
`Counsel for Defendants Samsung Electronics
`Co., Ltd. and Samsung Electronics America, Inc
`
`Dated: August 30, 2018.
`
`PUBLIC VERSION
`
`PUBLIC VERSION
`
`Public Version Dated: September 6, 2018
`
`

`

`Case 1:15-cv-00545-JFB-SRF Document 418 Filed 09/06/18 Page 2 of 4 PageID #: 23614
`
`I, Michael D. Jay, declare as follows:
`
`1.
`
`I am a partner at the law firm of Boies, Schiller & Flexner, LLP, attorneys for
`
`Defendant Apple Inc. (“Apple” or “Defendant”) in the above-captioned matter. I submit this
`
`declaration in support of Defendants Apple Inc.’s, Samsung Electronics Co., Ltd.’s and
`
`Samsung Electronics America, Inc.’s Joint Motions In Limine. Unless otherwise stated, I have
`
`personal knowledge of the facts set forth herein, and if called upon to testify as a witness, I
`
`could and would competently testify thereto under oath.
`
`2.
`
`Attached hereto as Exhibit A is a true and correct copy of a February 4, 2015
`
`Presentation by Evolved Wireless prepared for Apple. Exhibit A is being filed under seal
`
`because Apple designated it as “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” under the
`
`operative Protective Order in this matter.
`
`3.
`
`Attached hereto as Exhibit B is a true and correct copy of excerpts of the
`
`deposition transcript of Abha Divine. The deposition took place on March 21, 2017. Exhibit B
`
`is being filed under seal because Evolved designated it as “CONFIDENTIAL –
`
`ATTORNEYS’ EYES ONLY” under the operative Protective Order in this matter.
`
`4.
`
`Attached hereto as Exhibit C is a true and correct copy of excerpts of the
`
`deposition transcript of Abha Divine. The deposition took place on March 22, 2017. Exhibit C
`
`is being filed under seal because Evolved designated it as “CONFIDENTIAL –
`
`ATTORNEYS’ EYES ONLY” under the operative Protective Order in this matter.
`
`5.
`
`Attached hereto as Exhibit D is a true and correct copy of excerpts of the
`
`deposition transcript of Abha Divine. The deposition took place on March 23, 2017. Exhibit D
`
`is being filed under seal because Evolved designated it as “CONFIDENTIAL –
`
`ATTORNEYS’ EYES ONLY” under the operative Protective Order in this matter.
`
`

`

`Case 1:15-cv-00545-JFB-SRF Document 418 Filed 09/06/18 Page 3 of 4 PageID #: 23615
`
`6.
`
`Attached hereto as Exhibit E is a true and correct copy of the excerpts of the
`
`deposition transcript of Mark Roche. The deposition took place on November 10, 2017.
`
`Exhibit E is being filed under seal because Evolved designated it as “CONFIDENTIAL –
`
`ATTORNEYS’ EYES ONLY” under the operative Protective Order in this matter.
`
`7.
`
`Attached hereto as Exhibit F is a true and correct copy of the excerpts of the
`
`deposition transcript of Matthew DelGiorno. The deposition took place on April 6, 2017.
`
`Exhibit F is being filed under seal because Evolved designated it as “CONFIDENTIAL –
`
`ATTORNEYS’ EYES ONLY” under the operative Protective Order in this matter.
`
`8.
`
`Attached hereto as Exhibit G is a true and correct copy of the excerpts of the
`
`deposition transcript of Sami Almalfouh. The deposition took place on April 11, 2017. Exhibit
`
`G is being filed under seal because Evolved designated it as “CONFIDENTIAL –
`
`ATTORNEYS’ EYES ONLY” under the operative Protective Order in this matter.
`
`9.
`
`Attached hereto as Exhibit H is a true and correct copy of Evolved Wireless’s
`
`First Supplemental and Amended Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1),
`
`which were served on January 4, 2017.
`
`10.
`
`Attached hereto as Exhibit I is a true and correct copy of excerpts of the
`
`deposition transcript of Dr. Jonathan D. Putnam. The deposition took place on August 16,
`
`2017. Exhibit I is being filed under seal because Apple designated it as “HIGHLY
`
`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” under the operative Protective Order in
`
`this matter.
`
`2
`
`

`

`Case 1:15-cv-00545-JFB-SRF Document 418 Filed 09/06/18 Page 4 of 4 PageID #: 23616
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`I declare under penalty of perjury under the laws of the United States that the foregoing
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`is true and correct.
`
`Executed this 30th day of August 2018, in Santa Monica, California
`
`/s/ Michael D. Jay ________
`Michael D. Jay
`
`3
`
`

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