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`
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`ALACRITECH, INC., A California
`corporation,
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`
`
`Plaintiff,
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`
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`v.
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`TIER 3, ET AL.,
`
`WISTRON CORPORATION ET AL.,
`
`DELL INC., A Delaware corporation,
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`Defendants.
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`
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`
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`2:16-cv-00693-JRG (LEAD CASE)
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`2:16-cv-00692-JRG
`
`2:16-cv-00695-JRG
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`JURY TRIAL DEMANDED
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`DECLARATION OF GARLAND STEPHENS
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`1.
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`I am an attorney with Weil Gotshal & Manges. I represent Intel in this matter. I
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`submit this declaration in support of Intel’s Motion to Intervene in this case. I have personal
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`knowledge of the facts stated below and, if called upon to do so, would testify competently
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`thereto.
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`2.
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`Before Alacritech served its infringement contentions, I asked counsel for Dell to
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`provide copies of Alacritech’s infringement contentions relating to Intel components promptly
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`when Alacritech served them. Soon after receiving Alacritech’s infringement contentions,
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`counsel for Dell informed me that Dell could not share Alacritech’s infringement contentions or
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`any information derived from them with Intel because Alacritech had marked them
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`“Confidential” and declined Dell’s request for permission to share them with Intel.
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`
`
`1
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`EX. 2007.001
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`
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`Case 2:16-cv-00693-JRG-RSP Document 71-2 Filed 10/31/16 Page 2 of 3 PageID #: 1787
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`
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`3.
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`On October 13, 2016, I spoke with Alacritech counsel and asked whether
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`Alacritech would provide its infringement contentions in the three pending cases to Intel. On
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`October 19, 2016, Alacritech refused.
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`4.
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`On October 20, 2016, I again asked Alacritech to share its infringement
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`contentions with Intel. On October 21, 2016, Alacritech again refused.
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`5.
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`An email chain reflecting my communication with Alacritech’s counsel described
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`above is included in an email I sent to Alacritech’s counsel Claude Stern and Joe Paunovich on
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`October 21, 2016, which is attached to this declaration as Exhibit 1.
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`6.
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`For convenient reference, an email from the same chain, dated October 21 from
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`Claude Stern to me, is attached to this declaration as Exhibit 2.
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`
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`I declare under penalty of perjury of the laws of the United States that the foregoing is
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`true and correct.
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`
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`Dated: October 31, 2016
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`Respectfully submitted,
`
`
`
`
`
`
`/s/ Garland T. Stephens
`
`Garland T. Stephens, Lead Attorney (24053910)
`WEIL, GOTSHAL & MANGES LLP
`700 Louisiana, Suite 1700
`Houston, TX 77002
`Telephone: (713) 546-5000
`Facsimile: (713) 224-9511
`garland.stephens@weil.com
`
`Counsel for Intervening Party
`INTEL CORPORATION
`
`
`
`2
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`EX. 2007.002
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`
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`Case 2:16-cv-00693-JRG-RSP Document 71-2 Filed 10/31/16 Page 3 of 3 PageID #: 1788
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`
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a true and correct copy of the above and foregoing
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`document has been served on October 31, 2016 to all counsel of record who are deemed to have
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`consented to electronic service via the Court’s CM/ECF system per Local Rule CV-5(a)(3).
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` /s/ Garland T. Stephens
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`3
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`EX. 2007.003
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`