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