`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`2:16-cv-00693-JRG (LEAD CASE)
`
`2:16-cv-00692-JRG
`
`2:16-cv-00695-RWS
`
`JURY TRIAL DEMANDED
`
`))))))))))))
`
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`
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`DECLARATION OF KARINEH KHACHATOURIAN IN SUPPORT OF
`CAVIUM, INC.’S MOTION TO INTERVENE
`I, Karineh Khachatourian, declare as follows:
`I am a partner in the law firm Duane Morris LLP and I represent Cavium, Inc.
`1.
`
`(“Cavium”) in this action. I have personal knowledge of the facts stated herein, and, if called
`
`upon, I could and would competently testify thereto.
`
`2.
`
`On December 2, 2016, Alacritech issued a subpoena to Cavium in this action,
`
`with a response date of January 3, 2017. A true and correct copy of the subpoena to Cavium is
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`attached hereto as Exhibit 1.
`
`3.
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`Between at least December 5 and December 19, 2016, I engaged in discussions by
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`phone and by email with counsel for Alacritech regarding the timing of the subpoena, seeking an
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`extension of time due to my client’s unavailability during the holidays.
`
`4.
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`In the course of the telephone and email communications with Alacritech
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`regarding the subpoena to Cavium, I advised Alacritech that Cavium intended to intervene in the
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`action on essentially the same basis that Intel Corporation had intervened. I communicated to
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`Alacritech’s counsel that Cavium has agreed to defend and partially indemnify Dell as to the
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`claims against Dell products incorporating Cavium/QLogic’s technology. I asked Alacritech
`
`
`ALACRITECH, INC., A California corporation,
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`Plaintiff,
`
`
`
`v.
`
`
`TIER 3, ET AL., WISTRON CORPORATION ET
`AL., DELL INC., A Delaware corporation,
`
`
`Defendants
`
`
`
`Case 2:16-cv-00693-JRG-RSP Document 109-4 Filed 01/13/17 Page 2 of 2 PageID #: 3039
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`whether they would consent to filing a motion to intervene unopposed in light of the Court’s
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`recent order granting Intel Corporation’s Motion to Intervene. I was not able to secure
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`Alacritech’s consent to Cavium filing an unopposed motion to intervene.
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`5.
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`As an alternative to intervention, I also proposed that Alacritech dismiss claims
`
`against Dell pertaining to products sold by Cavium’s wholly-owned subsidiary, QLogic
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`Corporation (“QLogic”). Alacritech advised me via email on Friday, December 16, 2016 at
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`11:24 p.m. that Cavium’s proposal to dismiss claims against Dell and assert claims against
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`Cavium directly was rejected, and further stated “Feel free to move to intervene, and we will
`
`consider whether we oppose.” A true and correct copy of my December 16, 2016, email
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`correspondence to Alacritech’s counsel, Diane Cafferata, and Ms. Cafferata’s December 16,
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`2016, response email, is attached hereto as Exhibit 2.
`
`I declare under penalty of perjury under the laws of the United States that the foregoing is
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`true and correct.
`
`Executed on January 13, 2017
`
`
`
`
`
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`
`
`/s/ Karineh Khachatourian
`Karineh Khachatourian
`
`DM2\7382526.1
`
`- 2 -
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`
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