Case 5:16-cv-00179-RWS Document 287-3 Filed 08/07/18 Page 1 of 5 PageID #: 16782
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`MAXELL, LTD.,
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`V .
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`. ... .
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`• , 1 11
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`I
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`ZTE USA INC.,
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`Plaintiff,
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`Case No. 5:16-cv-00179-RWS
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`JURY TRIAL DEMANDED
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`Defendants.
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`DECLARATION OF CLARK BAKEWELL IN SUPPORT OF
`PLAINTIFF MAXELL, LTD.'S POST-TRIAL MOTIONS AND
`RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW
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`I, Clark Bakewell, declare as follows.
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`1.
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`I am an attorney with the law firm of Mayer Brown LLP. I am admitted to the bar
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`of the State of Maryland. I am also admitted Pro Hae Vice to practice in the Eastern District of
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`Texas. I represent Plaintiff Maxell, Ltd. in the above-captioned action.
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`2.
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`I am submitting this declaration on behalf of Maxell in support of its Post-Trial
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`Motions and Renewed Motion for Judgment as a Matter of Law.
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`3.
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`Attached as Exhibit 1 hereto is a true and correct copy of an E-mail from Kfir
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`Levy to Aisha Haley re: Proposed Jury Instructions, dated June 29, 2018.
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`4.
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`Attached as Exhibit 2 hereto is a true and correct copy of PX-287, licensing offer
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`letters from Hitachi Ltd. to potential licensees, dated June 10, 2013.
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`5.
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`Attached as Exhibit 3 hereto is a true and correct copy of PX-303, comprising
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`claim charts for U.S. Patent Nos. 8,311,389; 6,748,317; and 5,396,443.
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`- 1 -
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`•''
`; · II_
`
`MAXELL, LTD.,
`
`V .
`
`. ... .
`
`• , 1 11
`
`• t 1 '"
`
`I
`
`ZTE USA INC.,
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`Plaintiff,
`
`Case No. 5:16-cv-00179-RWS
`
`JURY TRIAL DEMANDED
`
`Defendants.
`
`DECLARATION OF CLARK BAKEWELL IN SUPPORT OF
`PLAINTIFF MAXELL, LTD.'S POST-TRIAL MOTIONS AND
`RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW
`
`I, Clark Bakewell, declare as follows.
`
`1.
`
`I am an attorney with the law firm of Mayer Brown LLP. I am admitted to the bar
`
`of the State of Maryland. I am also admitted Pro Hae Vice to practice in the Eastern District of
`
`Texas. I represent Plaintiff Maxell, Ltd. in the above-captioned action.
`
`2.
`
`I am submitting this declaration on behalf of Maxell in support of its Post-Trial
`
`Motions and Renewed Motion for Judgment as a Matter of Law.
`
`3.
`
`Attached as Exhibit 1 hereto is a true and correct copy of an E-mail from Kfir
`
`Levy to Aisha Haley re: Proposed Jury Instructions, dated June 29, 2018.
`
`4.
`
`Attached as Exhibit 2 hereto is a true and correct copy of PX-287, licensing offer
`
`letters from Hitachi Ltd. to potential licensees, dated June 10, 2013.
`
`5.
`
`Attached as Exhibit 3 hereto is a true and correct copy of PX-303, comprising
`
`claim charts for U.S. Patent Nos. 8,311,389; 6,748,317; and 5,396,443.
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`Case 5:16-cv-00179-RWS Document 287-3 Filed 08/07/18 Page 2 of 5 PageID #: 16783
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`6.
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`Attached as Exhibit 4 hereto is a true and correct copy of PDX030-1, a trial
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`demonstrative used by Kenji Nakamura.
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`7.
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`Attached as Exhibit 5 hereto is a true and correct copy of PX-299, the response of
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`Hitachi Maxell to ZTE's Letter received on Feb. 15, 2015 re USP 6,748,317 (dated June 18,
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`2015).
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`8.
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`Attached as Exhibit 6 hereto is a true and correct copy of portions of the
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`Deposition Transcript of Dao Tian (taken December 18, 2017).
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`9.
`
`Attached as Exhibit 7 hereto is a true and correct copy of portions of the
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`Deposition Transcript of Fu Li (taken December 13, 2017).
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`10.
`
`Attached as Exhibit 8 hereto is a true and correct copy of portions of the
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`Deposition Transcript of Pinzhen Liao (taken December 11, 2017).
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`11.
`
`Attached as Exhibit 9 hereto is a true and correct copy of portions of the
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`Deposition Transcript of Shengjuan Wang (taken December 14, 2017).
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`12.
`
`Attached as Exhibit 10 hereto is a true and correct copy of portions of the
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`Deposition Transcript of Xiang Dai (taken December 15, 2017).
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`13.
`
`Attached as Exhibit 11 hereto is a true and correct copy of portions of the
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`Deposition Transcript of Yun Zhao (taken December 19, 2017).
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`14.
`
`Attached as Exhibit 12 hereto is a true and correct copy of portions of the
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`Deposition Transcript of Waiman Lam (taken December 12, 2017).
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`15.
`
`Attached as Exhibit 13 hereto is a true and correct copy of portions of the 2017
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`Annual Report of ZTE Corporation.
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`Case 5:16-cv-00179-RWS Document 287-3 Filed 08/07/18 Page 3 of 5 PageID #: 16784
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`16.
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`Attached as Exhibit 14 hereto is a true and correct copy of a October 23, 2017,
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`article from the Forbes website entitled "How ZTE Accomplished What Other Chinese Phone
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`Brands Haven't: Enter The U.S. And Japanese Market."
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`17.
`
`Attached as Exhibit 15 hereto is a true and correct copy of an April 20, 2018,
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`article from The Wall Street Journal website entitled "American Hustle: ZTE's Surprise U.S.
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`Success, Now Under Threat."
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`18.
`
`Attached as Exhibit 16 hereto is a true and correct copy of a June 7, 2018, article
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`from The Wall Street Journal website entitled "China's ZTE to Pay $1 Billion Fine in Settlement
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`With U.S."
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`19.
`
`Attached as Exhibit 1 7 hereto is a true and correct copy of portions of the Expert
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`Report of Scott Andrews Regarding Non-Infringement of U.S. Patent No. 6,748,317.
`
`20.
`
`Attached as Exhibit 18 hereto is a true and correct copy of portions of the Expert
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`Report of Dr. Zhi Ding Regarding Non-Infringement of U.S. Patent No. 6,408,193.
`
`21.
`
`Attached as Exhibit 19 hereto is a true and correct copy of portions of the Expert
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`Report of Dr. Barmak Mansoorian Regarding Non-Infringement of U.S. Patent Nos. 8,339,493
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`and 8,736,729.
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`22.
`
`Attached as Exhibit 20 hereto is a true and correct copy of portions of the Expert
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`Report of Dr. Ketan Mayer-Patel Re: Non-Infringement of U.S. Patent Nos. 8,098,695.
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`23.
`
`Attached as Exhibit 21 hereto is a true and correct copy of portions of the Expert
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`Report of Dr. Andrew Wolfe Regarding Non-Infringement of U.S. Patent Nos. 5,396,443 and
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`6,329,794.
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`Case 5:16-cv-00179-RWS Document 287-3 Filed 08/07/18 Page 4 of 5 PageID #: 16785
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`24.
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`Attached as Exhibit 22 hereto is a true and correct copy of an email from Jamie
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`Beaber to Howard Wisnia re: Maxell v. ZTE - Motion for Alternative Service, dated June 13,
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`2018.
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`25.
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`Attached as Exhibit 23 hereto is a true and correct copy of an email from Sara
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`O'Connell to Clark Bakewell re: Maxell v. ZTE- 6/17 Disclosures by Maxell, June 17, 2018.
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`26.
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`Attached as Exhibit 24 hereto is a true and correct copy of an email from Howard
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`Wisnia to Saqib Siddiqui re: Maxell v. ZTE- 491 and 695 Demonstratives, dated June 27, 2018.
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`27.
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`Attached as Exhibit 25 hereto is a true and correct copy of an email from Saqib
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`Siddiqui to Howard Wisnia re: ZTE Witness Order, dated June 27, 2018.
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`28.
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`Attached as Exhibit 26 hereto is a true and correct copy of an email from Howard
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`Wisnia to Jamie Beaber re: meet and confer re asserted claims and prior art, dated June 14, 2018.
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`29.
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`Attached as Exhibit 27 hereto is a true and correct copy of the initial exhibit list
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`served by ZTE to Maxell on April 27, 2018.
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`30.
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`Attached as Exhibit 28 hereto is a true and correct copy of the revised initial
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`exhibit list served by ZTE to Maxell on May 2, 2018.
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`31.
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`Attached as Exhibit 29 hereto is a true and correct copy of an email from Kfir
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`Levy to Howard Wisnia re: Maxell v ZTE - Exhibit Lists, dated May 14, 2018.
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`32.
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`Attached as Exhibit 30 hereto is a true and correct copy of the rebuttal exhibit list
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`served by ZTE to Maxell on May 21, 2018.
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`33.
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`Attached as Exhibit 31 hereto is a true and correct copy of a letter from Jamie
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`Beaber to Steven Moore dated January 11, 2018.
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`34.
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`Attached as Exhibit 32 hereto is a true and correct copy of portions of ZTE's
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`Response to Maxell's Second Set of Interrogatories, dated August 2, 2017.
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`Case 5:16-cv-00179-RWS Document 287-3 Filed 08/07/18 Page 5 of 5 PageID #: 16786
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`35.
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`Attached as Exhibit 33 hereto is a true and correct copy of the Patent Protective
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`Order for the present case signed by Judge Schroeder on March 6, 2017.
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`36.
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`Attached as Exhibit 34 hereto is a true and correct copy of an email from Sara
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`O'Connell to the listserv for Maxell Attorneys re: ZTE objections to three items, dated June 21,
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`2018.
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`37.
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`Attached as Exhibit 35 hereto is a true and correct copy of the Declaration by
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`Steven A. Moore PhD. In Support of ZTE's Notice of Position Regarding Trial Order, filed with
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`the Court on May 24, 2018.
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`38.
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`Attached as Exhibit 36 hereto is a true and correct copy of an email from Geoff
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`Culbertson to Brian Craft re: Maxell v ZTE, dated May 18, 2018.
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`39.
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`Attached as Exhibit 37 hereto is a true and correct copy of Maxell's Notice
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`Regarding ZTE's Opposition to Changing Order of Trials, filed with the Court on May 24, 2018.
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`40.
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`Attached as Exhibit 38 hereto is a true and correct copy of Exhibits 10 and 17 to
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`the Expert Report of Carla S. Mulhern regarding damages, served on ZTE on January 12, 2018.
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`41.
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`Attached as Exhibit 39 hereto is a true and correct copy of the bill of taxable costs
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`that Maxell submitted to ZTE on August 2, 2018, and to which ZTE had previously indicated
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`that did not oppose.
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`42.
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`I hereby declare under penalty of perjury that the foregoing statements are true
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`and accurate to the best of my knowledge, information, and belief.
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`Executed on August 3, 2018
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`Clark S. Bakewell
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