`FILED UNDER SEAL
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`
`
`
`Case No. 5:16-cv-00179-RWS
`
`JURY TRIAL DEMANDED
`
`MAXELL LTD.,
`
`ZTE (USA) INC.,
`
`Plaintiff,
`
`v.
`
`Defendants.
`
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`DECLARATION OF SARA J. O’CONNELL IN SUPPORT OF
`DEFENDANT ZTE (USA), INC.’S RESPONSE IN OPPOSITION TO PLAINTIFF
`MAXELL, LTD.’S POST-TRIAL MOTIONS AND RENEWED MOTION FOR
`JUDGMENT AS A MATTER OF LAW
`I, Sara J. O’Connell, hereby submit this Declaration in support of Defendant ZTE (USA),
`Inc.’s response in opposition to Plaintiff Maxell, Ltd.’s (“Plaintiff” or “Maxell”) Post-Trial
`Motions and Renewed Motion for Judgment as a Matter of Law (“JMOL”). I have actual
`knowledge of the statements made herein, and could and would testify to said facts if called to do
`so in a court of law.
`1.
`The document attached as Exhibit A is a true and correct copy of
`
`The document attached as Exhibit B is a true and correct copy of
`
`2.
`
`
`
`
`
`3.
`remarks slide
`
`
`The document attached as Exhibit C is a true and correct copy of ZTE closing
`
`
`
`
`1
`
`
`
`Case 5:16-cv-00179-RWS Document 291-1 Filed 08/28/18 Page 2 of 4 PageID #: 18671
`FILED UNDER SEAL
`
`4.
`
`The document attached as Exhibit D is a true and correct copy of
`
`
`
`
`
`5.
`
`
`The document attached as Exhibit E is a true and correct copy of
`
`
`6.
`The document attached as Exhibit F is a true and correct copy of Scott Andrews’s
`Invalidity Demonstratives, DX-196-5
`
`7.
`The document attached as Exhibit G is a true and correct copy of
`
`
`
`
`
`8.
`
`The document attached as Exhibit H is a true and correct copy of
`
`9.
`The document attached as Exhibit I is a true and correct copy of an email from K.
`Levy to H. Wisnia, June 14, 2018
`
`10.
`The document attached as Exhibit J is a true and correct copy of an email from H.
`Wisnia to T. Fussell, dated June 12, 2018
`
`11.
`The document attached as Exhibit K is a true and correct copy of an email from T.
`Miller to N. Cunningham, dated May 21, 2018
`
`12.
`The document attached as Exhibit L is a true and correct copy of
`
`
`
`
`
`
`
`
`
`The document attached as Exhibit M is intentionally blank.
`The document attached as Exhibit N is a true and correct copy of
`
`13.
`14.
`
`15.
`
`The document attached as Exhibit O is a true and correct copy of
`
`
`
`
`
`
`
`
`
`
`
`
`2
`
`
`
`Case 5:16-cv-00179-RWS Document 291-1 Filed 08/28/18 Page 3 of 4 PageID #: 18672
`FILED UNDER SEAL
`
`
`16.
`
`
`
`The document attached as Exhibit P is a true and correct copy of
`
`17.
`The document attached as Exhibit Q is a true and correct copy of excerpts from
`Maxell’s slide deck PDX001, used by Maxell during its opening statement on June 19, 2018.
`18.
`The document attached as Exhibit R is a true and correct copy of an Order on
`Post-Trial Motions in XY, LLC v. Trans Ova Genetics, LC, 13-cv-0876-WJM-NYW (D. Colo.
`Apr. 8, 2016).
`19.
`
`The document attached as Exhibit S is a true and correct copy of
`
`
`
`
`I declare under penalty of perjury that the foregoing facts are true and correct to the best
`of my knowledge.
`Executed on August 24, 2018, at San Diego, California.
`
`
`
`
`
`
`/s/ Sara J. O’Connell
`SARA J. O’CONNELL
`Counsel for Defendant ZTE (USA), Inc.
`
`
`
`3
`
`
`
`Case 5:16-cv-00179-RWS Document 291-1 Filed 08/28/18 Page 4 of 4 PageID #: 18673
`FILED UNDER SEAL
`
`CERTIFICATE OF SERVICE
`The undersigned hereby certifies that counsel of record who are deemed to have
`consented to electronic service are being served with a true and correct copy of the foregoing via
`the Court’s CM/ECF system per Local Rule CV-5(a)(3) on August 24, 2018.
`I hereby certify that on August 24, 2018, a true and correct copy of the foregoing was
`served on Plaintiff’s counsel via electronic mail.
`
`/s/ Sara J. O’Connell
`Sara J. O’Connell
`
`
`
`CERTIFICATE OF AUTHORIZATION TO FILE UNDER SEAL
`The undersigned certifies that the foregoing document is authorized to be filed under seal
`pursuant to the Protective Order entered in this case.
`
`/s/ Sara J. O’Connell
`Sara J. O’Connell
`
`
`
`4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
