Case 5:16-cv-00179-RWS Document 292-1 Filed 08/28/18 Page 1 of 6 PageID #: 18863
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`MAXELL, LTD.,
`
`v.
`
`ZTE USA INC.,
`
`Plaintiff,
`
`Defendants.
`
`Case No. 5:16-cv-00179-RWS
`
`JURY TRIAL DEMANDED
`
`DECLARATION OF CLARK BAKEWELL IN SUPPORT OF
`PLAINTIFF MAXELL, LTD.’S RESPONSE TO DEFENDANT ZTE (USA), INC.’S
`RULE 50 MOTION FOR JUDGMENT AS A MATTER OF LAW AND MOTION FOR A
`NEW TRIAL PURSUANT TO FEDERAL RULE 59
`
`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 Hac 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.
`
`4.
`
`5.
`
`Attached as Exhibit 1 hereto is a true and correct copy of PX-125,
`
`, dated September 2016.
`
`Attached as Exhibit 2 hereto is a true and correct copy of PX-130,
`
`Attached as Exhibit 3 hereto is a true and correct copy of portions of PX-085,
`
`, dated August 2015.
`
`Z995L Zmax2 Schematic.
`
`- 1 -
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`MAXELL, LTD.,
`
`v.
`
`ZTE USA INC.,
`
`Plaintiff,
`
`Defendants.
`
`Case No. 5:16-cv-00179-RWS
`
`JURY TRIAL DEMANDED
`
`DECLARATION OF CLARK BAKEWELL IN SUPPORT OF
`PLAINTIFF MAXELL, LTD.’S RESPONSE TO DEFENDANT ZTE (USA), INC.’S
`RULE 50 MOTION FOR JUDGMENT AS A MATTER OF LAW AND MOTION FOR A
`NEW TRIAL PURSUANT TO FEDERAL RULE 59
`
`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 Hac 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.
`
`4.
`
`5.
`
`Attached as Exhibit 1 hereto is a true and correct copy of PX-125,
`
`, dated September 2016.
`
`Attached as Exhibit 2 hereto is a true and correct copy of PX-130,
`
`Attached as Exhibit 3 hereto is a true and correct copy of portions of PX-085,
`
`, dated August 2015.
`
`Z995L Zmax2 Schematic.
`
`- 1 -
`
`
`
`Case 5:16-cv-00179-RWS Document 292-1 Filed 08/28/18 Page 2 of 6 PageID #: 18864
`
`6.
`
`Attached as Exhibit 4 hereto is a true and correct copy of portions of PDX-029,
`
`Demonstrative Presentation of Dr. Phinney’s Direct Testimony.
`
`7.
`
`Attached as Exhibit 5 hereto is a true and correct copy of PX-089, Zmax2 Bill of
`
`Materials Parts List.
`
`8.
`
`9.
`
`Attached as Exhibit 6 hereto is a true and correct copy of PX-092,
`
`.
`
`Attached as Exhibit 7 hereto is a true and correct copy of PDX-026,
`
`Demonstrative Powerpoint of Testimony of Dr. Caloyannides.
`
`10.
`
`Attached as Exhibit 8 hereto is a true and correct copy of PX-102, ZTE Website
`
`for Axon 7, dated November 11, 2017.
`
`11.
`
`Attached as Exhibit 9 hereto is a true and correct copy of PX-103, ZTE Website
`
`for Axon 7, dated April 26, 2018.
`
`12.
`
`Attached as Exhibit 10 hereto is a true and correct copy of PX-106, ZTE Max
`
`Duo LTE, dated December 12, 2017.
`
`13.
`
`Attached as Exhibit 11 hereto is a true and correct copy of portions of PX-343,
`
`Max Duo Lte User Manual.
`
`14.
`
`Attached as Exhibit 12 hereto is a true and correct copy of portions of DX-403,
`
`.
`
`15.
`
`Attached as Exhibit 13 hereto is a true and correct copy of PX-120, Drawings
`
`prepared at V. Madisetti Deposition (Exhibits 9-12 to Madisetti Deposition).
`
`16.
`
`Attached as Exhibit 14 hereto is a true and correct copy of PX-101, ZTE Axon 7
`
`User Manual.
`
`- 2 -
`
`
`
`Case 5:16-cv-00179-RWS Document 292-1 Filed 08/28/18 Page 3 of 6 PageID #: 18865
`
`17.
`
`Attached as Exhibit 15 hereto is a true and correct copy of PX-115, Axon 7
`
`Screenshots.
`
`18.
`
`Attached as Exhibit 16 hereto is a true and correct copy of PX-109,
`
`19.
`
`Attached as Exhibit 17 hereto is a true and correct copy of PX-110,
`
`.
`
`.
`
`20.
`
`Attached as Exhibit 18 hereto is a true and correct copy of PX-062, Amended
`
`Exhibit A to Defendant ZTE (USA) Inc.’s Fifth Supplemental Responses and Objections to
`
`Plaintiff’s First Set of Interrogatories (Nos. 1-19), dated December 2, 2017.
`
`21.
`
`Attached as Exhibit 19 hereto is a true and correct copy of DX-225, AIDA64
`
`utility Report on ZTE Axon 7 (Exhibit 18 to Mansoorian Expert Report re Non-infringement,
`
`dated February 2, 2018).
`
`22.
`
`Attached as Exhibit 20 hereto is a true and correct copy of DX-226, AIDA64
`
`utility Report on ZTE Duo Max LTE (Exhibit 19 to Mansoorian Expert Report re Non-
`
`infringement dated February 2, 2018).
`
`23.
`
`Attached as Exhibit 21 hereto is a true and correct copy of PX-169,
`
`.
`
`24.
`
`Attached as Exhibit 22 hereto is a true and correct copy of Dispositive Motion
`
`Hearing, dated May 10, 2018.
`
`25.
`
`Attached as Exhibit 23 hereto is a true and correct copy of PX-168, Developer
`
`Network Website – How to Use FastRPC to Offload from CPU to Qualcomm Hexagon DSP.
`
`- 3 -
`
`
`
`Case 5:16-cv-00179-RWS Document 292-1 Filed 08/28/18 Page 4 of 6 PageID #: 18866
`
`26.
`
`Attached as Exhibit 24 hereto is a true and correct copy of portions of DX-194,
`
`Demonstrative Presentation of the Direct Examination of Dr. Ding.
`
`27.
`
`Attached as Exhibit 25 hereto is a true and correct copy of PX-086, ZTE
`
`Technical Specifications and Description of LTE/WCDMA/GSM Tri-Mode Digital Mobile
`
`Phone – Z955L Handset.
`
`28.
`
`Attached as Exhibit 26 hereto is a true and correct copy of PX-084, Z955L Zmax2
`
`Block Diagram.
`
`29.
`
`Attached as Exhibit 27 hereto is a true and correct copy of PX-087, ZTE Z955L
`
`LTE Mobile Phone After-sales Service Manual (Level 1) Version 1.0.
`
`30.
`
`Attached as Exhibit 28 hereto is a true and correct copy of portions of PX-093,
`
`.
`
`31.
`
`Attached as Exhibit 29 hereto is a true and correct copy of portions of PX-079,
`
`.
`
`32.
`
`Attached as Exhibit 30 hereto is a true and correct copy of portions of DX-260,
`
`MIPI Alliance Specification for RF Front-End Control Interface (Exhibit 10 to Ding Expert
`
`Report re Non-Infringement, dated February 2, 2018).
`
`33.
`
`Attached as Exhibit 31 hereto is a true and correct copy of portions of PDX-042,
`
`Demonstrative Presentation of Direct Testimony of Carla Mulhern.
`
`34.
`
`Attached as Exhibit 32 hereto is a true and correct copy of portions of PX-065,
`
`Defendant ZTE (USA) Inc.’s Seventh Supplemental Responses and Objections to Plaintiff’s First
`
`Set of Interrogatories (Nos. 1-19), dated January 5, 2018.
`- 4 -
`
`
`
`Case 5:16-cv-00179-RWS Document 292-1 Filed 08/28/18 Page 5 of 6 PageID #: 18867
`
`35.
`
`Attached as Exhibit 33 hereto is a true and correct copy of PX-287, Licensing
`
`offer letters from Hitachi, Ltd. to potential licensees, dated June 10, 2013.
`
`36.
`
`Attached as Exhibit 34 hereto is a true and correct copy of PX-303,
`
`.
`
`37.
`
`Attached as Exhibit 35 hereto is a true and correct copy of portions of PX-293,
`
`.
`
`38.
`
`Attached as Exhibit 36 hereto is a true and correct copy of PX-289, List of Hitachi
`
`Maxell Patents, dated June 3, 2013.
`
`39.
`
`Attached as Exhibit 37 hereto is a true and correct copy of portions of PDX-030,
`
`Demonstrative Presentation of Mr. Kenji Nakamura.
`
`40.
`
`Attached as Exhibit 38 hereto is a true and correct copy of PX-299, Response of
`
`Hitachi Maxell to ZTE’s Letter received on February 15, 2015 regarding USP 6,748,317, dated
`
`June 18, 2015.
`
`41.
`
`Attached as Exhibit 39 hereto is a true and correct copy of portions of Carla
`
`Mulhern’s Expert Report and Appendices 2A-2C, dated January 12, 2018.
`
`42.
`
`Attached as Exhibit 40 hereto is a true and correct copy of the Non-Disclosure
`
`Agreement between Maxell and ZTE.
`
`43.
`
`Attached as Exhibit 41 hereto is a true and correct copy of an Email from Kristin
`
`D’Andrea to Sarah O’Connell exchanging demonstratives, dated June 21, 2018.
`
`44.
`
`Attached as Exhibit 42 hereto is a true and correct copy of an Email from Sarah
`
`O’Connell to Aisha Haley regarding Objections to Carla Mulhern’s Demonstratives, dated June
`
`22, 2018.
`
`- 5 -
`
`
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`Case 5:16-cv-00179-RWS Document 292-1 Filed 08/28/18 Page 6 of 6 PageID #: 18868
`
`45.
`
`Attached as Exhibit 43 hereto is a true and correct copy of portions of DX-390,
`
`Demonstrative Presentation of Direct Testimony of Patrick F. Kennedy.
`
`46.
`
`Attached as Exhibit 44 hereto is a true and correct copy of PX-230, Agreement
`
`between
`
`.
`
`47.
`
`I hereby declare under penalty of perjury that the foregoing statements are true
`
`and accurate to the best of my knowledge, information, and belief.
`
`Executed on August 24, 2018
`
`Clark S. Bakewell
`
`_____
`
`- 6 -
`
`
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