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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
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`MAXELL, LTD.,
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`Plaintiff,
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`vs.
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`APPLE INC.,
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`Defendant.
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` Civil Action No. 5:19-cv-00036-RWS
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`JURY TRIAL DEMANDED
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`DECLARATION OF LUANN SIMMONS IN SUPPORT OF
`DEFENDANT APPLE INC.’S MOTION TO COMPEL INFRINGEMENT
`CONTENTIONS
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`I, Luann L. Simmons, hereby declare as follows:
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`1.
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`I am an attorney at the law firm of O’Melveny & Myers LLP, counsel for Apple,
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`Inc. (“Apple”) in this matter filed by Maxell, Ltd. (“Maxell”). I have personal knowledge of the
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`facts stated herein and if called to testify could and would competently testify thereto.
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`2.
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`Attached as Exhibit A are excerpts of a true and correct copy of Plaintiff Maxell,
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`Ltd.’s Patent Rule 3-1 and 3-2 Disclosure of Asserted Claims and Infringement Contentions
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`Against Defendant Apple Inc. and Appendixes, served June 12, 2019.
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`3.
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`Attached as Exhibit B are excerpts of a true and correct copy of Plaintiff Maxell,
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`Ltd.’s First Supplemental Patent Rule 3-1 and 3-2 Disclosure of Asserted Claims and Infringement
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`Contentions Against Defendant Apple Inc., Appendix 3 (U.S. Patent No. 8,339,493), served
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`October 15, 2019.
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`4.
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`Attached as Exhibit C are excerpts of a true and correct copy of Plaintiff Maxell,
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`Ltd.’s First Supplemental Patent Rule 3-1 and 3-2 Disclosure of Asserted Claims and Infringement
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` 1
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`Case 5:19-cv-00036-RWS Document 129-1 Filed 11/14/19 Page 2 of 5 PageID #: 5389
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`Contentions Against Defendant Apple Inc., Appendix 6 (U.S. Patent No.10,084,991), served
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`October 15, 2019.
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`5.
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`Excerpts of J. Beaber Letter titled “Maxell, Ltd. v. Apple Inc., Case No. 5:19-cv-
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`00036-RWS (E.D. Tex.),” dated September 24, 2019:
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`6.
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`Apple requested that Maxell correct its Supplemental Infringement Contentions by
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`letter dated October 18, 2019. Maxell refused by letter dated October 28, 2019. The parties met
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`and conferred on November 4, 2019.
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`I declare under the penalty of perjury that the foregoing is true and correct. Executed in
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`San Francisco, California, on this 12th day of November, 2019.
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`/s/ Luann L. Simmons
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`Luann L. Simmons
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` 2
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`Case 5:19-cv-00036-RWS Document 129-1 Filed 11/14/19 Page 3 of 5 PageID #: 5390
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`Appendix A
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`Excerpts of Maxell’s Original P.R. 3-1 and 3-2 Infringement Contentions:
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` 3
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`Case 5:19-cv-00036-RWS Document 129-1 Filed 11/14/19 Page 4 of 5 PageID #: 5391
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`Appendix B
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`Excerpts of Maxell’s Supplemental Infringement Contentions, Appendix 3:
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` 4
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`Case 5:19-cv-00036-RWS Document 129-1 Filed 11/14/19 Page 5 of 5 PageID #: 5392
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`Appendix C
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`Excerpts of Maxell’s Supplemental Infringement Contentions, Appendix 6:
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