Case 5:19-cv-00036-RWS Document 130-1 Filed 11/14/19 Page 1 of 3 PageID #: 5405
`Case 5:19-cv-OOO36-RWS Document 130-1 Filed 11/14/19 Page 1 of 3 PageID #: 5405
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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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`v.
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`APPLE INC.,
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`Plaintiff
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`Civil Action NO. 5:19—ov—00036-RWS
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`JURY TRIAL DEMANDED
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`Defendant.
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`
`DECLARATION OF JOHN GIBSON
`IN SUPPORT OF APPLE’S MOTION FOR LEAVE
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`

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`Case 5:19-cv-00036-RWS Document 130-1 Filed 11/14/19 Page 2 of 3 PageID #: 5406
`Case 5:19-cv-OOO36-RWS Document 130-1 Filed 11/14/19 Page 2 of 3 PageID #: 5406
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`I, John Gibson, declare as follows:
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`1.
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`I am employed as a technical analyst at the law firm of Erise LP, P.A., an
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`intellectual property law firm retained by Apple Inc. I have personal knowledge of the facts set
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`forth in this declaration, if called to testify as a witness, could and w0uld do so under oath.
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`2.
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`I have investigated prior art relevant to patents asserted in the above-referenced
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`case under the direction of counsel at Erise 1P.
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`3.
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`In the context of my investigation into relevant prior art, on or around October 16,
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`2019, I found a German website of a digital camera enthusiast, http://digitalkameramuseumde,
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`that contains information about certain models of digital cameras sold between 1973 and 2003.
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`This website contains information about well over a hundred digital camera models released
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`before January 2000.
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`4.
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`Over the course of the next several days, I reviewed the descriptions of many
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`digital cameras listed on the http://digitalkameramuseumde website to identify candidate
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`products that may be relevant to US. Patent No. 8,3 39,493 (the “’493 Patent”) for further
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`investigation and analysis. By October 22, 2019, I narrowed the candidate products to about two
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`to three dozen products based on the descriptions on the website. Because these descriptions on
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`the website did not provide me sufficient details to analyze the cameras against the claims of the
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`‘493 Patent, I was unable to determine from the website alone which products, if any, would
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`warrant further investigation and analysis.
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`5.
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`Starting on October 22, 2019, I began to search for the product manuals and any
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`other publicly~available technical information for each of the narrowed list of product candidates
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`1 identified. This was a time-consuming effort because manufacturers stopped selling these
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`products years ago, and product specifications and literature were often difficult to find.
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`

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`Case 5:19-cv-00036-RWS Document 130-1 Filed 11/14/19 Page 3 of 3 PageID #: 5407
`CaSe 5:19-cv-OOO36-RWS Document 130-1 Filed 11/14/19 Page 3 of 3 PageID #: 5407
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`6.
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`From October 23 through October 25, 2019, I reviewed numerous digital camera
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`manuals, including a copy of the user’s manual for the Casio QV-SDOOSX digital camera (the
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`“Casio Camera”). As part of this review, I determined on or about October 25 that the user’s
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`manual for the Casio Camera appear to include technical information relevant to the claims of
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`the ’493 Patent, and began to work with counsel at Erise IP to investigate the relevance of the
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`Casio Camera to the claims of the ’493 Patent.
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`_
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`I declare under penalty of perjury under the laws of the United States that the foregoing is
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`true and correct.
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`Executed on November 14, 2019, in Topeka, Kansas.
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`\
`
`R
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`John Gibson
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`