`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`MAXELL, LTD.,
`
`
`
`Plaintiff
`
`Civil Action NO. 5:19-cv-00036-RWS
`
`v.
`
`APPLE INC.,
`
`
`
`JURY TRIAL DEMANDED
`
`
`
`Defendant.
`
`
`
`DECLARATION OF LUANN SIMMONS
`IN SUPPORT OF APPLE’S MOTION FOR LEAVE
`
`
`
`
`
`Case 5:19-cv-00036-RWS Document 130-2 Filed 11/14/19 Page 2 of 3 PageID #: 5409
`
`
`I, Luann L. Simmons, declare as follows:
`
`1.
`
`I am a partner in the San Francisco office of O’Melveny & Myers LLP
`
`(“O’Melveny”), lead counsel of record for Defendant Apple Inc. (“Apple”) in the above-
`
`captioned matter. I have personal knowledge of the facts set forth in this declaration and, if
`
`called to testify as a witness, could and would do so under oath.
`
`2.
`
`Before Apple served its invalidity contentions on August 14, 2019, I supervised
`
`other attorneys at O’Melveny conducting extensive prior art searches for the patents asserted by
`
`Maxell, Ltd. (“Maxell”) in this litigation, including specifically searches for prior art for U.S.
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`Patent No. 8,339,493 (the “’493 Patent”).
`
`3.
`
`In addition to searches conducted by attorneys at O’Melveny, Apple also retained
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`the services of an intellectual property law firm, Erise IP, P.A. (“Erise IP”) to search for and
`
`analyze prior art relevant to this case, including prior art for the ’493 Patent.
`
`4.
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`Attorneys at O’Melveny also retained the services of several firms that specialize
`
`in prior art searches to search for prior art relevant to this litigation. A firm named theWise IP
`
`was retained to conduct a prior art search for the ’493 Patent. Information relating to the Casio
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`QV-8000SX digital camera (the “Casio Camera”) was not returned in the results of theWise IP
`
`prior art search.
`
`5.
`
`In its invalidity contentions served on August 14, 2019, Apple disclosed five prior
`
`art products for the ’493 Patent. The Casio Camera was not identified in Apple’s August 14
`
`invalidity contentions.
`
`6.
`
`The Casio Camera was first identified as potential prior art to the O’Melveny
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`team on October 30, 2019.
`
`7.
`
`Attached hereto as Exhibit A is a true and correct copy of an email sent by my
`
`1
`
`
`
`Case 5:19-cv-00036-RWS Document 130-2 Filed 11/14/19 Page 3 of 3 PageID #: 5410
`
`
`colleague at O’Melveny, Vincent Zhou, to counsel for Maxell on November 4, 2019 identifying
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`the Casio Camera as prior art and seeking to add it as asserted art in this case.
`
`8.
`
`Attached hereto as Exhibit B is a true and correct copy of the claim chart for the
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`Casio Camera sent to Maxell’s counsel on November 4, 2019.
`
`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 San Francisco, California.
`
`
`
`
`
` /s/ Luann L. Simmons
`Luann L. Simmons
`
`
`
`2
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