`
`Exhibit A
`
`
`
`Case 5:19-cv-00036-RWS Document 149-1 Filed 12/02/19 Page 2 of 4 PageID #: 6156
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`MAXELL, LTD.,
`
`v.
`
`APPLE INC.,
`
`Plaintiff,
`
`Defendant.
`
`Case No. 5:19-cv-00036-RWS
`
`JURY TRIAL DEMANDED
`
`
`
`DECLARATION OF SAQIB J. SIDDIQUI IN SUPPORT OF
`MAXELL, LTD.’S OPPOSITION TO APPLE INC.’S MOTION TO COMPEL
`INFRINGEMENT CONTENTIONS COMPLIANT WITH PATENT RULE 3-1(G)
`OR, IN THE ALTERNATIVE, TO PRECLUDE MAXELL’S RELIANCE ON
`SOURCE CODE FOR INFRINGEMENT
`
`I, Saqib J. Siddiqui, hereby declare and state as follows:
`
`1.
`
`I am an attorney at Mayer Brown LLP, counsel for Plaintiff Maxell, Ltd.
`
`(“Maxell”) in the above-captioned lawsuit. I submit this declaration in support of Maxell’s
`
`Opposition to Apple Inc.’s (“Apple”) Motion to Compel Infringement Contentions Compliant
`
`with Patent Rule 3-1(g) or, in the Alternative, to Preclude Maxell’s Reliance on Source Code for
`
`Infringement. I have personal knowledge of the statements herein, and, if called to do so, I could
`
`and would testify competently as to the same.
`
`2.
`
`I am familiar with Apple’s source code production because I personally reviewed
`
`the production at the offices of O’Melveny & Myers LLP in San Francisco, California.
`
`3.
`
`Below is a table showing the relevant directories and source code percentages
`
`produced by Apple for each Asserted Patent. This table was compiled with the assistance of
`
`Maxell’s source code review experts and based on Apple’s representation that they produced
`
`1
`
`PUBLIC VERSION
`
`
`
`Case 5:19-cv-00036-RWS Document 149-1 Filed 12/02/19 Page 3 of 4 PageID #: 6157
`
`approximately 900,000 files of source code at the time Maxell served the Supplemental
`
`Infringement Contentions.
`
`Asserted
`Patent
`
`Citations Directories
`
`’193
`
`Only cited to directories including
`
`
`
`
`
`
`
`
`
`.
`Only cited source code files within
`
` directories. Specifically, citing
`to files describing
`
`
`
`Only cited source code files within
`
`
`
`
`directories. Specifically, citing to files describing
`
`
`
`
`
`’317/’999/’498
`Patents
`(walking
`navigation
`claims)
`
`’317/’999/’498
`Patents (friend
`finder claims)
`
`’438 Patent
`(AirDrop chart)
`
`’438 Patent
`(pairing)
`
`Approximate
`percentage of files cited
`including duplicate files
`across numerous
`versions
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` % of the
`produced source code
`
`% of the
`produced source code
`
`% of the
`produced source code
`
`
`
`% of the
`produced source code
`
`% of the
`produced source code
`
`% of the
`produced source code
`
`% of the
`produced source code
`
`
`
`Only cited source code files within
`directories. Specifically, citing to files describing
`
`
`Only cited source code files within
`
` directories. Specifically, citing to files
`describing
`
`
`’586 Patent
`
`
`Only cited source code files within
`
`’794 Patent
`
`
`
`
`
`
`directories. Specifically, citing to files describing
`
`
`
`2
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`directories. Specifically, citing to files describing
`s
`
`
`
`
`’991 Patent
`
`Only cited source code files
`within
`
`
`
`
`
`’493 Patent
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`directories. Specifically, citing to files describing
`
`
`
`
`
`
`
`
`% of the
`produced source code
`
`% of the
`produced source code
`
`% of the
`produced source code
`
`Case 5:19-cv-00036-RWS Document 149-1 Filed 12/02/19 Page 4 of 4 PageID #: 6158
`
`Approximate
`percentage of files cited
`including duplicate files
`across numerous
`versions
`
`
`
`
`
`Asserted
`Patent
`
`Citations Directories
`
`’306 Patent
`
`
`Only cited source code files within
`
`
`
`
`directories. Specifically, citing to files describing
`
`
`
`
`
`
`
`
`
`
`I declare under penalty of perjury under the laws of the United States of America that the
`
`above is true and correct and that this Declaration was executed on November 27, 2019 in
`
`Washington, D.C.
`
`_____________________
`By:
`
`Dated: November 27, 2019
` Saqib J. Siddiqui
`
`
`
`3
`
`
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