`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`MAXELL, LTD.,
`
`Plaintiff,
`
`
`
`
`
`
`
`vs.
`
`APPLE INC.,
`
`
`
`Defendant.
`
`
`
`
`
` Civil Action No. 5:19-cv-00036-RWS
`
`JURY TRIAL DEMANDED
`
`
`
`DECLARATION OF LUANN SIMMONS IN SUPPORT OF
`DEFENDANT APPLE INC.’S REPLY IN SUPPORT OF MOTION FOR LEAVE TO
`SUPPLEMENT INVALIDITY CONTENTIONS
`
`I, Luann L. Simmons, hereby declare as follows:
`
`1.
`
`I am an attorney at the law firm of O’Melveny & Myers LLP, counsel for Apple
`
`Inc. (“Apple”) in the above-referenced matter filed by Maxell, Ltd. (“Maxell”). I have personal
`
`knowledge of the facts stated herein and if called to testify could and would testify thereto.
`
`2.
`
`On July 10, 2019, Maxell produced 3,774 documents, totaling 193,586 pages.
`
`Within this production, 263 documents (8,400 pages) are labeled with two different production
`
`numbers—one production number that is consistent with the numbers used by Maxell in this case
`
`(i.e., with a “MAXELL_APPLE” prefix), and a second production number with an “ASUS-MAX”
`
`prefix.
`
`3.
`
`Attached as Exhibit 1 is a true and correct copy of a 17-page document from
`
`Maxell’s
`
`July
`
`10,
`
`2019
`
`production
`
`labeled with
`
`(a)
`
`production
`
`numbers
`
`MAXELL_APPLE0190983 through MAXELL_APPLE190999 and (b) production numbers
`
`ASUS-MAX00019058 through ASUS-MAX00019074.
`
`
`
`
`
`Case 5:19-cv-00036-RWS Document 159-1 Filed 12/06/19 Page 2 of 2 PageID #: 6209
`
`
`4.
`
`On November 18, 2019, pursuant to the Court’s Order Focusing Patent Claims and
`
`Prior Art to Reduce Costs (D.I. 44) and Docket Control Order (D.I. 46), Apple served its
`
`preliminary election of prior art. Apple selected seven prior references for U.S. Patent No.
`
`8,339,493, of which two are product prior art references. One of the two product prior art
`
`references selected by Apple is Casio QV-8000SX digital camera (the “Casio Camera”).
`
`I declare under the penalty of perjury that the foregoing is true and correct. Executed in
`
`New York, New York, on this 6th day of December, 2019.
`
`
`
`
`
`
`/s/ Luann L. Simmons
`Luann L. Simmons
`
`
`
`
`
`
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