`
`
`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 RESPONSIVE CLAIM CONSTRUCTION BRIEF
`
`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 this matter filed by Maxell, Ltd. (“Maxell”). I have personal knowledge of the
`
`facts stated herein and if called to testify could and would competently testify thereto.
`
`2.
`
`Attached as Exhibit A is a true and correct copy of the Expert Declaration of Dr.
`
`Daniel Menasce (“Menasce Decl.”).
`
`3.
`
`Attached as Exhibit B is a true and correct copy of the Expert Declaration of Dr.
`
`Benjamin Bederson (“Bederson Decl.”).
`
`4.
`
`Attached as Exhibit C is a true and correct copy of the Expert Declaration of Dr.
`
`Alan Bovik (“Bovik Decl.”).
`
`5.
`
`Attached as Exhibit D is a true and correct copy of the Expert Declaration of Dr.
`
`Joseph Paradiso (“Paradiso Decl.”).
`
`6.
`
`Attached as Exhibit E are true and correct copies of excerpts from the Deposition
`
`Transcript of Dr. Michael Brogioli (“Brogioli Dep. Tr.”)
`
`
`
`
`
`Case 5:19-cv-00036-RWS Document 161-1 Filed 12/09/19 Page 2 of 3 PageID #: 6291
`
`
`7.
`
`Attached as Exhibit F are true and correct copies of excerpts from the Deposition
`
`Transcript of Dr. Robert Maher (“Maher Dep. Tr.”).
`
`8.
`
`Attached as Exhibit G are true and correct copies of excerpts from the Deposition
`
`Transcript of Dr. Tim Williams (“Williams Dep. Tr.”).
`
`9.
`
`Attached as Exhibit H are true and correct copies of excerpts from the Deposition
`
`Transcript of Dr. Vijay Madisetti (“Madisetti Dep. Tr.”).
`
`10.
`
`Attached as Exhibit I are true and correct copies of excerpts from the Deposition
`
`Transcript of Dr. Craig Rosenberg (“Rosenberg Dep. Tr.”).
`
`11.
`
`Attached as Exhibit J are true and correct copies of excerpts from the Deposition
`
`Transcript of Dr. Daniel Menasce (“Menasce Dep. Tr.”).
`
`12.
`
`Attached as Exhibit K are true and correct copies of excerpts from the Deposition
`
`Transcript of Dr. Alan Bovik (“Bovik Dep. Tr.”).
`
`13.
`
`Attached as Exhibit L are true and correct copies of excerpts from the Deposition
`
`Transcript of Dr. Joseph Paradiso (“Paradiso Dep. Tr.”).
`
`14.
`
`Attached as Exhibit M is a true and correct copy of an excerpt from the file history
`
`for U.S. Patent No. 10,084,991 produced with production numbers MAXELL_APPLE0001734
`
`through MAXELL_APPLE001824. Exhibit M includes the original application filed on
`
`December 11, 2017.
`
`15.
`
`Attached as Exhibit N is a true and correct copy of an excerpt from the file history
`
`for U.S. Patent No. 10,084,991 including an Amendment Under 37 CFR § 1.312 dated July 24,
`
`2018,
`
`produced with
`
`production
`
`numbers MAXELL_APPLE0001608
`
`through
`
`MAXELL_APPLE0001610.
`
`
`
`
`
`Case 5:19-cv-00036-RWS Document 161-1 Filed 12/09/19 Page 3 of 3 PageID #: 6292
`
`
`16.
`
`Attached as Exhibit O is a true and correct copy of an excerpt from the file history
`
`for U.S. Patent No. 8,339,493 including a Non-Final Office Action dated March 14, 2012,
`
`produced with production numbers MAXELL_00001452 through MAXELL_0001461.
`
`17.
`
`Attached as Exhibit P is a true and correct copy of an excerpt from the file history
`
`for U.S. Patent No. 8,339,493, including a Non-Final Office Action dated March 14, 2012,
`
`produced
`
`with
`
`production
`
`numbers
`
`MAXELL_APPLE0001434
`
`through
`
`MAXELL_APPLE0001444.
`
`18.
`
`Attached as Exhibit Q is a true and correct copy of Patent Owner’s Preliminary
`
`Response to Petition for Inter Partes Review of U.S. Patent No. 6,430,498 for IPR2019-00071,
`
`dated January 22, 2019, produced with production numbers MAXELL_APPLE0137470 through
`
`MAXELL_APPLE0137539.
`
`19.
`
`Attached as Exhibit R is a true and correct copy of the Decision Denying Institution
`
`of Inter Partes Review for IPR2019-00071, dated March 14, 2019, produced with production
`
`numbers MAXELL_APPLE0137540 through MAXELL_APPLE0137552.
`
` declare under the penalty of perjury that the foregoing is true and correct. Executed in
`
` I
`
`San Francisco, California, on this 9th day of December, 2019.
`
`
`
`
`/s/ Luann L. Simmons
`Luann L. Simmons
`
`
`
`
`
`
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
