`
`
`MAXELL, LTD.,
`
`v.
`APPLE INC.,
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`
`Plaintiff,
`
`Defendant.
`
`Case No. 5:19-cv-00036-RWS
`JURY TRIAL DEMANDED
`FILED UNDER SEAL
`
`
`
`DECLARATION OF TIFFANY A. MILLER IN SUPPORT OF
`MAXELL, LTD.’S OPPOSITION TO APPLE’S MOTION TO COMPEL
`
`
`I, Tiffany A. Miller, hereby declare and state as follows:
`1.
`I am an attorney at Mayer Brown LLP, counsel for Plaintiff Maxell, Ltd. in the
`above-captioned lawsuit. I submit this declaration in support of Maxell’s Opposition to Apple
`Inc.’s Motion to Compel Licensing and Negotiation Documents. 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.
`On September 11, 2019, Mayer Brown sent, on behalf of Maxell, the letter at
`Exhibit A to Satoshi Matsuo at Hitachi, Ltd. requesting documents sought by Apple. Hitachi did
`not respond to Mayer Brown or Maxell regarding this request.
`3.
`I understand that, following the transfer of the smartphone patent portfolio from
`Hitachi Consumer Electronics Co., Ltd. to Hitachi Maxell, Ltd. (HMX), Hitachi, Ltd. appointed
`one of its employees, Satoshi Matsuo, to work with HMX for a time following the assignment,
`and to assist HMX’s efforts in licensing the smartphone portfolio. I further understand that such
`appointment ended in 2018.
`4.
`The below is a true and accurate excerpt from Maxell Holdings, Ltd. Integrated
`Report 2019 (available at https://www2.maxell.co.jp/ir/pdf/MHD_IR19_E.pdf):
`
`
`
`1
`
`
`
`
`
`Case 5:19-cv-00036-RWS Document 170-1 Filed 12/23/19 Page 2 of 4 PageID #: 7636
`
`
`5.
`The below is a true and accurate excerpt of Maxell’s response to Apple’s
`Interrogatory No. 19, as served on July 29, 2019:
`
`
`
`
`
`
`
`
`
`6.
`The below is a true and accurate excerpt from a letter sent from Maxell counsel to
`Apple counsel on August 19, 2019:
`
`
`
`7.
`
`
`8.
`The below are true and accurate excerpts from Maxell Holdings, Ltd. Integrated
`Report 2019 (https://www2.maxell.co.jp/ir/pdf/MHD_IR19_E.pdf) and Hitachi Ltd. Integrated
`Report 2019 (https://www.hitachi.com/IR-e/library/integrated/2019/ar2019e.pdf):
`
`
`
`
`
`
`
`2
`
`
`
`Case 5:19-cv-00036-RWS Document 170-1 Filed 12/23/19 Page 3 of 4 PageID #: 7637
`
`
`Maxell Holdings, Ltd. Integrated Report
`
`
`Hitachi, Ltd. Integrated Report
`
`
`
`
`3
`
`
`
`
`
`
`
`Case 5:19-cv-00036-RWS Document 170-1 Filed 12/23/19 Page 4 of 4 PageID #: 7638
`
`
`
`
` 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 December 19, 2019 in
`Washington, D.C.
`
`Dated: December 19, 2019
`
`
`
`
`
`By:
`
`_______________________
`
`
`
`
`
`
`
`Tiffany A. Miller
`
`4
`
`
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
