`
`
`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 RESPONSE TO MOTION FOR SANCTIONS
`
`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 1 are true and correct copies of excerpts to the transcript to the
`
`Meet and Confer Teleconference, dated March 3, 2020.
`
`3.
`
`Attached as Exhibit 2 is a true and correct copy of correspondence to Tony Beasley
`
`from Jamie Beaber, dated September 24, 2019.
`
`4.
`
`Attached as Exhibit 3 is a true and correct copy of correspondence to Jamie Beaber
`
`from Tony Beasley, dated October 2, 2019.
`
`5.
`
`Attached as Exhibit 4 is a true and correct copy of an email thread to Tripp Fussell
`
`from Tony Beasley, dated September 4, 2019.
`
`6.
`
`Attached as Exhibit 5 is a true and correct copy of correspondence to Tony Beasley
`
`from Jamie Beaber, dated December 18, 2019.
`
`
`
`
`
`Case 5:19-cv-00036-RWS Document 238-1 Filed 03/23/20 Page 2 of 2 PageID #: 9287
`
`
`7.
`
`Attached as Exhibit 6 is a true and correct copy of correspondence to Jamie Beaber
`
`from Marc Pensabene, dated January 31, 2020.
`
`8.
`
`Attached as Exhibit 7 is a true and correct copy of correspondence to Marc
`
`Pensabene from Jamie Beaber, dated February 5, 2020.
`
`9.
`
`Attached as Exhibit 8 is a true and correct copy of an email to Tiffany Miller from
`
`Marc Pensabene, dated February 22, 2020.
`
`10.
`
`Attached as Exhibit 9 is a true and correct copy of an email thread to Tiffany Miller
`
`from Marc Pensabene, dated March 10, 2020.
`
`11.
`
`Attached as Exhibit 10 are true and correct copies of excerpts from Appendix 5 to
`
`Maxell’s Supplemental Infringement Contentions, served on October 15, 2019.
`
`12.
`
`Attached as Exhibit 11 are true and correct copies of excerpts from Appendix 4A
`
`to Maxell’s Supplemental Infringement Contentions, served on October 15, 2019.
`
`13.
`
`Attached as Exhibit 12 are true and correct copies of excerpts Appendix 9 to
`
`Maxell’s Supplemental Infringement Contentions, served on October 15, 2019.
`
`14.
`
`Attached as Exhibit 13 are true and copies of excerpts to the transcript to the motion
`
`hearing, dated January 8, 2020.
`
` declare under the penalty of perjury that the foregoing is true and correct. Executed in
`
` I
`
`San Francisco, California, on this 19th day of March, 2020.
`
`
`
`
`
`
`
`
`
`
`
`/s/ Luann L. Simmons
`Luann L. Simmons
`
`
`
`
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