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Case 5:19-cv-00036-RWS Document 267-1 Filed 04/07/20 Page 1 of 2 PageID #: 9854
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`
`Plaintiff,
`
`Case No. 5:19-cv-00036-RWS
`
`JURY TRIAL DEMANDED
`
`FILED UNDER SEAL
`
`
`
`
`MAXELL, LTD.,
`
`v.
`
`APPLE INC.,
`
`Defendant.
`
`
`
`DECLARATION OF TIFFANY A. MILLER IN SUPPORT OF
`MAXELL, LTD.’S OPPOSITION TO APPLE INC.’S MOTION TO STAY PENDING
`DETERMINATION OF INTER PARTES REVIEW OF THE PATENTS-IN-SUIT
`
`
`I, Tiffany A. Miller, 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 Stay Pending Determination of Inter Partes
`
`Review of the Patents-in-Suit. 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.
`
`Attached as Exhibit A is a true and correct excerpt from Apple’s Petition for Inter
`
`Partes Review of U.S. Patent No. 6,928,306 (IPR2020-00204, Paper 1), filed December 20,
`
`2019.
`
`3.
`
`Attached as Exhibit B is a true and correct copy of the document entitled “Median
`
`Time to Disposition in Cases Terminated After Hearing or Submission,” made available by the
`
`Federal
`
`Circuit
`
`at:
`
`http://www.cafc.uscourts.gov/sites/default/files/the-
`
`court/statistics/06_Med_Disp_Time_MERITS_table_Final.pdf (last accessed April 6, 2020).
`
`
`
`1
`
`

`

`Case 5:19-cv-00036-RWS Document 267-1 Filed 04/07/20 Page 2 of 2 PageID #: 9855
`
`
`from Apple’s Petition for Inter Partes Review of U.S. Patent No. 6,928,306 (IPR2020-00204,
`
`Paper 1), filed December 20, 2019.
`
`4.
`
`Attached as Exhibit C is a true and correct copy of Lex Machina’s Patent Trial
`
`and Appeal Board Statistics for trial listing Hitachi Maxell, Ltd. or Maxell, Ltd. as the patent
`
`Owner, which contains data valid as of April 1, 2020. This document was retrieved from Lex
`
`Machina’s website on April 2, 2020.
`
`5.
`
`The below chart represents the claims challenged by Apple in each of the IPRs it
`
`filed against a Patent-in-Suit.
`
`Patent
`IPR
`IPR2020-00199 U.S. Patent No. 6,329,794
`IPR2020-00200 U.S. Patent No. 10,084,991
`IPR2020-00201 U.S. Patent No. 7,116,438
`IPR2020-00202 U.S. Patent No. 10,212,586
`IPR2020-00203 U.S. Patent No. 6,408,193
`IPR2020-00204 U.S. Patent No. 6,928,306
`IPR2020-00407 U.S. Patent No. 6,748,317
`IPR2020-00408 U.S. Patent No. 6,430,498
`IPR2020-00409 U.S. Patent No. 6,580,999
`IPR2020-00597 U.S. Patent No. 8,339,493
`Total Number Challenged Claims
`
`
`Challenged Claims
`1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14
`1, 2, 3, 4, 5, 8, 9, 10, 11, 12
`1, 2, 3, 4, 5, 6, 7
`1, 2, 6, 7, 9, 10, 13, 14, 16, 17, 18
`1, 6, 7
`2, 5, 6, 12, 13, 14, 15
`1, 2, 3, 5, 10, 11, 12, 13, 14, 15, 17, 18
`1, 3, 4, 5, 7, 8, 9, 10, 11, 13
`1, 2, 3, 4, 5, 6
`1, 3, 4, 5, 6, 10, 11
`86
`
`
`
`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 April 7, 2020 in Washington,
`
`D.C.
`
`Dated: April 7, 2020
`
`
`
`By:
`
`_______________________
`
`
`
`
`
`
`
`Tiffany A. Miller
`
`2
`
`

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