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`MAXELL, LTD.,
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`v.
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`APPLE INC.,
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
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`Plaintiff,
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`Case No. 5:19-cv-00036-RWS
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`JURY TRIAL DEMANDED
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`Defendant.
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`DECLARATION OF SAQIB J. SIDDIQUI IN SUPPORT OF MAXELL’S OPPOSITION
`TO APPLE’S RENWED MOTION TO COMPEL INFRINGEMENT CONTENTIONS
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`I, Saqib J. Siddiqui, hereby declare and state as follows:
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`1.
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`I am an attorney at Mayer Brown LLP, counsel for Maxell, Ltd. (“Maxell”) in the
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`above-captioned lawsuit. I have personal knowledge of the statements herein, and, if called to do
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`so, I could and would testify competently as to the same.
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`2.
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`Maxell has deposed several Apple engineers regarding produced Apple source
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`code. When questioned regarding particular source code projects, which are at a higher level than
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`the files cited in Maxell’s SSICs,
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`, as shown in the following excerpts:
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`PUBLIC VERSION
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`Case 5:19-cv-00036-RWS Document 302-1 Filed 04/30/20 Page 2 of 5 PageID #: 10242
`Case 5:19-cv-00036—RWS Document 302-1 Filed 04/30/20 Page 2 of 5 PageID #: 10242
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`PUBLIC VERSION
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`PUBLIC VERSION
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`Case 5:19-cv-00036-RWS Document 302-1 Filed 04/30/20 Page 3 of 5 PageID #: 10243
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`3.
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`Apple produced source code on at least and March 10, 13, 18, and April 6, 2020.
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`Apple also produced documents that aid in the understanding of code following Maxell’s service
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`of its SSICs, such as
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` (produced on
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`March 31 and April 17, 2020). Apple still has not produced source code for
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`During a meet and confer held on April 2, 2020, Apple’s counsel stated the following:
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`4.
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`The following is a true and correct excerpt of Maxell’s SSICs for element 5(e) of
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`the ’493 Patent:
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`.
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`5.
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`The following is a true and correct excerpt of Maxell’s SSICs for element 5(d) of
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`the ’493 Patent:
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`6.
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`The following is a true and correct excerpt of Maxell’s SSICs for element 1(f) of
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`the ’794 Patent:
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`PUBLIC VERSION
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`Case 5:19-cv-00036-RWS Document 302-1 Filed 04/30/20 Page 4 of 5 PageID #: 10244
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`7.
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`The following chart contains the claim language for claim elements 1(d), 5(e), and
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`10(f) of the ’493 Patent:
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`1(d): wherein during
`monitoring in a static image
`mode, the signal processing
`unit generates the image
`signals by mixing or culling
`signal charges accumulated in
`the N number of vertically
`arranged pixel lines to provide
`pixel lines only at pixel
`intervals of K1 pixels;
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`5(e): wherein when monitoring
`the image in the static image
`mode, the signal processing unit
`generates the image signals by
`using pixel lines that have been
`mixed or culled from the N
`number of vertically arranged
`pixel lines to only include pixel
`lines separated from one
`another by intervals of a first
`distance; and
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`10(f): upon selecting the operation of
`monitoring the image in the static
`image mode, using the signal
`processing unit to generate the image
`signals by using pixel lines which
`have been mixed or culled from the
`N number of vertically arranged
`pixel lines of the image sensing
`device to provide only pixel lines
`separated from one another by
`intervals of a [first] distance; and
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`8.
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`The following exchange was held during a 3/31/20 meet and confer:
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`MR. BEABER: Louann, a quick question. Does Apple have anything internal that they
`either have used in the past or would be willing to use? Since I think it sounds like the
`preference is an Apple platform, I'm just wondering, Apple is a high-tech company, do
`they have any proposed solutions that maybe you can propose to us instead of us trying
`to find other options and spending a lot of time and resources and not knowing whether,
`you know, they are acceptable to Apple?
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`MS. SIMMONS: T
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`9.
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`At deposition, Apple engineers testified that t
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`. For example, on 4/17/20, Apple’s designee
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` testified:
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`PUBLIC VERSION
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`Case 5:19-cv-00036-RWS Document 302-1 Filed 04/30/20 Page 5 of 5 PageID #: 10245
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`10.
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`The following is a true and correct excerpt of a letter received from Apple’s
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`counsel, Marc Pensabene, on April 27, 2020:
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`I declare under penalty of perjury under the laws of the United States of America that the
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`above is true and correct and that this Declaration was executed on April 28, 2020 in
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`Washington, D.C.
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`Dated: April 28, 2020
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`By:
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`_______________________
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`Saqib J. Siddiqui
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`5
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`PUBLIC VERSION
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