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Case 5:19-cv-00036-RWS Document 333 Filed 05/19/20 Page 1 of 3 PageID #: 10502
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`MAXELL, LTD.,
`
`
`
`Plaintiff
`
`Civil Action NO. 5:19-cv-00036-RWS
`
`v.
`
`APPLE INC.,
`
`JURY TRIAL DEMANDED
`
`
`
`
`Defendant.
`
`
`
`
`
`APPLE INC.’S NOTICE OF SUPPLEMENTAL FACTS IN SUPPORT
`OF APPLE’S RENEWED MOTION TO COMPEL LICENSING AND
`NEGOTIATION DOCUMENTS AND FOR SANCTIONS D.I. 254
`
`In opening expert reports, Maxell continues to selectively rely “on Hitachi evidence for
`
`its benefit, while denying Apple the full picture of discovery into Hitachi it is owed.” D.I. 254 at
`
`6, 7; see also D.I. 156 at 3; Exhibit 1 (excerpts from Maxell damages expert report at ¶¶ 87-96,
`
`103-113, 115-116, 119-122, 127, 134-140, 145-146). “[B]ecause discovery is now closed, Apple
`
`cannot depose
`
` or seek third party discovery from Hitachi and Maxell’s
`
`. Thus, Apple seeks an order precluding Maxell from relying on
`
`evidence from Hitachi and Hitachi employees.” D.I. 254 at 7.
`
`
`
`
`
`May 15, 2020
`
`
`/s/ Luann L. Simmons
`
`
`
`Luann L. Simmons (Pro Hac Vice)
`lsimmons@omm.com
`O’MELVENY & MYERS LLP
`Two Embarcadero Center
`28th Floor
`San Francisco, CA 94111
`Telephone: 415-984-8700
`Facsimile: 415-984-8701
`
`Xin-Yi Zhou (Pro Hac Vice)
`
`1
`
`

`

`Case 5:19-cv-00036-RWS Document 333 Filed 05/19/20 Page 2 of 3 PageID #: 10503
`
`
`vzhou@omm.com
`O’MELVENY & MYERS LLP
`400 S. Hope Street
`Los Angeles, CA 90071
`Telephone: 213-430-6000
`Facsimile: 213-430-6407
`
`Marc J. Pensabene (Pro Hac Vice)
`mpensabene@omm.com
`Laura Bayne Gore (Pro Hac Vice)
`lbayne@omm.com
`O’MELVENY & MYERS LLP
`Times Square Tower, 7 Times Square
`New York, NY 10036
`Telephone: 212-326-2000
`Facsimile: 212-326-2061
`
`Melissa R. Smith (TX #24001351)
`melissa@gilliamsmithlaw.com
`GILLIAM & SMITH, LLP
`303 South Washington Avenue
`Marshall, Texas 75670
`Telephone: (903) 934-8450
`Facsimile: (903) 934-9257
`
`Attorneys for Defendant Apple Inc.
`
`
`2
`
`
`
`
`
`

`

`Case 5:19-cv-00036-RWS Document 333 Filed 05/19/20 Page 3 of 3 PageID #: 10504
`Case 5:19-cv-00036-RWS Document 333 Filed 05/19/20 Page 3 of 3 PageID #: 10504
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that all counsel of record who are deemed to have
`
`consented to electronic service are being served with a copy of this docmnent via the Coufl's
`
`CM/ECF system per Local Rule CV—5(a)(3) on May 15, 2020.
`
`/s/ Melissa R. Smith
`
`Melissa R. Smith
`
`

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