`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`MAXELL, LTD.,
`
`v.
`
`APPLE INC.,
`
`Plaintiff,
`
`Defendant.
`
`Case No. 5:19-cv-00036-RWS
`
`JURY TRIAL DEMANDED
`
`FILED UNDER SEAL
`
`DECLARATION OF ALISON T. GELSLEICHTER IN SUPPORT OF
`MAXELL, LTD.’S OPPOSED MOTION TO STRIKE PORTIONS OF
`DEFENDANT APPLE INC.’S OPENING EXPERT REPORTS BASED
`ON UNDISCLOSED OR UNELECTED INVALIDITY THEORIES
`
`I, Alison T. Gelsleichter, 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
`
`Opposed Motion to Strike Portions of Defendant Apple Inc.’s (“Apple”) Opening Expert Reports
`
`Based on Undisclosed or Unelected Invalidity Theories. 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 1 is a true and correct excerpt from the Opening Expert
`
`Report of Dr. Benjamin B. Bederson Regarding Invalidity of U.S. Patent Nos. 6,928,306 and
`
`10,084,991, served May 7, 2020.
`
`3.
`
`Attached as Exhibit 2 is a true and correct excerpt from the Opening Expert
`
`Report of Dr. Harry V. Bims Regarding Invalidity of U.S. Patent No. 6,408,193, served May 7,
`
`2020.
`
`1
`
`
`
`Case 5:19-cv-00036-RWS Document 343-1 Filed 06/03/20 Page 2 of 3 PageID #: 11311
`
`4.
`
`Attached as Exhibit 3 is a true and correct excerpt from the Opening Expert
`
`Report of Dr. Alan C. Bovik Regarding Invalidity of U.S. Patent No. 8,339,493, served May 7,
`
`2020.
`
`5.
`
`Attached as Exhibit 4 is a true and correct excerpt from the Opening Expert
`
`Report of Dr. Daniel A. Menascé Regarding U.S. Patent Nos. 7,116,438 and 10,212,586, served
`
`May 7, 2020.
`
`6.
`
`Attached as Exhibit 5 is a true and correct excerpt from the Opening Expert
`
`Report of Dr. Joseph A. Paradiso Regarding Invalidity of U.S. Patent Nos. 6,748,317, 6,580,999,
`
`6,430,498, served May 7, 2020.
`
`7.
`
`Attached as Exhibit 6 is a true and correct excerpt from the Opening Expert
`
`Report of Dr. Daniel A. Menascé Regarding U.S. Patent No. 6,329,794, served May 14, 2020.
`
`8.
`
`Attached as Exhibit 7 is a true and correct copy of Apple’s Final Election of Prior
`
`Art, served April 7, 2020.
`
`9.
`
`Attached as Exhibit 8 is a true and correct excerpt from Apple’s Invalidity
`
`Contentions Pursuant to Patent Local Rules 3-3 and 3-4, served August 14, 2019 and Apple’s
`
`First Supplemental Invalidity Contentions Pursuant to Patent Local Rules 3-3 and 3-4, served
`
`March 4, 2020 (collectively, “Invalidity Contentions”).
`
`10.
`
`Attached as Exhibit 9 is a true and correct excerpt from Exhibit D1 to Apple’s
`
`Invalidity Contentions.
`
`11.
`
`Attached as Exhibit 10 is a true and correct excerpt from Exhibit D3 to Apple’s
`
`Invalidity Contentions.
`
`12.
`
`Attached as Exhibit 11 is a true and correct excerpt from Exhibit H1 to Apple’s
`
`Invalidity Contentions.
`
`2
`
`
`
`Case 5:19-cv-00036-RWS Document 343-1 Filed 06/03/20 Page 3 of 3 PageID #: 11312
`
`13.
`
`Attached as Exhibit 12 is a true and correct excerpt from Exhibit E2 to Apple’s
`
`Invalidity Contentions.
`
`14.
`
`Attached as Exhibit 13 is a true and correct excerpt from Exhibit B8 to Apple’s
`
`Invalidity Contentions.
`
`15.
`
`Attached as Exhibit 14 is a true and correct excerpt from Exhibit B11 to Apple’s
`
`Invalidity Contentions.
`
`16.
`
`Attached as Exhibit 15 is a true and correct excerpt from Exhibit C4 to Apple’s
`
`Invalidity Contentions.
`
`17.
`
`Attached as Exhibit 16 is a true and correct excerpt from Exhibit G6 to Apple’s
`
`Invalidity Contentions.
`
`18.
`
`Attached as Exhibit 17 is a true and correct excerpt from Exhibit F1 to Apple’s
`
`Invalidity Contentions.
`
`19.
`
`Attached as Exhibit 18 is a true and correct excerpt from Exhibit A12 to Apple’s
`
`Invalidity Contentions.
`
`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 June 1, 2020 in Washington,
`
`D.C.
`
`Dated: June 1, 2020
`
`
`
`By: ____________________________
`
`Alison T. Gelsleichter
`
`3
`
`
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