Case 5:19-cv-00036-RWS Document 389-5 Filed 07/02/20 Page 1 of 5 PageID #: 19129
`
`
`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.,
`
`Defendant.
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
`
`DECLARATION OF XIN-YI ZHOU IN SUPPORT OF APPLE INC.’S MOTION FOR
`PARTIAL SUMMARY JUDGMENT OF NON-INFRINGEMENT OF U.S. PATENT
`NOS. 10,084,991 AND 8,339,493
`
`
`
`1
`
`

`

`Case 5:19-cv-00036-RWS Document 389-5 Filed 07/02/20 Page 2 of 5 PageID #: 19130
`
`
`I, Xin-Yi Zhou, declare as follows:
`
`1.
`
`I am an attorney at the law firm of O’Melveny & Myers LLP, counsel for
`
`Defendant Apple Inc. (“Apple”) in this matter instituted by Plaintiff Maxell, Ltd. (“Maxell”). I
`
`am a member in good standing of the State Bar of California and have been admitted to practice
`
`before this Court. The statements below are based on personal knowledge and/or investigation
`
`of the facts stated herein and if called to testify could competently testify to their substance.
`
`2.
`
`Attached as Exhibit 1 is a true and correct copy of excerpts from the Initial
`
`Expert Report of Maja Bystrom, Ph.D. Concerning Apple’s Alleged Infringement of U.S. Patent
`
`No. 10,084,991, dated May 7, 2020.
`
`3.
`
`Attached as Exhibit 2 is a true and correct copy of excerpts from the Initial
`
`Expert Report of Vijay Madisetti, Ph.D. Concerning Apple’s Infringement of U.S. Patent No.
`
`8,339,493, dated May 7, 2020.
`
`4.
`
`Attached as Exhibit 3 is a true and correct copy of excerpts from the document
`
`with production number APL-MAXELL_00790699 to APL-MAXELL_00702825, which was
`
`produced by Apple. This document is Sony’s Specification for Image Sensor IMX164.
`
`5.
`
`Attached as Exhibit 4 is a true and correct copy of excerpts from the transcript
`
`from the deposition of Maxell’s expert Dr. Vijay Madisetti, taken on October 22, 2019.
`
`6.
`
`Attached as Exhibit 5 is a true and correct copy of excerpts from the transcript
`
`from the deposition of Maxell’s expert Dr. Vijay Madisetti, taken on June 25, 2020.
`
`7.
`
`Attached as Exhibit 6 is a true and correct copy of deposition Exhibit 430 from
`
`Dr. Vijay Madisetti’s deposition, taken on June 25, 2020. It is a document with production
`
`number MAXELL_APPLE0257741 to MAXELL_APPLE0257798 that purports to include test
`
`images taken at Dr. Madisetti’s direction.
`
`8.
`
`Attached as Exhibit 7 is a true and correct copy of excerpts from deposition
`
`2
`
`

`

`Case 5:19-cv-00036-RWS Document 389-5 Filed 07/02/20 Page 3 of 5 PageID #: 19131
`
`
`Exhibit 432 from Dr. Vijay Madisetti’s deposition, taken on June 25, 2020. Deposition Exhibit
`
`432 is Appendix 3 to Maxell’s Second Supplemental Patent Rule 3-1 And 3-2 Disclosure Of
`
`Asserted Claims And Infringement Contentions Against Apple, dated March 13, 2020.1
`
`9.
`
`Attached as Exhibit 8 is a true and correct copy of the document with production
`
`number APL-MAXELL_01419575, which was produced by Apple.
`
`10.
`
`Attached as Exhibit 9 is a true and correct copy of excerpts from the document
`
`with production number APL-MAXELL_00702420 to APL-MAXELL_00702523, which was
`
`produced by Apple. This document is Sony’s Specification for Image Sensor IMX149.
`
`11.
`
`Attached as Exhibit 10 is a true and correct copy of excerpts from the document
`
`with production number APL-MAXELL_00702524 to APL-MAXELL_00702698, which was
`
`produced by Apple. This document is OmniVision’s Specification for Image Sensor OV9762.
`
`12.
`
`Attached as Exhibit 11 is a true and correct copy of excerpts from the document
`
`with production number APL-MAXELL_00702928 to APL-MAXELL_00703133, which was
`
`produced by Apple. This document is Sony’s Specification for Image Sensor IMX237.
`
`13.
`
`Attached as Exhibit 12 is a true and correct copy of excerpts from the document
`
`with production number APL-MAXELL_00703134 to APL-MAXELL_00703247, which was
`
`produced by Apple. This document is Sony’s Specification for Image Sensor IMX190.
`
`14.
`
`Attached as Exhibit 13 is a true and correct copy of excerpts from the document
`
`with production number APL-MAXELL_00703248 to APL-MAXELL_00703474, which was
`
`produced by Apple. This document is Sony’s Specification for Image Sensor IMX247.
`
`
`1 Exhibit 432 (Appendix 3 to Maxell’s Second Supplemental Patent Rule 3-1 And 3-2 Disclosure
`Of Asserted Claims And Infringement Contentions Against Apple, dated March 13, 2020) was
`erroneously labeled “Exhibit 431” by the court reporter. The deposition transcript, however, is
`clear that Exhibit 432 is the “Second Supplemental Contentions of U.S. Patent Number
`8,339,493-Appendix 3.PDF.” Madisetti Deposition Transcript (June 24, 2020) at 4:14-17.
`
`3
`
`

`

`Case 5:19-cv-00036-RWS Document 389-5 Filed 07/02/20 Page 4 of 5 PageID #: 19132
`
`
`15.
`
`Attached as Exhibit 14 is a true and correct copy of excerpts from the document
`
`with production number APL-MAXELL_00703475 to APL-MAXELL_00703613, which was
`
`produced by Apple. This document is Sony’s Specification for Image Sensor IMX314.
`
`16.
`
`Attached as Exhibit 15 is a true and correct copy of excerpts from the document
`
`with production number APL-MAXELL_00703614 to APL-MAXELL_00703887, which was
`
`produced by Apple. This document is Sony’s Specification for Image Sensor IMX303.
`
`17.
`
`Attached as Exhibit 16 is a true and correct copy of excerpts from the document
`
`with production number APL-MAXELL_00703888 to APL-MAXELL_00704160, which was
`
`produced by Apple. This document is Sony’s Specification for Image Sensor IMX313.
`
`18.
`
`Attached as Exhibit 17 is a true and correct copy of excerpts from the document
`
`with production number APL-MAXELL_00704161 to APL-MAXELL_00704416, which was
`
`produced by Apple. This document is Sony’s Specification for Image Sensor IMX343.
`
`19.
`
`Attached as Exhibit 18 is a true and correct copy of excerpts from the document
`
`with production number APL-MAXELL_00704417 to APL-MAXELL_00704673, which was
`
`produced by Apple. This document is Sony’s Specification for Image Sensor IMX353.
`
`20.
`
`Attached as Exhibit 19 is a true and correct copy of excerpts from the document
`
`with production number APL-MAXELL_00704674 to APL-MAXELL_00704790, which was
`
`produced by Apple. This document is Sony’s Specification for Image Sensor IMX354.
`
`21.
`
`Attached as Exhibit 20 is a true and correct copy of excerpts from the document
`
`with production number APL-MAXELL_00704791 to APL-MAXELL_00705060, which was
`
`produced by Apple. This document is Sony’s Specification for Image Sensor IMX414.
`
`22.
`
`Attached as Exhibit 21 is a true and correct copy of excerpts from the document
`
`with production number APL-MAXELL_00705061 to APL-MAXELL_00705289, which was
`
`produced by Apple. This document is Sony’s Specification for Image Sensor IMX403.
`
`4
`
`

`

`Case 5:19-cv-00036-RWS Document 389-5 Filed 07/02/20 Page 5 of 5 PageID #: 19133
`
`
`23.
`
`Attached as Exhibit 22 is a true and correct copy of excerpts from the document
`
`with production number APL-MAXELL_00705508 to APL-MAXELL_00705764, which was
`
`produced by Apple. This document is Sony’s Specification for Image Sensor IMX356.
`
`24.
`
`Attached as Exhibit 23 is a true and correct copy of excerpts from the document
`
`with production number APL-MAXELL_01146196 to APL-MAXELL_01146568, which was
`
`produced by Apple. This document is Sony’s Specification for Image Sensor IMX503.
`
`25.
`
`Attached as Exhibit 24 is a true and correct copy of excerpts from the document
`
`with production number APL-MAXELL_01146579 to APL-MAXELL_01146834, which was
`
`produced by Apple. This document is Sony’s Specification for Image Sensor IMX372.
`
` declare under penalty of perjury under the laws of the United States of America that the
`
` I
`
`foregoing is true and correct.
`
`Executed June 30, 2020, in Los Angeles, California.
`
`
`
`/s/ Xin-Yi Zhou
` Xin-Yi Zhou
`
`
`
`
`
`
`
`5
`
`