`
`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
`
`
`
`DECLARATION OF WILLIAM J. BARROW IN SUPPORT OF
`MAXELL, LTD.’S OPPOSITION TO APPLE INC.’S DAUBERT MOTION TO
`EXCLUDE CONCLUSORY TESTIMONY AND OPINIONS OF MAXELL’S
`EXPERTS RELATING TO DOCTRINE OF EQUIVALENTS AND SOURCE CODE
`
`I, William J. Barrow, 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”) Daubert Motion to Exclude Conclusory Testimony and
`
`Opinions of Maxell’s Experts Relating to Doctrine of Equivalents and Source Code. 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 Initial Expert Report
`
`of Vijay Madisetti, Ph.D. Concerning Apple’s Infringement of U.S. Patent No. 8,339,493, 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
`
`PUBLIC VERSION
`
`
`
`Case 5:19-cv-00036-RWS Document 416-1 Filed 07/17/20 Page 2 of 3 PageID #: 21866
`
`4.
`
`Attached as Exhibit 3 is a true and correct excerpt from the Initial Expert Report
`
`of Branimir Vojcic, Ph.D. Concerning Apple’s Infringement of U.S. Patent No. 6,408,193,
`
`served May 7, 2020.
`
`5.
`
`Attached as Exhibit 4 is a true and correct excerpt from the Initial Expert Report
`
`of Maja Bystrom, Ph.D. Concerning Apple’s Infringement of U.S. Patent No. 10,084,991, served
`
`May 7, 2020.
`
`6.
`
`Attached as Exhibit 5 is a true and correct excerpt from the Initial Expert Report
`
`of Tim Williams, Ph.D. Concerning Apple’s Infringement of U.S. Patent No. 10,212,586, served
`
`on May 7, 2020.
`
`7.
`
`Attached as Exhibit 6 is a true and correct excerpt from the Initial Expert Report
`
`of Michael C. Brogioli, Ph.D. Concerning Apple’s Infringement of U.S. Patent No. 6,329,794,
`
`served May 14, 2020.
`
`8.
`
`Attached as Exhibits 7-10 are true and correct excerpts from the File History of
`
`U.S. Patent No. 6,329,794 produced with production numbers MAXELL_APPLE0000219 – 220,
`
`MAXELL_APPLE000279 – 283, MAXELL_APPLE0000288 – 294, and
`
`MAXELL_APPLE0000295 – 299.
`
`9.
`
`Attached as Exhibit 11 is a true and correct excerpt from the Rebuttal Expert
`
`Report of Dr. Daniel A. Menascé Regarding Non-Infringement of U.S. Patent No. 6,329,794,
`
`served June 11, 2020.
`
`10.
`
`Attached as Exhibit 12 is a true and correct excerpt from the Initial Expert Report
`
`of Craig Rosenberg, Ph.D. Concerning Apple’s Infringement of U.S. Patent Nos. 6,748,317,
`
`6,430,498, and 6,580,999, served May 7, 2020.
`
`2
`
`
`
`Case 5:19-cv-00036-RWS Document 416-1 Filed 07/17/20 Page 3 of 3 PageID #: 21867
`
`11.
`
`Attached as Exhibit 13 is a true and correct excerpt from the Initial Expert Report
`
`of Robert Maher, Ph.D. Concerning Apple’s Infringement of U.S. Patent No. 6,928,306, served
`
`May 7, 2020.
`
`12.
`
`Attached as Exhibit 14 is a true and correct excerpt from the deposition transcript
`
`of Dr. Harry V. Bims dated June 24, 2020.
`
`13.
`
`Attached as Exhibit 15 is a true and correct excerpt from the deposition transcript
`
`of Craig Rosenberg, Ph.D. dated June 15, 2020.
`
`14.
`
`Attached as Exhibit 16 is a true and correct excerpt from the deposition transcript
`
`of Vijay Madisetti, Ph.D. dated June 25, 2020.
`
`15.
`
`Attached as Exhibit 17 is a true and correct copy of U.S. Patent No. 6,748,317.
`
`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 July 15, 2020 in Washington,
`
`DC.
`
`Dated: July 15, 2020
`
`By:________________________________
`William J. Barrow
`
`3
`
`
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