`
`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 CLARK S. BAKEWELL IN SUPPORT OF
`MAXELL, LTD.’S OPPOSITION TO APPLE INC.’S MOTION FOR PARTIAL
`SUMMARY JUDGMENT OF SUBJECT MATTER INELIGIBILITY UNDER
`35 U.S.C. § 101 FOR U.S. PATENT NOS. 6,928,306 AND 6,329,794
`
`I, Clark Bakewell, 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 Motion for Partial Summary Judgment of Subject Matter Ineligibility
`
`Under 35 U.S.C. § 101 for U.S. Patent Nos. 6,928,306 and 6,329,794. 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 A is a true and correct excerpt from the Rebuttal Expert
`
`Report of Robert Maher Ph.D. Concerning Validity of U.S. Patent No. 6,928,306, served in this
`
`matter on June 4, 2020.
`
`3.
`
`Attached as Exhibit B is a true and correct excerpt from the deposition of Robert
`
`C. Maher, Ph.D., taken in this matter on June 23, 2020.
`
`1
`
`PUBLIC VERSION
`
`
`
`Case 5:19-cv-00036-RWS Document 437-1 Filed 07/24/20 Page 2 of 2 PageID #: 24121
`
`4.
`
`Attached as Exhibit C is a true and correct excerpt from the Rebuttal Expert
`
`Report of Dr. Benjamin B. Bederson Regarding Non-Infringement of U.S. Patent Nos. 6,928,306
`
`and 10,084,991, served in this matter on June 4, 2020.
`
`5.
`
`Attached as Exhibit D is a true and 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 in this matter on May 14, 2020.
`
`6.
`
`Attached as Exhibit E is a true and correct excerpt from the Rebuttal Expert
`
`Report of Michael C. Brogioli, Ph.D. Concerning Validity of U.S. Patent No. 6,329,794, served
`
`in this matter on June 11, 2020.
`
`7.
`
`Attached as Exhibit F is a true and correct excerpt from Plaintiff Maxell, Ltd.’s
`
`Post-Trial Motions and Renewed Motion for Judgment as a Matter of Law filed August 7, 2018,
`
`as Dkt. 287 in the matter of Maxell Ltd. v. ZTE Corporation and ZTE USA Inc., No. 5:16-cv-
`
`00179-RWS..
`
`8.
`
`Attached as Exhibit G 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.
`
`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 22, 2020 in Washington,
`
`D.C.
`
`Dated: July 22, 2020
`
`By: /s/ Clark S. Bakewell
`
`Clark S. Bakewell
`
`2
`
`
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