`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`MAXELL, LTD.,
`
`v.
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`APPLE INC.,
`
`Plaintiff,
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`Defendant.
`
`Case No. 5:19-cv-00036-RWS
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`JURY TRIAL DEMANDED
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`
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`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. 6,748,317, 6,430,498, AND 6,580,999
`
`I, Clark Bakewell, hereby declare and state as follows:
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`1.
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`I am an attorney at Mayer Brown LLP, counsel for Plaintiff Maxell, Ltd.
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`(“Maxell”) in the above-captioned lawsuit. I submit this declaration in support of Maxell’s
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`Opposition to Apple Inc.’s Motion for Partial Summary Judgment of Subject Matter Ineligibility
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`Under 35 U.S.C. § 101 for U.S. Patent Nos. 6,748,317, 6,430,498, and 6,580,999. I have
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`personal knowledge of the statements herein, and, if called to do so, I could and would testify
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`competently as to the same.
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`2.
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`Attached as Exhibit A is a true and correct excerpt from the October 18, 2019,
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`deposition of Joseph A. Paradiso, Ph.D. taken in this matter.
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`3.
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`Attached as Exhibit B is a true and correct excerpt from the Declaration of Dr.
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`Joseph A. Paradiso in Support of Apple Inc.’s Proposed Claim Constructions, served in this
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`matter on October 4, 2019.
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`1
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`PUBLIC VERSION
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`
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`Case 5:19-cv-00036-RWS Document 438-1 Filed 07/24/20 Page 2 of 3 PageID #: 24167
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`4.
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`Attached as Exhibit C is a true and correct highlighted copy of an article titled
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`Cyberguide: A Mobile Context-Aware Tour Guide, by Gregory D. Abowd, Christopher G.
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`Atkeson, Jason Hong, Sue Long, Rob Kooper and Mike Pinkerton, with bates stamps APL-
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`MAXELL_00713087 - 107.
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`5.
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`Attached as Exhibit D is a true and excerpt from the Opening Expert Report of
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`Dr. Joseph A Paradiso Regarding Invalidity of U.S. Patent Nos. 6,748,317, 6,580,999, 6,430,498,
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`served in this matter on May 7, 2020.
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`6.
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`Attached as Exhibit E is a true and correct excerpt from the Initial Expert Report
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`of Craig Rosenberg, Ph.D. Concerning Apple’s Infringement of U.S. Patent Nos. 6,748,317,
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`6,430,498, and 6,580,999, served in this matter on May 7, 2020.
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`7.
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`Attached as Exhibit F is a true and correct excerpt from the Rebuttal Expert
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`Report of Craig Rosenberg, Ph.D. Concerning Validity of U.S. Patent Nos. 6,748,317, 6,430,498,
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`and 6,580,999, served in this matter on June 4, 2020.
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`8.
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`Attached as Exhibit G is a true and correct excerpt from the NavTalk Owner’s
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`Manual and Reference Guide, with bates stamps APL-MAXELL_00713773.
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`9.
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`Attached as Exhibit H is a true and correct excerpt from the June 15, 2020,
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`deposition of Craig Rosenberg, Ph.D taken in this matter.
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`10.
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`Attached as Exhibit I is a true and correct excerpt from the Claim Construction
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`Memorandum and Order filed January 31, 2018, as Dkt. 175 in the matter of Maxell Ltd. v. ZTE
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`Corporation and ZTE USA Inc., No. 5:16-cv-00179-RWS.
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`11.
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`Attached as Exhibit J is a true and correct excerpt from Plaintiff Maxell, Ltd.’s
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`Post-Trial Motions and Renewed Motion for Judgment as a Matter of Law filed August 7, 2018,
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`2
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`
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`Case 5:19-cv-00036-RWS Document 438-1 Filed 07/24/20 Page 3 of 3 PageID #: 24168
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`as Dkt. 287 in the matter of Maxell Ltd. v. ZTE Corporation and ZTE USA Inc., No. 5:16-cv-
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`00179-RWS.
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`I declare under penalty of perjury under the laws of the United States of America that the
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`above is true and correct and that this Declaration was executed on July 22, 2020 in Washington,
`
`D.C.
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`Dated: July 22, 2020
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`By: /s/ Clark S. Bakewell
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`Clark S. Bakewell
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`3
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