`
`
`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 MARK LIANG IN SUPPORT OF APPLE INC.’S REPLY BRIEF
`IN SUPPORT OF 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
`
`
`1
`
`
`
`Case 5:19-cv-00036-RWS Document 452-1 Filed 07/29/20 Page 2 of 3 PageID #: 25388
`
`
`I, Mark Liang, 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 N is a true and correct copy of an Order from IDB Ventures
`
`LLC v. Charlotte Russe Holdings, Inc., No. 5:17-cv-660-WCB-RSP (E.D. Tex.), issued on
`
`October 31, 2018.
`
`3.
`
`Attached as Exhibit O is a true and correct copy of excerpts from the Rebuttal
`
`Expert Report Of Craig Rosenberg, Ph.D. Concerning Validity Of U.S. Patent Nos. 6,748,317,
`
`6,580,999, 6,430,498, dated June 4, 2020.
`
`4.
`
`Attached as Exhibit P is a true and correct copy of excerpts from the file history
`
`of the ’317 Patent, specifically a terminal disclaimer filed on December 4, 2003, and produced in
`
`this action as MAXELL_APPLE0000858.
`
`5.
`
`Attached as Exhibit Q is a true and correct copy of excerpts from the file history
`
`of the ’999 Patent, specifically a terminal disclaimer filed on January 13, 2003, and produced in
`
`this action as MAXELL_APPLE0000732.
`
`6.
`
`Attached as Exhibit R is a true and correct copy of excerpts from the transcript
`
`from Dr. Craig Rosenberg’s deposition, taken on June 15, 2020.
`
` declare under penalty of perjury under the laws of the United States of America that the
`
` I
`
`foregoing is true and correct.
`
`Executed July 29, 2020, in San Francisco, California.
`
`2
`
`
`
`Case 5:19-cv-00036-RWS Document 452-1 Filed 07/29/20 Page 3 of 3 PageID #: 25389
`
`
`
`
`/s/ Mark Liang
` Mark Liang
`
`
`
`
`
`
`
`3
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
