`
`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 BRYAN NESE IN SUPPORT OF
`MAXELL, LTD.’S REPLY REGARDING ITS MOTION FOR PARTIAL SUMMARY
`JUDGMENT OF NO INVALIDITY OF U.S. PATENT NO. 8,339,493
`
`I, Bryan Nese, 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 Reply
`
`Regarding to its Motion for Partial Summary Judgment of No Invalidity of U.S. Patent No.
`
`8,339,493. 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 12 is a true and correct copy of Apple’s Reply to Patent
`
`Owner Preliminary Response, filed July 20, 2020, in the ’493 Patent IPR Proceeding.
`
`3.
`
`Attached as Exhibit 13 are true and correct excerpts from the Rebuttal Expert
`
`Report of Vijay Madisetti, Ph.D., Concerning Validity of U.S. Patent No. 8,339,493, served June
`
`4, 2020, in this proceeding.
`
`4.
`
`Attached as Exhibit 14 are true and correct excerpts from the Expert Report of
`
`Robert L. Stoll, served June 4, 2020, in this proceeding.
`
`
`
`1
`
`PUBLIC VERSION
`
`
`
`Case 5:19-cv-00036-RWS Document 477-1 Filed 08/03/20 Page 2 of 2 PageID #: 26025
`
`5.
`
`These exhibits have been edited to add highlighting and to remove the none-cited
`
`portions for the Court’s convenience. Apart from those alterations, none of the exhibits have
`
`been further modified.
`
`
`
`I declare under penalty of perjury that the above is true and correct and that this
`
`declaration was executed on July 30, 2020, in Washington, DC.
`
`
`
`Dated: July 30, 2020
`
`
`
`
`
`
`
`_______________________________
`
`Bryan Nese
`
`
`
`2
`
`
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