`Case 2:19-cv-06301-AB-KS Document 113-1 Filed 11/20/20 Page 1 of 4 Page ID #:3562
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`UNITED STATES DISTRICT COURT
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`CENTRAL DISTRICT OF CALIFORNIA
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`Case No. 2:19-cv-06301-AB (KSx)
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`LAMKIN DECL ISO
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`Philips North America, LLC,
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`Plaintiff,
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`v.
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`Garmin International, Inc., Garmin LTD
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`Defendants.
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`DECLARATION OF RACHAEL D. LAMKIN IN SUPPORT OF GARMIN’S
`OPPOSITION TO PHILIPS’ RULE 54(B) MOTION
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`I, Rachael D. Lamkin, declare as follows:
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`1.
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`I am lead counsel of record for Defendants Garmin International, Inc.
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`and Garmin Ltd. (“Garmin”).
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`2.
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`I am an attorney licensed to practice law in all state and federal courts
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`Lamkin Decl. ISO
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`Case 2:19-cv-06301-AB-KS Document 113-1 Filed 11/20/20 Page 2 of 4 Page ID #:3563
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`in California, the Eastern District of Texas, Colorado District Court, the Court of
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`International Trade, the International Trade Commission, the Federal Circuit Court
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`of Appeals, and this Honorable Court.
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`3.
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`4.
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`I have personal knowledge of all facts attested to herein.
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`Thirty-One (31) days after Garmin served its Rebuttal Claim
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`Construction Brief, Philips filed a statutory disclaimer on 8/10/20, disclaiming only
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`the claims it asserted against Gamin in this matter. See US Patent App. No.
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`10/773,501.
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`5.
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`To minimize burden on the Court, the undersigned is not attaching
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`documents in support of statements that should not be refutable, but the undersigned
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`will provide any documents to the Court upon request or upon Philips’ denial of the
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`facts therein.
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`6.
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`Philips agreed to withdraw the ’192 Patent on November 17, 2020 via
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`electronic mail.
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`7.
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`On October 27, 2020, the USPTO Patent Trial and Appeal Board
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`instituted IPR over the ’233 Patent, IPR2020-00783.
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`8.
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`In its Answer and Counterclaims, Dkt. No. 48, Garmin set forth the facts
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`regarding Garmin’s invalidation of the European counterpart to the ’007 Patent. See
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`id., ¶¶12-19.
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`9.
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`In July 2020, Philips asserted the German equivalent of the ’007 against
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`Garmin in Germany. The German Court invalidated the ’007 claims in a hearing on
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`Lamkin Decl. ISO
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`Case 2:19-cv-06301-AB-KS Document 113-1 Filed 11/20/20 Page 3 of 4 Page ID #:3564
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`November 12, 2020, with a written order to follow.
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`10. Attached as Exhibit A are true and correct excerpts from the deposition
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`of Jay Dee Krull. Mr. Krull has been an engineer at Garmin working on GPS for
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`thirty-one (31) years.
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`11. On November 5, 2020, I spoke with counsel for Philips, JP Ciardullo as
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`I believed he misrepresented our meet and confer to the Court. Mr. Ciardullo
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`acknowledged that I had stated during the meet and confer that Garmin would likely
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`object to Philips’ Rule 54(b) Motion because of the factual overlap between the ’007
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`and the remaining patents. Mr. Ciardullo explained that, when I did not mention that
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`fact again in my follow up email, he believed I had dropped that rationale. While I
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`disagree with the soundness of his conclusion, my experience with Mr. Ciardullo is
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`that he is forthright, and I have no reason to question his veracity here. During that
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`second call, I also suggested that Philips agree to a stay of this matter during Philips
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`Rule 54(b) appeal. He said Phillips would decline that suggestion.
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`12. Attached as Exhibit B is a true and correct copy of Philips’ infringement
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`allegations showing the accused products for each Patent-in-Suit.
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`13. Attached as Exhibit C are true and correct excerpts from Philips’ claim
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`charts for the ’007 Patent.
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`14. Attached as Exhibit D are true and correct excerpts from Philips’ claim
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`charts for the ’377 Patent.
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`15. Attached as Exhibit E are true and correct copies of the PTAB statistics
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`Case 2:19-cv-06301-AB-KS Document 113-1 Filed 11/20/20 Page 4 of 4 Page ID #:3565
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`presentation provided at USPTO.gov. The dates are as of January 2020. I
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`https://www.uspto.gov/sites/default/files/documents/trial_statistics_20200131.pdf
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`on today’s date.
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`Signed under penalty of perjury on this date, November 20, 2020, in Sausalito,
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`California.
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`________________________
`Rachael D. Lamkin
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`Lamkin Decl. ISO
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