Ixi Mobile (R&D) Ltd. et al v. Samsung Electronics Co., Ltd. et al

Northern District of California, cand-4:2015-cv-03752

Declaration of Michael R. Morey

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1 Gregory S. Arovas, P.C. (pro hac vice) Harrison J. Frahn IV (CA Bar No. 206822) Todd M. Friedman, P.C. (pro hac vice) hfrahn@stblaw.com 2 KIRKLAND & ELLIS LLP SIMPSON THACHER & BARTLETT LLP 601 Lexington Avenue 2475 Hanover Street 3 New York, New York 10022 Palo Alto, California 94304 Telephone: (212) 446-4800 Telephone: (650) 251-5000 4 Facsimile: (212) 446-4900 Facsimile: (650) 251-5002 greg.arovas@kirkland.com 5 todd.fiiedman@kirkland.com Attorneysfor Defendant Apple Inc. 6 Attorneysfor Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. 7 8 9 UNITED STATES DISTRICT COURT 10 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 OAKLAND DIVISION 12 13 IXI MOBILE (R&D) LTD. and IXI IP, LLC, Case No. 4:15-cv-03752-HSG Plaintiffs, DECLARATION OF MICHAEL R. 14 v. MOREY IN SUPPORT OF 15 DEFENDANTS' OPPOSITION TO SAMSUNG ELECTRONICS CO., et al., PLAINTIFFS' MOTION FOR LEAVE 16 Defendants., TO AMEND ITS INFRINGEMENT CONTENTIONS AND ASSERTED Defendant. 17 CLAIMS 18 Date: May 9, 2019 Time: 2:00 p.m. 19 Courtroom: 2, Fourth Floor Judge: Hon. Haywood S. Gilliam, Jr. 20 IXI MOBILE (R&D) LTD. and IXI IP, LLC, Case No. 4:15-cv-03755-HSG 21 (RELATED CASE) Plaintiffs, 22 v. 23 APPLE INC., Defendant. 24 25 26 27 28 1 I, Michael R. Morey, declare as follows: 2 1. I am an associate at the law firm Simpson Thacher & Bartlett LLP, counsel for Defendant 3 Apple Inc. in this action. The following facts are within my personal knowledge and, if called and 4 sworn as a witness, I am competent to testify thereto. I make this declaration in support of Defendants' 5 Opposition To Plaintiffs' Motion For Leave To Amend Its Infringement Contentions And Asserted 6 Claims. 7 2. Attached hereto as Exhibit 1 is a true and correct copy of Plaintiffs' Second Amended 8 Disclosure of Asserted Claims and Infringement Contentions served on April 15, 2015. 9 3. Attached hereto as Exhibit 2 is a true and correct copy of an excerpt of an office action 10 issued the United States Patent and Trademark Office on September 25, 2018 in an ongoing ex parte 11 reexamination of U.S. Patent No. 7,295,532. 12 4. Attached hereto as Exhibit 3 is a true and correct copy of an excerpt of a response 13 submitted by Plaintiff IXI IP, LLC to the September 25, 2018 office action issued by the United States 14 Patent and Trademark Office in the ongoing ex parte reexamination of U.S. Patent No. 7,295,532, as 15 described in paragraph 3. 16 5. Attached hereto as Exhibit 4 is a true and correct copy of an excerpt of a petition that 17 Defendant Apple Inc. submitted to the United States Patent and Trademark Office on March 7, 2019 18 regarding ex parte reexaminations involving U.S. Patent Nos. 7,039,033 and 7,295,532, with the same 19 redactions as in the public version of the petition. 20 6. Attached hereto as Exhibit 5 is a true and correct copy of an excerpt of an ex parte 21 reexamination request submitted by Plaintiff IXI IP, LLC on March 24, 2017 for U.S. Patent No. 22 7,039,033. 23 7. Attached hereto as Exhibit 6 is a true and correct copy of the Answer and Counterclaims 24 filed by Defendants Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung 25 Telecommunications America, LLC in Case No. 4:15-cv-03752-HSG on September 26, 2014. 26 I declare the foregoing to be true under penalty of perjury. Executed this 21st day of 27 March, 2019 in Palo Alto, California. 28 1 1 By: 2 iehael R. Morey 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28