Free Declaration in Support - District Court of California - California

Case 5:06-cv-01839-PVT

Document 340

Filed 06/03/2008

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KARL J. KRAMER (CA SBN 136433) ERIKA L. YAWGER (CA SBN 234919) LAURA MASON (CA SBN 252251) MORRISON & FOERSTER LLP 755 Page Mill Road Palo Alto, California 94304-1018 Telephone: 650-813-5600 Facsimile: 650-494-0792 [email protected] Attorneys for Defendant and Counterclaimant SYNAPTICS, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

ELANTECH DEVICES CORPORATION, a corporation existing under the laws of Taiwan, R.O.C., Plaintiff, v. SYNAPTICS, INC., a Delaware corporation; AVERATEC, INC., a California corporation; and PROSTAR COMPUTER, INC., a California corporation, Defendants.

Case No.

C06-01839 PVT

DECLARATION OF ERIKA L. YAWGER IN SUPPORT OF DEFENDANT SYNAPTICS, INC.'S MOTION FOR ADMINISTRATIVE RELIEF TO RE-NOTICE SYNAPTICS MOTION FOR PRELIMINARY INJUNCTION Before: Hon. Patricia V. Trumbull Location: Courtroom 5, 4th Floor

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YAWGER DECL. ISO SYNAPTICS, INC.'S MOTION FOR ADMINISTRATIVE RELIEF CASE NO. C06-01839-PVT

AND RELATED COUNTERCLAIMS

I, Erika L. Yawger, declare as follows: 1. I am a member of the bar of the State of California, and I am admitted before this

Court. I am an associate with the law firm of Morrison & Foerster LLP, counsel of record for Synaptics, Inc. ("Synaptics") in the above-captioned action. I have personal knowledge of the facts set forth herein and, if called as a witness, I could competently testify thereto. 2. On May 9, 2008 Synaptics filed a motion for preliminary injunction. (Docket No.

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3.

Elantech's counsel never communicated with me about the need or desire for

additional time to oppose Synaptics' motion for preliminary injunction until the afternoon before Elantech's opposition was due. Due to the urgent nature of Synaptics' motion, and lack of prior notice or justification for an extension, Synaptics did not agree to grant Elantech's last-minute request for an extension of time. 4. On Monday June 2, 2008, pursuant to instructions from Magistrate Judge

Trumbull's clerk, I e-mailed counsel for Elantech, Sean DeBruine, and asked whether Elantech would discuss a stipulation to a re-noticed schedule for Synaptics' preliminary injunction motion. Mr. DeBruine refused to discuss such a stipulation. After Elantech's refusal, I left a voice message for Mr. DeBruine asking to meet and confer regarding a stipulated hearing date. I explained in my message that Magistrate Judge Trumbull's clerk had specifically requested that the parties confer and file a stipulation concerning a new hearing date. Mr. DeBruine never responded to my voicemail. 5. Before Synaptics filed its motion for preliminary injunction, I discussed the

possibility of a stipulated preliminary injunction order with counsel for Elantech. Counsel for Elantech refused to consider any such stipulation. I declare under penalty of perjury under the laws of the United States of America that, to the best of my knowledge, the foregoing is true and correct. Executed on June 3, 2008, in Palo Alto, California. By: /s/Erika J. Yawger Erika L. Yawger Email: [email protected]

YAWGER DECL. ISO SYNAPTICS, INC.'S MOTION FOR ADMINISTRATIVE RELIEF CASE NO. C06-01839-PVT

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I, Karl J. Kramer, am the ECF User whose ID and password are being used to file this DECLARATION OF ERIKA L. YAWGER IN SUPPORT OF DEFENDANT SYNAPTICS'S MOTION FOR ADMINISTRATIVE RELIEF TO RE-NOTICE SYNAPTICS MOTION FOR PRELIMINARY INJUNCTION. In compliance with General Order 45, X.B., I hereby attest that Erika L. Yawger has concurred in this filing. Dated: June 3, 2008 By: MORRISON & FOERSTER LLP s/Karl J. Kramer Karl J. Kramer Email: [email protected]

YAWGER DECL. ISO SYNAPTICS, INC.'S MOTION FOR ADMINISTRATIVE RELIEF CASE NO. C06-01839-PVT

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