Free Declaration in Support - District Court of California - California

Case 5:06-cv-01839-PVT

Document 294

Filed 03/26/2008

Page 1 of 4

1 2 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

KARL J. KRAMER (CA SBN 136433) ERIKA L. YAWGER (CA SBN 234919) 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 FRANCISCO 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. AND RELATED COUNTERCLAIMS

Case No.

C06-01839 CRB

DECLARATION OF ERIKA L. YAWGER IN SUPPORT OF SYNAPTICS, INC.'S MOTION TO COMPEL RESPONSES TO DISCOVERY REQUESTS Date: May 2, 2008 Time: 10:00 a.m. Courtroom 8, 19th Floor Hon. Charles R. Breyer

I, Erika L. Yawger, hereby 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 attorney with the law firm of Morrison & Foerster LLP, counsel of record for Synaptics, Inc. ("Synaptics") in the above-captioned action. I make this declaration in support of Synaptics, Inc.'s Motion to Compel Responses to Discovery Requests. I have personal knowledge of the facts set forth herein and, if called as a witness, I could competently testify thereto.
YAWGER DECL. IN SUPPORT OF SYNAPTICS' MOTION TO COMPEL RESPONSES TO DISCOVERY REQUESTS CASE NO. C06-01839-CRB pa-1242336

1

Case 5:06-cv-01839-PVT

Document 294

Filed 03/26/2008

Page 2 of 4

1 2 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

2.

Attached as Exhibit 1 is a true and correct copy of Synaptics' Second Set of

Requests for Production of Documents, which were served on June 6, 2007. 3. Attached as Exhibit 2 is a true and correct copy of Synaptics' Second Set of

Interrogatories (Nos. 9-17), which were served on June 21, 2007. 4. Attached as Exhibit 3 is a true and correct copy of Sean DeBruine's July 6, 2007

email to Karl Kramer and me discussing the parties' attempts to enter into an agreement to temporarily stay discovery. The parties ultimately agreed that discovery would be stayed while the parties conducted settlement negotiations and that, if necessary, discovery would resume when the parties recommenced litigation. 5. The parties engaged in settlement discussions during June, August, and

September of 2007. These discussions were by no means continuous and the parties never entered into a settlement agreement. 6. By the beginning of October, litigation between the parties had resumed. On

October 1, 2007, the parties received an order from the Court directing the parties to arrive at the October 5, 2007 summary judgment hearing prepared to answer a number of questions. (Docket No. 167.) On October 2, 2007, the parties filed a Joint Motion for Administrative Relief Re: Equipment in the Courtroom. (Docket No. 168.) 7. Between the Court's October 26, 2007 summary judgment order (Docket No. 172)

and my February 2, 2008 letter to Mr. DeBruine, Elantech filed four separate motions including a Motion for Partial Summary Judgment of Infringement (Docket No. 233), a Motion for Preliminary Injunction (Docket No. 184), a Motion to Enlarge Time (Docket No. 227), and a Motion for Leave to Amend Infringement Contentions (Docket No. 239). In fact, Elantech has filed no fewer than twenty (20) documents with the Court since the Court's October 26, 2007 summary judgment order. Based on these filings and on other interactions between the parties, Synaptics has been operating under the belief that Elantech has been actively litigating this lawsuit since October 2007. 8. Attached as Exhibit 4 is a true and correct copy of my February 2, 2008 letter to

Sean DeBruine, demanding Elantech's immediate response to the outstanding discovery requests. YAWGER DECL. IN SUPPORT OF SYNAPTICS' MOTION TO COMPEL RESPONSES TO DISCOVERY REQUESTS 2
CASE NO. C06-01839-CRB

pa-1242336

Case 5:06-cv-01839-PVT

Document 294

Filed 03/26/2008

Page 3 of 4

1 2 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

9.

Attached as Exhibit 5 is a true and correct copy of my February 22, 2008 letter to

Sean DeBruine, demanding Elantech's immediate response to Synaptics' outstanding discovery requests. 10. Attached as Exhibit 6 is a true and correct copy of my March 7, 2008 letter to

Sean DeBruine, repeating Synaptics' demand for responses to outstanding discovery and further stating that, unless Elantech provided its response to the outstanding discovery by March 14, 2008, Synaptics would move to compel Elantech's response. 11. In the early afternoon of March 20, 2008 I left a voicemail for Sean DeBruine

asking him to call me back to discuss the outstanding discovery issues raised in my three earlier letters. As of the date of this filing, Mr. DeBruine has not returned my call. 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 March 26, 2008, in Palo Alto, California. By: /s/Erika L. Yawger Erika L. Yawger Email: [email protected]

YAWGER DECL. IN SUPPORT OF SYNAPTICS' MOTION TO COMPEL RESPONSES TO DISCOVERY REQUESTS CASE NO. C06-01839-CRB pa-1242336

3

Case 5:06-cv-01839-PVT

Document 294

Filed 03/26/2008

Page 4 of 4

1 2 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

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 SYNAPTICS, INC.'S MOTION TO COMPEL RESPONSES TO DISCOVERY REQUESTS. In compliance with General Order 45, X.B., I hereby attest that Erika L. Yawger has concurred in this filing.

Dated: March 26, 2008

MORRISON & FOERSTER LLP By: /s/Karl J. Kramer Karl J. Kramer Email: [email protected] Attorneys for Defendant and Counterclaimant SYNAPTICS, INC.

YAWGER DECL. IN SUPPORT OF SYNAPTICS' MOTION TO COMPEL RESPONSES TO DISCOVERY REQUESTS CASE NO. C06-01839-CRB pa-1242336

4

Case 5:06-cv-01839-PVT

Document 294-2

Filed 03/26/2008

Page 1 of 14

EXHIBIT 1

Case 5:06-cv-01839-PVT

Document 294-2

Filed 03/26/2008

Page 2 of 14

Case 5:06-cv-01839-PVT

Document 294-2

Filed 03/26/2008

Page 3 of 14

Case 5:06-cv-01839-PVT

Document 294-2

Filed 03/26/2008

Page 4 of 14

Case 5:06-cv-01839-PVT

Document 294-2

Filed 03/26/2008

Page 5 of 14

Case 5:06-cv-01839-PVT

Document 294-2

Filed 03/26/2008

Page 6 of 14

Case 5:06-cv-01839-PVT

Document 294-2

Filed 03/26/2008

Page 7 of 14

Case 5:06-cv-01839-PVT

Document 294-2

Filed 03/26/2008

Page 8 of 14

Case 5:06-cv-01839-PVT

Document 294-2

Filed 03/26/2008

Page 9 of 14

Case 5:06-cv-01839-PVT

Document 294-2

Filed 03/26/2008

Page 10 of 14

Case 5:06-cv-01839-PVT

Document 294-2

Filed 03/26/2008

Page 11 of 14

Case 5:06-cv-01839-PVT

Document 294-2

Filed 03/26/2008

Page 12 of 14

Case 5:06-cv-01839-PVT

Document 294-2

Filed 03/26/2008

Page 13 of 14

Case 5:06-cv-01839-PVT

Document 294-2

Filed 03/26/2008

Page 14 of 14

Case 5:06-cv-01839-PVT

Document 294-3

Filed 03/26/2008

Page 1 of 7

EXHIBIT 2

Case 5:06-cv-01839-PVT

Document 294-3

Filed 03/26/2008

Page 2 of 7

Case 5:06-cv-01839-PVT

Document 294-3

Filed 03/26/2008

Page 3 of 7

Case 5:06-cv-01839-PVT

Document 294-3

Filed 03/26/2008

Page 4 of 7

Case 5:06-cv-01839-PVT

Document 294-3

Filed 03/26/2008

Page 5 of 7

Case 5:06-cv-01839-PVT

Document 294-3

Filed 03/26/2008

Page 6 of 7

Case 5:06-cv-01839-PVT

Document 294-3

Filed 03/26/2008

Page 7 of 7

Case 5:06-cv-01839-PVT

Document 294-4

Filed 03/26/2008

Page 1 of 2

EXHIBIT 3

Case 5:06-cv-01839-PVT

Document 294-4

Filed 03/26/2008

Page 2 of 2

Case 5:06-cv-01839-PVT

Document 294-5

Filed 03/26/2008

Page 1 of 2

EXHIBIT 4

Case 5:06-cv-01839-PVT

Document 294-5

Filed 03/26/2008

Page 2 of 2

Case 5:06-cv-01839-PVT

Document 294-6

Filed 03/26/2008

Page 1 of 2

EXHIBIT 5

Case 5:06-cv-01839-PVT

Document 294-6

Filed 03/26/2008

Page 2 of 2

755 PAGE MILL ROAD PALO ALTO CALIFORNIA 94304-1018 TELEPHONE: 650.813.5600 FACSIMILE: 650.494.0792 WWW.MOFO.COM

MORRISON & FOERSTER LLP NEW YORK, SAN FRANCISCO, LOS ANGELES, PALO ALTO, SAN DIEGO, WASHINGTON, D. C. NORTHERN VIRGINIA, ORANGE COUNTY, DENVER, SACRAMENTO, WALNUT CREEK TOKYO, LONDON, BEIJING, SHANGHAI, HONG KONG, SINGAPORE, BRUSSELS

February 22, 2008

Writer's Direct Contact 650.813.4218 [email protected]

Via E-mail Sean P. DeBruine Akin Gump Strauss Hauer & Feld LLP 3000 El Camino Real, Suite 400 Palo Alto, CA 94306-2112 Re: Elantech Devices Corp. v. Synaptics, Inc.

Dear Sean: I never received a response to my February 2, 2008 letter concerning Elantech's continued failure to respond to Synaptics' Second Set of Requests for Production served on June 6, 2007, and its Second Set of Interrogatories served on June 21, 2007. Responses to these discovery obligations are long overdue. Please respond immediately and provide the requested documents and interrogatory answers. Best regards,

Erika L. Yawger

pa-1225492

Case 5:06-cv-01839-PVT

Document 294-7

Filed 03/26/2008

Page 1 of 2

EXHIBIT 6

Case 5:06-cv-01839-PVT

Document 294-7

Filed 03/26/2008

Page 2 of 2