Free Declaration in Opposition - District Court of California - California

Case 5:07-cv-05248-JW

Document 13

Filed 10/29/2007

Page 1 of 3

1 2 3 4 5 6 7 8 9 10 11 12

HAROLD J. MCELHINNY (CA SBN 66781) [email protected] MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: 415.268.7000 Facsimile: 415.268.7522 MARC DAVID PETERS (CA SBN 211725) [email protected] DAVID M. ALBAN (CA SBN 238955) [email protected] MORRISON & FOERSTER LLP 755 Page Mill Road Palo Alto, CA 94304-1018 Telephone: 650-813-5600 Facsimile: 650-494-0792 Attorneys for Defendant ADVANCED MICRO-FABRICATION EQUIPMENT (SHANGHAI) CO., LTD. UNITED STATES DISTRICT COURT

13 NORTHERN DISTRICT OF CALIFORNIA 14 SAN JOSE DIVISION 15 16 APPLIED MATERIALS, INC., 17 Plaintiff, 18 v. 19 20 21 22 23 24 25 26 27 28
DECLARATION OF HAROLD MCELHINNY IN SUPPORT OF OPPOSITION TO PLAINTIFF'S MOTION TO EXPEDITE DISCOVERY AND PRESERVE EVIDENCE CASE NO. C07 05248 PVT pa-1204671

Case No.

C07 05248 PVT

ADVANCED MICRO-FABRICATION EQUIPMENT (SHANGHAI) CO., LTD., ADVANCED MICRO-FABRICATION EQUIPMENT, INC., ASIA, GERALD Z. YIN, AIHUA CHEN, RYOJI TODAKA, and LEE LUO, Defendants.

DECLARATION OF HAROLD MCELHINNY IN SUPPORT OF OPPOSITION TO PLAINTIFF'S MOTION TO EXPEDITE DISCOVERY AND PRESERVE EVIDENCE

1

Case 5:07-cv-05248-JW

Document 13

Filed 10/29/2007

Page 2 of 3

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, Harold McElhinny, do declare as follows: 1. I am a partner in the law firm of Morrison & Foerster LLP. I am admitted to

practice in the Northern District of California and am counsel for Defendant Advanced MicroFabrication Equipment (Shanghai) Co., Ltd. 2. Upon learning of Applied's claims, we prepared a draft notice to preserve

documents and provided it to the appropriate person. I understand that the notice has been distributed to all of the named defendants. 3. Attached hereto as Exhibit A is a true and correct copy of a letter I sent to Thomas

Fitzpatrick via e-mail on October 18, 2007. In that letter, I informed Mr. Fitzpatrick that Matt Ruby was not an officer or authorized agent of Advanced Micro-Fabrication Equipment (Shanghai) Co., Ltd. or Advanced Micro-Fabrication Equipment, Inc. Asia. I received no response from Mr. Fitzpatrick. 4. Attached hereto as Exhibit B is a true and correct copy of a press release issued by

Advanced Micro-Fabrication Equipment Inc. on October 9, 2006, entitled "Advanced MicroFabrication Equipment Inc. Raises $35 Million In Series B Financing." 5. Attached hereto as Exhibit C is a true and correct copy of a press release issued by

Advanced Micro-Fabrication Equipment Inc. on December 4, 2006, entitled "Advanced MicroFabrication Equipment Inc. Names Business and Technology Luminaries to Board of Directors and Board of Advisors." 6. Attached hereto as Exhibit D is a true and correct copy of a press release issued by

Advanced Micro-Fabrication Equipment Inc. on March 6, 2007, entitled "Samsung Venture Investment Corp. Makes Investment In Advanced Micro-Fabrication Equipment Inc." 7. Attached hereto as Exhibit E is a true and correct copy of a press release issued by

Advanced Micro-Fabrication Equipment Inc. on March 6, 2007, entitled "QUALCOMM Makes Strategic Investment in Advanced Micro-Fabrication Equipment Inc."

DECLARATION OF HAROLD MCELHINNY IN SUPPORT OF OPPOSITION TO PLAINTIFF'S MOTION TO EXPEDITE DISCOVERY AND PRESERVE EVIDENCE CASE NO. C07 05248 PVT pa-1204671

2

Case 5:07-cv-05248-JW

Document 13

Filed 10/29/2007

Page 3 of 3

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 declare under penalty of perjury that to the best of my knowledge the foregoing is true and correct. Executed on October 29, 2007, in San Francisco, California.

/s/ Harold J. McElhinny Harold McElhinny

DECLARATION OF HAROLD MCELHINNY IN SUPPORT OF OPPOSITION TO PLAINTIFF'S MOTION TO EXPEDITE DISCOVERY AND PRESERVE EVIDENCE CASE NO. C07 05248 PVT pa-1204671

3