Free Declaration - District Court of Delaware - Delaware

Case 1:07-cv-00054-JJF

Document 30

Filed 06/20/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE RENESAS TECHNOLOGY CORP., Plaintiff, v. SAMSUNG ELECTRONICS CO., LTD. and SAMSUNG ELECTRONICS AMERICA, INC., Defendants. C.A. No. 07-54-JJF

DECLARATION OF TIMOTHY DEVLIN IN SUPPORT OF DEFENDANTS SAMSUNG ELECTRONICS CO., LTD. AND SAMSUNG ELECTRONICS AMERICA, INC. REPLY BRIEF IN SUPPORT OF THEIR MOTION TO CONSOLIDATE AND STAY Dated: June 20, 2007 FISH & RICHARDSON P.C. Timothy Devlin (#4241) 919 N. Market Street, Suite 1100 P.O. Box 1114 Wilmington, DE 19899-1114 Telephone: (302) 652-5070 Facsimile: (302) 652-0607 Email: [email protected] Michael J. McKeon Richard A. Sterba Brian R. Nester (#3581) Fish & Richardson P.C. 1425 K Street, N.W., 11th Floor Washington, DC 20005-2500 (202) 783-5070 Attorneys for Defendants SAMSUNG ELECTRONICS CO., LTD. and SAMSUNG ELECTRONICS AMERICA, INC.

Case 1:07-cv-00054-JJF

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I, Timothy Devlin, declare as follows: 1. I am a member of Fish & Richardson P.C., counsel of record in this action

for Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. (collectively "Samsung"). I am a member of the Bar of the State of Delaware in good standing and am admitted to this Court. I have personal knowledge of the matters stated in this declaration and would testify truthfully to them if called upon to do so. 2. Attached hereto as Exhibit 10 is a true and correct copy of an email string

between James R. Klaiber and Timothy Devlin dated May 15-16, 2007. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 20th day of June, 2007, at Wilmington, Delaware. /s/ Timothy Devlin Timothy Devlin (#4241)

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CERTIFICATE OF SERVICE I hereby certify that on June 20, 2007, I electronically filed the above document with the Clerk of Court using CM/ECF which will send electronic notification of such filing(s) to the following Delaware counsel. In addition, the filing will also be sent via hand delivery: Andre G. Bouchard John M. Seaman BOUCHARD MARGULES & FRIEDLANDER, P.A. 222 Delaware Ave., Suite 1400 Wilmington, DE 19801 I hereby certify that on June 20, 2007, I have mailed by Federal Express, the document(s) to the following non-registered participants: Christopher E. Chalsen Michael M. Murray James R. Klaiber MILBANK, TWEED, HADLEY & MCCLOY, LLP 1 Chase Manhattan Plaza New York, NY 10005

80046059.doc

/s/ Timothy Devlin Timothy Devlin

1

Case 1:07-cv-00054-JJF

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Exhibit 10

Case 1:07-cv-00054-JJF

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Filed 06/20/2007

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)URP 7LPRWK\ 'HYOLQ 6HQW :HGQHVGD\ 0D\ $0 7R
.ODLEHU -DPHV
&F &&KDOVHQ#PLOEDQNFRP 00XUUD\#PLOEDQNFRP -RKQ 6HDPDQ 7LPRWK\ 'HYOLQ 6XEMHFW 5( 5HQHVDV Y 6DPVXQJ 6FKHGXOH 5HQHVDV Y 6DPVXQJ ''HO --) Jim, This confirms the schedule below, with the one addition that the parties can serve requests after June 1, but the responses for any such requests would be extended to August 13. In other words, June 1 is the first day discovery requests may be served, but not the only day. Please let me know if this comports with your understanding. Regarding our teleconference, Friday afternoon at 3pm would work for me. Thanks, Tim )URP .ODLEHU -DPHV >PDLOWR-.ODLEHU#PLOEDQNFRP@ 6HQW 7XHVGD\ 0D\ 30 7R 7LPRWK\ 'HYOLQ &F &&KDOVHQ#PLOEDQNFRP 00XUUD\#PLOEDQNFRP -RKQ 6HDPDQ 6XEMHFW 5HQHVDV Y 6DPVXQJ 6FKHGXOH 5HQHVDV Y 6DPVXQJ ''HO --) Tim, As we discussed, we would like to confirm our agreement of the following dates in the above-referenced case: May 18 - Rule 26(f) discovery planning teleconference. Please let us know a convenient time for you on the afternoon of Friday May 18. We will shortly be sending you a proposed scheduling order in the form required by Judge Farnan's March 21 order.

June 1 - Serve first round of discovery requests. June 4 - RTC's opposition to Samsung's stay/consolidation motion due. June 11 - Samsung's reply in support of its motion due (based on hand service of oppostion). July 13 - Hearing on motion before Judge Farnan. August 13 - responses to first round of discovery requests due. We will be preparing a short stipulation regarding the June 4 and July 13 dates and will forward this to you shortly. Best regards, Jim Klaiber __________________________ 0LOEDQN Intellectual Property/Litigation James R. Klaiber
1 Chase Manhattan Plaza New York, NY 10005-1413 T: [212-530-5363] F:[ 212-530-5219] [email protected] www.milbank.com

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