Free Declaration - District Court of Delaware - Delaware

Case 1 :04-cv-00343-JJF Document 575 Filed 03/12/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
LG.PHILIPS LCD CO., LTD., :
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Piarmirr :
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I
V- [ Civil Action No. 04-343-JJF
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TATUNG COMPANY; TATUN G E
COMPANY OF AMERICA, INC.; and r
VIEWSONIC CORPORATION, I
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Defendants. I
DECLARATION OF DEREK A. AUITO
I, Derek A. Auito, declare under penalty of perjury as follows:
l. I am an Associate with the law firm of McKenna Long & Aldridge LLP, 1900 K
Street, N.W., Washington, D.C. 20006.
2. I have read the Protective Order entered in this case and fully understand that the
Protective Order prohibits McKenna Long & Aldridge LLP ("MLA") attorneys from having
access to Highly Sensitive Confidential information if such attorneys:
(1) have participated in, directed or supervised any patent
prosecution activity related to the patents—in-suit or currently
participate in, direct or supervise any patent prosecution activity
involving (i) flat panel or flat panel display technology or (ii)
technology related or referring to or incorporating flat panels or
flat panel displays.
3. I have not participated in, directed or supervised any patent prosecution activity
related to the Patents·in—Suit. In accordance with the Protective Order, I also do not currently
participate in, direct, or supervise patent prosecution activity involving (i) flat panel or flat panel
display technology or (ii) technology related or referring to or incorporating flat panels or flat
panel displays.

Case 1:04-cv-00343-JJF Document 575 Filed O3/12/2007 Page 2 of 4
4. In January 2007, I traveled to California with Mr. Michael Angert, another
associate, and inspected certain Tatung Company and Tatung Company of America, Inc.
(collectively "Tatung") products. During our inspection, I did not bring with me any Highly
Sensitive Confidential information or documents produced by the Defendants in this case and I
did not review any Highly Sensitive Confidential information or documents of Defendants in
connection with the product inspection. I had my laptop with me during the inspection to take
notes, but I did not retrieve from my laptop during the inspection any Highly Sensitive
Confidential information or documents produced by the Defendants in this case. My laptop is
password protected, and at no time, did Mr. Angert use or view any documents on my laptop.
5. Our technical expert, Mr. William Bohannon, was also present during part of the
product inspection. I had no conversations with Mr. Bohannon regarding any Highly Sensitive
Confidential information or documents produced by the Defendants in this case.
6. I understand it has been suggested that Mr. Angert and I must have looked at
Tatung’s specifications and drawings during our product inspection. That is not true. We did
not have any Tatung specifications or drawings with us during the inspection. I have a bachelors
degree in manufacturing systems engineering and a masters degree in industrial operations
engineering; thus there is no need for me (or for Mr. Angert) to view any specifications or
drawings of the Defendants when disassembling products. We knew exactly how to disassemble
and reassemble the products, and had no need to view Tatung’s specifications or drawings.
Further, our purpose was to analyze the products in view of the claims of the patents—in-suit, thus
we did not need to view any specifications or drawings because we were inspecting the actual
products.
2

Case 1:04-cv-00343-JJF Document 575 Filed O3/12/2007 Page 3 of 4
I declare under penalty of perj my that the foregoing is true and correct.
Executed this 12th day of March, 2007.
re . Auito
DC:50466094.l
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Case 1:04-cv-00343-JJF Document 575 Filed O3/12/2007 Page 4 of 4
CERTIFICATE OF SERVICE
The undersigned counsel certifies that, on March 12, 2007, he electronically filed
the foregoing document with the Clerk of the Court using CM/ECE, which will send
automatic notification of the filing to the following:
Jeffrey B Bove, Esq. Frederick L. Cottrell, III, Esq.
Jaclyn M. Mason, Esq. Anne Shea Gaza, Esq.
Connolly Bove Lodge & Hutz LLP Richards, Layton & Finger
1007 North Orange Street One Rodney Square
P.O. Box 2207 P.O. Box 551
Wilmington, Delaware 19899-2207 Wilmington, DE 19899
The undersigned counsel further certifies that copies of the foregoing document
were sent by email to the above counsel on March 12, 2007, and will be sent by hand on
March 12, 2007, and were sent by email on March 12, 2007, and will be sent by first
class mail on March 12, 2007, to the following non—-registered participants:
Scott R. Miller, Esq. Valerie Ho, Esq.
Connolly Bove Lodge & Hutz LLP Mark H. Krietzman, Esq.
355 South Grand Avenue Frank C. Merideth, Jr., Esq.
Suite 3150 Greenberg Trauri g LLP
Los Angeles, CA 90071 2450 Colorado Avenue, Suite 400E
Santa Monica, CA 90404
Tracy Roman, Esq.
Raskin Peter Rubin & Simon LLP
1801 Century Park East, Suite 2300
Los Angeles, CA 90067
/s/ Richard D. Kirk grk922[
Richard D. Kirk
571447-l

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