Free Declaration - District Court of Delaware - Delaware

Case 1:O4—cv—OO343-JJF Document 541 Filed O3/06/2007 Page 1 of 3
iN THE t.ENl'i`ED S'i`A'l`ES I)`IS"I`RiC"i` COURT
FOR THE I}IS'l`RlC'l` OF l)iiLAWri\RE
I..€}.Piii`iLEPS LCE) CO., LTD., {
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V i Civil Action No. 04~343~.l.lF
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"f`A"i`IiNC} COI\d?ANY; 'I`ATLlNG §
COMFANY OF AMERICA, INC.; and :
VlEWSONEC CORl”ORA"l`i`Oi\i, I
Defendants. ’
BECLAELATEON OF It/IATTFIICW T. BAILEY
I, Matthew T. Bailey, deciare under penalty of perjury as follows:
I. i am a Partner with the law firm of McKenna Long & Aidridge LLP, I900 K
Street, NSW., Washington, D.C. 20006. I am admitted pro imc vice in this case. I joined
Mclienna Long & Aldridge LLP (‘“M.LA’”) in September 2002.
2. i ain aware ofthe Protective Order entered in this case and fully understand that
the Protective Order prohibits MLA attorneys from having access to Highly Sensitive
Conlidential information if such attorneys:
(l) 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
invoiving (i) flat panel or flat panel display technology or (ii)
technology reiated or referring to or incorporating flat panels or
fiat panel displays.
3. I have not participated in, directed, or supervised any patent prosecution activity
related to the l’atcnts—in—Suit. Alter the issuance ofthe patents in Dceernber 2002 and prior to
this litiation being fiied and prior to my receiving any Highly Sensitive Coniidential documents
or information from the Defendants in this case, i may have signed for one of my partners certain
filings in certain continuation apptications. However, I had no substantive rcsponsibiiity lor

Case 1 :04-cv-00343-JJF Document 541 Filed O3/06/2007 Page 2 of 3
these tiiings and had only a ministerial role in signing for one of my colleagues, who was
unavailable to sign the tiling on the due date.
4. In accordance with the Protective Grder, l do not currently participate in, direct.
or supervise patent prosecution activity involving (i) Hat panel or flat. panel display technology or
{ii) technology related or referring to or incorporating fiat panels or flat panel displays. Although
I prosecute patents and supervise associates who prosecute patents, I do not do so in the area of
flat panel display technology.
5. The Tatung Defendants raised a speciiic concern with my supervision of Jennifer
Davis, an associate in our Intellectual Property Department. I supervise Ms. Davis and have
discussed this matter with her. Ms. Davis has not participated in, directed or supervised any
patent prosecution activity related to the Patents—it1~Suit. ln accordance with the Protective
Order, lx/Is. Davis also does not currently participate in, direct, or supervise any patent
prosecution activity involving (i) flat panel or llat panel display technology or (ii) technology
related or referring to or incorporating tlat panels or fiat panel displays. lf Ms. Davis was
involved in such activity, I would know about it as a Partner in this `Departrnent.
6. It is well known among those registered patent attorneys working on patent
prosecution matters in this oftice that this lirni handles litigation cases with protective orders in
place that prohibit those registered patent attorneys frorn seeing any Highly Sensitive
Contidcntial litigation documents or from discussing these materials with the litigators. l have
not discussed with or provided access to any registered patent attorney in the area of flat panel
display technology any I-iighly Sensitive Confidential information or discovery front this case. I
have fully complied with the Protective Order in this case, and it is my belief that the associates
in my Department also have fully complied with the Protective Order.
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Case 1 :04-cv-00343-JJF Document 541 Filed O3/06/2007 Page 3 of 3
7. The I? Dcpartrnent has set procedures in place for the handling ofall litigation
znatcrials that are rnarlted lrlighly Sensitive C oniidentiai pursuant to a Protective Order in a case.
First, ali iitigators on the case are instructed to read. nnderstand, and abide by the Protective
Order in the case and are specifically told that only attorneys working on the case and who do
not prosecute patents in the area of tlat panel technology are permitted access to Highly Sensitive
Confidential documents or information. Second, all documents produced by the Defendants are
loaded onto our Surnntation database. That database is password protected, and passwords are
only given to Eitigators working on this case and not to any patent prosecutors in the area ottlat
panel display technology. The Defendants have primarily produced documents in this case on a
cd, and those cds are maintained by our paraiegal in a locked tile cabinet. Third, litigation tiles
are kept in litigation vvorkrooins that are separate from the patent prosecution files. Ail boxes
and tile cabinets containing Highly Sensitive Confidential documents have been iabeled as
containing such documents. Fourth, emails containing any Eelighly Sensitive Contidcntiai
information are circulated oniy to personnel authorized to review that information.
l declare under penalty ofperjury that the foregoing is titre and correct.
Executed this 6th day of March, 2007.
aaff
attlttevv I. Bailey Q
i.}(`iS0~t65€)54.2 ERK
R

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