Case: 3:11-cv-00178-bbc Document #: 507 Filed: 11/15/12 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN APPLE INC., Plaintiff, v. Hon. Barbara B. Crabb MOTOROLA MOBILITY, INC. Defendant. Case No. 11-cv-178 (BBC)

DECLARATION OF SAMUEL F. ERNST IN SUPPORT OF APPLES REPLY REGARDING THE PROPER FORM OF ANY DISMISSAL

Case: 3:11-cv-00178-bbc Document #: 507 Filed: 11/15/12 Page 2 of 3 I, Samuel Ernst, hereby declare: I am a partner at the law firm of Covington & Burling LLP, counsel of record for Apple Inc. (Apple) in the above-captioned matter. The matters referenced in this declaration are based on personal knowledge and if called as a witness I could, and would, testify competently to these matters. I. Declaration Exhibits 1. Attached hereto as Exhibit 1 is a true and correct copy of a letter from Bruce

Sewell to Kent Walker dated Nov. 8, 2012. 2. Attached hereto as Exhibit 2 is a true and correct copy of a letter from Kent

Walker to Bruce Sewell dated Nov. 13, 2012. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct to the best of my knowledge and belief.

Executed on November 15, 2012.

By: /s/ Samuel F. Ernst Samuel F. Ernst (CA Bar No. 223963) sernst@cov.com COVINGTON & BURLING LLP One Front Street San Francisco, CA 94111-5356 Telephone: (415) 591-6000 Facsimile: (415) 591-6091

Case: 3:11-cv-00178-bbc Document #: 507 Filed: 11/15/12 Page 3 of 3 CERTIFICATE OF SERVICE I, Samuel Ernst, an attorney, do hereby certify that I caused a copy of the foregoing to be electronically filed with the Court and served on all parties on November 15, 2012 using the Courts electronic case filing system.

By: /s/ Samuel F. Ernst Samuel F. Ernst

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EXHIBIT 1

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EXHIBIT 2

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