MINGRONE DECL. ISO SYNOPSYS, INC.’S

MOTION FOR SANCTIONS 

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ORRICK, HERRINGTON &

SUTCLIFFE LLP 

ATTORNEYS AT LAW

SILICON VALLEY

DENISE M. MINGRONE (STATE BAR NO. 135224) 

dmingrone@orrick.com 

ROBERT L. URIARTE (STATE BAR NO. 258274) 

ruriarte@orrick.com 

ORRICK, HERRINGTON & SUTCLIFFE LLP 

1000 Marsh Road 

Menlo Park, CA 94025-1015 

Telephone: +1 650 614 7400 

Facsimile: +1 650 614 7401 

CLAUDIA WILSON FROST (Pro Hac Vice) 

cfrost@orrick.com 

ORRICK, HERRINGTON & SUTCLIFFE LLP 

609 Main Street, 40th Floor 

Houston, TX 77002-3106 

Telephone: +1 713 658 6460 

Facsimile: +1 713 658 6401 

Attorneys for Plaintiff 

SYNOPSYS, INC. 

IN THE UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

SYNOPSYS, INC., 

 Plaintiff, 

 v. 

UBIQUITI NETWORKS, INC., UBIQUITI 

NETWORKS INTERNATIONAL LIMITED, 

CHING-HAN TSAI, and DOES 1-20, 

inclusive, 

Defendants. 

Case No. 3:17-cv-00561-WHO 

DECLARATION OF DENISE M. 

MINGRONE IN SUPPORT OF 

SYNOPSYS, INC.’S MOTION FOR 

SANCTIONS FOR SPOLIATION 

Date: November 7, 2018 

Time: 2:00 p.m. 

Dept: Courtroom 2, 17th Floor 

Judge: Hon. William H. Orrick 

UBIQUITI NETWORKS, INC. AND 

UBIQUITI NETWORKS 

INTERNATIONAL LIMITED, 

 Counterclaimants, 

 v. 

SYNOPSYS, INC., 

 Counterdefendant. 
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MINGRONE DECL. ISO SYNOPSYS, INC.’S

MOTION FOR SANCTIONS 

3:17-CV-00561-WHO 

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ATTORNEYS AT LAW

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I, Denise M. Mingrone, declare as follows: 

1. I am a member of the California State Bar, admitted to practice before this Court, 

and am a partner at the law firm of Orrick, Herrington & Sutcliffe LLP, counsel of record for 

Plaintiff Synopsys, Inc. (“Synopsys”) in this matter. I have personal knowledge of the facts 

stated in this declaration, except as to those facts stated on information and belief, which I believe 

to be true. I could and would testify competently to the matters stated herein. 

2. Synopsys sought to secure Defendants’ compliance with its discovery obligations 

without Court intervention, but unfortunately Synopsys was unable to do so. For example, 

Synopsys served discovery requests, sent follow-up letters, and sought Court assistance from 

Magistrate Judge Beeler to obtain evidence that is subject to Synopsys’ Motion for Sanctions, as 

outlined in the Synopsys Discovery Timeline attached hereto as Exhibit F. 

3. Synopsys outlined the allegations that form much of the factual bases for its 

Motion for Sanctions in its Third Amended Complaint (ECF No. 211) and the Motion for Leave 

to File Third Amended Complaint (ECF No. 187-11, Ex. UU). 

4. I emailed Ubiquiti’s and UNIL’s lead counsel, Ms. Taylor, about Synopsys’ plan 

to file a motion for sanctions on July 3, 2018. Ms. Taylor and I subsequently corresponded about 

the motion on July 13 and July 17, during which correspondence the parties agreed that there was 

no deadline to file the Motion for Sanctions. 

5. Attached hereto as Exhibit A is a true and correct copy of an email chain between 

Hartley Nisenbaum and Josh Huang dated June 8, 2018 regarding Mr. Huang’s termination from 

Ubiquiti, produced in this matter as UBNT00136540-UBNT00136542. [FILED 

PROVISIONALLY UNDER SEAL]

6. Included as Exhibit B is a true and correct copy of a document titled 

“SNPS00000001.csv” which constitutes Synopsys’ “call-home” data produced in this matter as 

SNPS00000001. Due to the size and electronic format of the exhibit, it has been filed manually 

with the court pursuant to Synopsys’ Manual Filing Notification (ECF No. 240). [FILED 

PROVISIONALLY UNDER SEAL]

7. Attached hereto as Exhibit C is a true and correct copy of excerpts from the 
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deposition of Rajendra Kundapur taken in this matter on February 2, 2018. [FILED 

PROVISIONALLY UNDER SEAL]

8. Included as Exhibit D is a true and correct copy of the Initial Report of Daniel E. 

Roffman and Appendices A-AT thereto, Synopsys’ computer forensics expert, served in this 

matter on August 3, 2018. Due to the size and electronic format of the exhibit, it has been filed 

manually with the court pursuant to Synopsys’ Manual Filing Notification (ECF No. 240). 

[FILED PROVISIONALLY UNDER SEAL]

9. Attached hereto as Exhibit E is a true and correct copy of excerpts from 

Defendant Ubiquiti Networks, Inc.’s Amended Response to Synopsys, Inc.’s Second Set of 

Interrogatories, served in this matter on July 9, 2018. [FILED PROVISIONALLY UNDER 

SEAL]

10. Attached hereto as Exhibit G is a true and correct copy of excerpts from 

Defendant Ubiquiti Networks International Limited’s Third Amended Responses to Synopsys, 

Inc.’s Second Set of Interrogatories, served in this matter on July 27, 2018. [FILED 

PROVISIONALLY UNDER SEAL]

11. Attached hereto as Exhibit H is a true and correct copy of Defendant Ching-Han 

Tsai’s Objections and Response to Synopsys Inc.’s Second Set of Interrogatories, served in this 

matter on March 2, 2018. [FILED PROVISIONALLY UNDER SEAL]

12. Attached hereto as Exhibit I is a true and correct copy of excerpts from the Expert 

Report of Dr. Stephen Edwards, Synopsys’ source code expert, served in this matter on August 3, 

2018. Synopsys has provided excerpts due to the volume of the report and small number of pages 

cited, but can provide the entire report should the Court desire. [FILED PROVISIONALLY 

UNDER SEAL]

13. Attached hereto as Exhibit J is a true and correct copy of excerpts from the 

deposition transcript of Daniel E. Roffman taken in this matter on September 5, 2018. [FILED 

PROVISIONALLY UNDER SEAL]

14. Attached hereto as Exhibit K is a true and correct copy of excerpts from the 

deposition transcript of Rajendra Kundapur taken in this matter on July 18, 2018. [FILED 
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15. Attached hereto as Exhibit L is a true and correct copy of excerpts from the 

Expert Report of James E. Malackowski, Synopsys’ damages expert, served in this matter on 

August 3, 2018 and subsequently updated with the edits from Mr. Malackowski’s errata 

interlineated. Synopsys can provide the original report and errata without the edits interlineated 

should the Court desire. Additionally, Synopsys has provided excerpts due to the volume of the 

report and small number of pages cited, but can provide the entire report should the Court desire. 

16. Attached hereto as Exhibit M is a true and correct copy of excerpts from the 

Amended Expert Report of Dr. Stuart G. Stubblebine Regarding Licensing, Call-Home, and 

Related Functionality Within Synopsys, Inc.’s Electronic Design Automation Tools, Ubiquiti’s 

source code expert, served in this matter on August 6, 2018. Synopsys has provided excerpts due 

to the volume of the report and small number of pages cited, but can provide the entire report 

should the Court desire. [FILED PROVISIONALLY UNDER SEAL]

17. Attached hereto as Exhibit N is a true and correct copy of an instant messaging 

conversation between Sheng-Feng Wang and Ching-Han Tsai dated May 17, 2016, produced in 

this matter as UBNT00021344. 

18. Attached hereto as Exhibit O is a true and correct copy of Ubiquiti Networks, 

Inc.’s FQ1 2017 Earnings Call Transcript, produced in this matter as SNPS00014075-

SNPS00014082. 

19. Attached hereto as Exhibit P is a true and correct copy of a certified translation of 

Skype chat messages between Ching-Han Tsai and Ya-Chau Yang marked as Exhibit 115 to the 

deposition of Ching-Han Tsai in this matter. [FILED PROVISIONALLY UNDER SEAL]

20. Attached hereto as Exhibit Q is a true and correct copy of excerpts from the 

deposition of William Bergman taken in this matter on April 4, 2018. 

21. Attached hereto as Exhibit R is a true and correct copy of an Evaluation 

Agreement between Ubiquiti Networks, Inc. and Synopsys, Inc. dated November 26, 2013, 

produced in this matter as SNPS00000221-SNPS00000223. 

22. Attached hereto as Exhibit S is a true and correct copy of an email from Eric Chen 
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ATTORNEYS AT LAW

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of ITCA to Robert Pera, Hayley Nivelle, and Hartley Nisenbaum dated May 10, 2016 

transmitting a letter titled “Re: SYNOPSYS Software Infringement” (the “ITCA Notice”), 

produced in this matter as UBNT00019677-UBNT00019680. [FILED PROVISIONALLY 

UNDER SEAL]

23. Attached hereto as Exhibit T is a true and correct copy of an email chain between 

Huub van Buchem of ITCA and Hartley Nisenbaum of Ubiquiti dated August 5, 2016 regarding 

the ITCA notice, produced in this matter as UBNT00019469-UBNT00019492. [FILED 

PROVISIONALLY UNDER SEAL]

24. Attached hereto as Exhibit U is a true and correct copy of an email chain between 

Huub van Buchem of ITCA and Hartley Nisenbaum of Ubiquiti dated June 20, 2016 regarding 

the ITCA notice, produced in this matter as UBNT00019449-UBNT00019461. [FILED 

PROVISIONALLY UNDER SEAL]

25. Attached hereto as Exhibit V is a true and correct copy of excerpts from 

Synopsys, Inc.’s First Set of Requests for Production to Ubiquiti Networks, Inc. (Nos. 1-73), 

served in this matter on May 12, 2017. 

26. Attached hereto as Exhibit W is a true and correct copy of excerpts from 

Synopsys, Inc.’s First Set of Requests for Production to Ubiquiti Networks International, Limited 

(Nos. 1-73), served in this matter on May 12, 2017. 

27. Attached hereto as Exhibit X is a true and correct copy of Synopsys, Inc.’s First 

Set of Requests to Ubiquiti Networks, Inc. to Permit Inspection and Copying of Electronically 

Stored Information and Tangible Things, served in this matter on September 8, 2017. 

28. Attached hereto as Exhibit Y is a true and correct copy of Synopsys, Inc.’s First 

Set of Requests to Ubiquiti Networks International Limited to Permit Inspection and Copying of 

Electronically Stored Information and Tangible Things, served in this matter September 8, 2017. 

29. Attached hereto as Exhibit Z is a true and correct copy of an email chain between 

Hartley Nisenbaum and James Lian dated June 5, 2018 regarding Mr. Lian’s termination from 

Ubiquiti, produced in this matter as UBNT00136539. [FILED PROVISIONALLY UNDER 

SEAL]
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30. Attached hereto as Exhibit AA is a true and correct copy of an email from Hartley 

Nisenbaum to Ching-Han Tsai dated June 5, 2018 regarding Mr. Tsai’s termination from 

Ubiquiti, produced in this matter as UBNT00136452. [FILED PROVISIONALLY UNDER 

SEAL]

31. Attached hereto as Exhibit BB is a true and correct copy of an email from Hartley 

Nisenbaum to Ya-Chau Yang dated June 5, 2018 regarding Mr. Yang’s termination from 

Ubiquiti, produced in this matter as UBNT00136456. [FILED PROVISIONALLY UNDER 

SEAL]

32. Attached hereto as Exhibit CC is a true and correct copy of an email from Hartley 

Nisenbaum to Chang-Ching Yang dated June 5, 2018 regarding Mr. Yang’s termination from 

Ubiquiti and a proposed consulting opportunity, produced in this matter as UBNT00136451. 

[FILED PROVISIONALLY UNDER SEAL]

33. Attached hereto as Exhibit DD is a true and correct copy of excerpts from the 

deposition transcript of Ching-Han Tsai, taken in this matter on April 15, 2018. [FILED 

PROVISIONALLY UNDER SEAL]

34. Attached hereto as Exhibit EE is a true and correct copy of excerpts from the 

deposition transcript of Sheng-Feng Wang, taken in this matter on April 13, 2018. [FILED 

PROVISIONALLY UNDER SEAL]

35. Attached hereto as Exhibit FF is a true and correct copy of excerpts from the 

Rebuttal Report of Kevin Faulkner, Ubiquiti’s computer forensics expert, served in this matter on 

August 24, 2018. Synopsys has provided excerpts due to the volume of the report and small 

number of pages cited, but can provide the entire report should the Court desire. [FILED 

PROVISIONALLY UNDER SEAL]

36. Attached hereto as Exhibit GG is a true and correct copy of excerpts from the 

deposition transcript of Hartley Nisenbaum, taken in this matter on April 25, 2018. 

37. Attached hereto as Exhibit HH is a true and correct copy of excerpts from the 

deposition transcript of Kevin Radigan, taken in this matter on April 27, 2018. 

38. Attached hereto as Exhibit II is a true and correct copy of an instant messaging 
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ATTORNEYS AT LAW

SILICON VALLEY

conversation between Ching-Han Tsai and Hua-Lin Hsu dated May 13, 2016, produced in this 

matter as UBNT00021630. [FILED PROVISIONALLY UNDER SEAL]

39. Attached hereto as Exhibit JJ is a true and correct copy of excerpts from the 

30(b)(6) deposition transcript of Ubiquiti Networks, Inc. and Ubiquiti Networks International 

Limited through its designee Scott Kinnersley, taken in this matter on June 26, 2018. [FILED 

PROVISIONALLY UNDER SEAL]

40. Attached hereto as Exhibit KK is a true and correct copy of an email from ChingHan Tsai to Andre Lee, James Lian, and Josh Huang forwarding an email from Hartley 

Nisenbaum regarding the ITCA Notice dated May 11, 2016, produced in this matter as 

UBNT00014562-UBNT00014563. [FILED PROVISIONALLY UNDER SEAL]

41. Attached hereto as Exhibit LL is a true and correct copy of excerpts from the 

30(b)(6) deposition transcript of Ubiquiti Networks International Limited through its designee 

Kevin Radigan, taken in this matter on July 10, 2018. 

42. Attached hereto as Exhibit MM is a true and correct copy of a webpage from the 

CCleaner website titled Can data cleaned by CCleaner be recovered?, available at 

https://www.ccleaner.com/docs/ccleaner/introducing-ccleaner/can-data-cleaned-by-ccleaner-berecovered. 

43. Attached hereto as Exhibit NN is a true and correct copy of a webpage from the 

AVG website titled Using AVG Shredder, available at 

https://support.avg.com/SupportArticleView?l=en&urlname=What-is-AVG-File-Shredder-andhow-to-use-it. 

44. Attached hereto as Exhibit OO is a true and correct copy of Ubiquiti and UNIL’s 

Opposition to Synopsys’ Motion for Leave to File Third Amended Complaint (ECF No. 195). 

45. Attached hereto as Exhibit PP is a true and correct copy of the Declaration of 

Hartley Nisenbaum in Support of Ubiquiti and UNIL’s Opposition to Synopsys’ Motion for 

Leave to File Third Amended Complaint (ECF No. 195-9). 

46. Attached hereto as Exhibit QQ is a true and correct copy of Ubiquiti and UNIL’s 

Answer to Third Amended Complaint (ECF 221). 
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47. Attached hereto as Exhibit RR is a true and correct copy of Judge Beeler’s 

January 29, 2018 Order that Taiwanese Computers are Not Per Se Outside the Scope of 

Discovery (ECF No. 123). 

48. Attached hereto as Exhibit SS is a true and correct copy of Ubiquiti, UNIL, and 

Tsai’s Brief in Opposition to Synopsys’ Requests for Inspection (ECF No. 105). 

49. Attached hereto as Exhibit TT is a true and correct copy of the Declaration of 

Ching-Han Tsai in Support of Defendants’ Opposition to Synopsys’ Requests for Inspection 

(ECF No. 105-5). 

50. Attached hereto as Exhibit UU is a true and correct copy of Synopsys’ Motion for 

Leave to File Third Amended Complaint (ECF No. 187-11). 

51. Attached hereto as Exhibit VV is a true and correct copy of the parties’ Joint 

Letter Brief Regarding Synopsys’ Motion to Compel Forensic Inspection (ECF No. 99). 

52. Attached hereto as Exhibit WW is a true and correct copy of Judge Beeler’s Order 

on Discovery Disputes Regarding Forensic Inspections of Defendants’ Computers (ECF No. 

136). 

53. Attached hereto as Exhibit XX is a true and correct copy of Judge Beeler’s 

Standing Order (ECF No. 104-1). 

54. Attached hereto as Exhibit YY is a true and correct copy of the Declaration of 

Sahin Nazarian in Support of Defendants’ Opposition to Synopsys’ Requests for Inspection (ECF 

No. 105-1). 

55. Attached hereto as Exhibit ZZ is a true and correct copy of an email chain 

between Ching-Han Tsai and Sheng-Feng Wang dated December 2, 2014 regarding remote 

installation of tools on Wang’s laptop, produced in this matter as UBNT00021358-

UBNT00021360. [FILED PROVISIONALLY UNDER SEAL]

I declare under penalty of perjury under the laws of the United States that the foregoing is 

true and correct. Executed this 3rd day of October, 2018 at Menlo Park, California. 

 /s/ Denise M. Mingrone 

DENISE M. MINGRONE