Free Declaration - District Court of Delaware - Delaware

. Case 1:07-cv-00137-SLR Document 50 Filed 07/19/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SUN OPTICS, INC., )
Plaintiff g
v. g C.A. No. 07-137-SLR
FGX INTERNATIONAL INC., g
Defendant. g
DECLARATION OF ALEC TAYLOR
I, ALEC TAYLOR, state as follows:
1. I am employed by FGX Intemational Inc. ("FGX"), the defendant in the above-
captioned Action. I have been employed continuously by FGX since October, 2005, and I serve
as FGX’s chief executive officer.
2. I am fully familiar with the facts set forth herein, am authorized to make the
statements herein on behalf of F GX, and respectfully submit this declaration in support to FGX’s
Opposition to plaintiffs July 5, 2007 Motion for Leave to File Evidence Arising After Oral
Argument in Support of Plaintiff s Motion for Preliminary Injunction in Sun Optics, Inc. v. F GX
International Inc., CV 07-137 (SLR).
3. In 2004, FGX acquired Magnivision, Inc. ("Magnivision"). Magnivision was
later merged into FGX.
4. Magnivision had sold reading glasses to CVS for many years prior to December
13, 2002, which I am informed is the earliest tiling date of the three patents asserted against
FGX. After acquiring Magnivision, FGX continued the business relationship with CVS, a
relationship which continues to this day.

n Case 1:07-cv-00137-SLR Document 50 Filed 07/19/2007 Page 2 of 2
5. Attached as Exhibit l is a physical sample of one of the Foster Grant eyeglass
cases pictured in plaintiffs Exhibit B.l
6. Attached as Exhibits 2 and 3 are samples of the eyeglass cases accused of
infringing plaintiffs design patents, U.S. Patent Nos. D525,427 and D527, l 80 respectively.
I declare under penalty of perjury that the foregoing is true and correct. Executed on July L5,
2007.
A Alec Taylor
I Physical samples of the exhibits will be submitted to the Court and to opposing counsel.
2

Case 1 :07-cv—00137-SLB Document 50-2 Filed 07/19/2007 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SUN OPTICS INC., )
)
Plaintiil] )
)
v. ) C.A. No. 07-137-SLR
)
FGX INTERNATIONAL INC., )
)
Defendant. )
CERTIFICATE OF SERVICE
I, Sandra G. M. Selzer, being duly sworn according to law, deposes and says that I am
employed by Greenberg T raurig, LLP, which is counsel for FGX International, Inc. and hereby
certify that on the 19th day of July 2007, I caused copies of the following to be served upon the
parties listed below in the manned indicated.
• Opposition to Plaintift"s Motion for leave to File Evidence Arising After Oral
Arguments in Support ot`Plaintiff`s Motion for Preliminary Iniunction [Docket No.
49]
• Declaration of Alec Taylor [Docket No. 50]
Wa Hand Delivery Via U.S. Mail
R. Eric Htttz, Esq. Chad E. Nydegger
Connolly Bove Lodge & Hutz, LLP Larry R. Laycock
The Nemours Building Workman Nydegger
1007 North Orange Street 1000 Eagle Gate Tower
Wilmington, Delaware 19801 60 East South Temple
Salt Lake City, UT 84111
Dated: July 19, 2007 GREENBERG TRAURIG, LLP
1 I5 .
Q j/ ”_. g,
Sandra G. M. Selzer (No. 42 3)
The Nemours Building
1007 North Orange Street, Suite 1200
Wilmington, DE 19801
302-661-7000
DEL 86167995vS 7/19/2007