Free Declaration - District Court of Delaware - Delaware

Case 1 :07-cv-00137-SLR Document 47 Filed 06/12/2007 Page 1 of 2
. R. ERIC HUTZ (#2702)
f CONNOLLY BOVE LODGE & HUTZ, LLP
. Attomeys for Plaintiff
The Nemours Building
. 1007 N. Orange Street
- Wilmington, DE 19899
Phone (302) 658-9141
LARRY R. LAYCOCK (pro hac vice)
· CHAD E. NYDEGGER (pro hczc vice)
WORKMAN NYDEGGER
1000 Eagle Gate Tower
60 East South Temple
Salt Lake City, UT 84111
Telephone: (801) 533-9800
Attorneys for Plaintiff
SUN OPTICS, INC.
UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF DELAWARE
SUN OPTICS, INC., a Utah Corporation, ) _ _ _
) Civil Action No. 1:07cv137-SLR
Plaintiff, g _
v_ ) DECLARATION OF BRUCE RAILE
)
PGX INTERNATIONAL, INC., a Delaware )
Corporation, g
Defendant. g
-
Bruce Raile, declarant herein, declares as follows: - i
1. I am a citizen of the United States, am over the age of 21, and am competent to
testify to the matters set forth herein.
2. I am the President, CEO, and co—founder of Sun Optics, Inc. ("Sun Optics"),
Plaintiff in the above-captioned matter.

Case 1:07-cv-00137-SLR Document 47 Filed 06/12/2007 Page 2 of 2
3. A picture of Sun Optics’s "extenuated band" design for reading glasses is attached
hereto as Exhibit A. Sun Optics’s first order for the "extenuated band" case was placed with our
foreign manufacturer on October 28, 2003, and was shipped on December 5, 2003.
4. The "extenuated band" case for reading glasses was first sold to Rite Aid in
approximately March 2004. Attached hereto as Exhibit B is a true and correct copy of email
communications on March 15 and 16, 2004, concerning the first sales of the "extenuated band"
case to Rite Aid.
5. Sun Optics did not sell the "extenuated band" case to Rite Aid, or to anyone else,
prior to May 20, 2003.
6. Sun Optics has recently learned that 3 of our current Distributors in the Optical
Market are now also selling the "Private Eyes" product.
I have read the foregoing declaration and declare under penalties of perjury that the
contents thereof are true and correct of my own personal knowledge.
Dated this / fr da of May, 2007.
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