Free Declaration - District Court of Delaware - Delaware

Case 1:07-cv-00090-SLR

Document 45

Filed 09/17/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE MICROSOFT CORPORATION, Plaintiff, v. ALCATEL BUSINESS SYSTEMS and GENESYS TELECOMMUNICATIONS LABORATORIES, INC., Defendants. C.A. No. 07-90-SLR

DECLARATION OF THOMAS L. HALKOWSKI IN SUPPORT OF PLAINTIFF MICROSOFT CORPORATION'S OPPOSITION TO DEFENDANT ALCATEL BUSINESS SYSTEMS' MOTION TO DISQUALIFY FISH & RICHARDSON P.C., AND FOR OTHER SANCTIONS I, Thomas L. Halkowski, declare as follows: 1. I am a Principal of Fish & Richardson P.C., counsel of record in this action for

Microsoft Corporation. I am a member of the Bar of the State of Delaware and of this Court. I have personal knowledge of the matters stated in this declaration and would testify truthfully to them if called upon to do so. 2. Attached hereto as Exhibit 1 is a true and correct copy of Complainant Microsoft

Corporation's First Set of Requests for the Production of Documents and Things (Nos. 1-62) to Respondent Alcatel-Lucent dated March 26, 2007; 3. Attached hereto as Exhibit 2 is a true and correct copy of a letter from David A.

Nelson to Joseph V. Colaianni dated April 13, 2007; 4. Attached hereto as Exhibit 3 is a true and correct copy of Respondent's

Objections and Responses to Complainant Microsoft Corporation's First Set of Requests for Production of Documents and Things (Nos. 1-62) dated April 23, 2007;

Case 1:07-cv-00090-SLR

Document 45

Filed 09/17/2007

Page 2 of 3

5.

Attached hereto as Exhibit 4 is a true and correct copy of a letter from Alliance to

Miercom dated April 20, 2007; 6. 7. business card; 8. G. Elluru; 9. Joshua Pond; 10. Attached hereto as Exhibit 9 is a true and correct copy of the Declaration of Attached hereto as Exhibit 8 is a true and correct copy of the Declaration of Attached hereto as Exhibit 7 is a true and correct copy of the Declaration of Rama Attached hereto as Exhibit 5 is a true and correct copy of a picture of a sign; Attached hereto as Exhibit 6 is a true and correct copy of Rama G. Elluru' s

Ahmed J. Davis; 11. Attached hereto as Exhibit 10 is a true and correct copy of the Declaration of

Professor Bruce A. Green; and 12. Attached hereto as Exhibit 11 is a true and correct copy of the Declaration of W.

William Hodes. I declare under penalty of perjury that the foregoing is true and correct.

Dated: September 17, 2007

/s/ Thomas L. Halkowski Thomas L. Halkowski

80049192.doc

2

Case 1:07-cv-00090-SLR

Document 45

Filed 09/17/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 17th day of September 2007, I electronically filed the attached DECLARATION OF THOMAS L. HALKOWSKI IN SUPPORT OF PLAINTIFF MICROSOFT CORPORATION'S OPPOSITION TO DEFENDANT ALCATEL BUSINESS SYSTEMS' MOTION TO DISQUALIFY FISH & RICHARDSON P.C., AND FOR OTHER SANCTIONS with the Clerk of Court using CM/ECF which will send electronic notification of such filing to the following Delaware counsel. In addition, the filing will also be sent via hand delivery: Jack B. Blumenfeld Maryellen Noreika Morris, Nichols, Arsht & Tunnell LLP Chase Manhattan Centre 1201 North Market Street P.O. Box 1347 Wilmington, DE 19899-1347 Attorneys for Defendants Alcatel Business Systems and Genesys Telecommunications Laboratories, Inc.

I also certify that the document was served on the following via electronic mail: Steven C. Cherny Latham & Watkins LLP 885 Third Avenue, Suite 1000 New York, NY 10022-4834 David A. Nelson Latham & Watkins LLP 233 South Wacker Drive, Suite 5800 Chicago, IL 60606 Attorneys for Defendants Alcatel Business Systems and Genesys Telecommunications Laboratories, Inc.

/s/ Thomas L. Halkowski Thomas L. Halkowski