Free Declaration - District Court of Delaware - Delaware

Case 1 :O7—cv-00049-JJF Document 18 Filed O4/20/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
FCI USA, INC. and g
FCI AMERICAS TECHNOLOGY, H\IC., )
Plaintiffs, g
) Civil Action No. 1:07-CV-00049 (JJF)
v.
)
MOLEX INCORPORATED, ;
Defendant. g
)
SUPPLEMENTAL DECLARATION OF M. RICHARD PAGE
IN SUPPORT OF FCI’S OPPOSITION TO MOLEX’S
MOTION TO DISMISS, STAY OR TRANSFER
l, M. Richard Page, hereby declare as follows:
l. I am the same M. Richard Page who submitted a prior Declaration in support of
FCl’s opposition to Molex’s motion to dismiss, stay or transfer the above-captioned case.
2. I have reviewed Molex’s reply brief in support of its motion, and I disagree with
Molex’s contention at page 8 that "Molex sent no communication to Plaintiffs which could be
reasonably interpreted to have ‘misled’ Plaintiffs, and Plaintiffs cite nothing to the contrary."
3. On January 12, 2007, after a few days of silence from Molex, I e—mailed Chuck
Cohen to inquire as to when FCI could expect a response to FCI’s offer.
4. On January 15, 2007, Mr. Cohen replied to my e-mail stating that Molex was
continuing to look into the various issues and hoped to respond shortly, but did not have a
specific timeframe due to travel schedules.

Case 1:O7—cv-00049-JJF Document 18 Filed O4/20/2007 Page 2 of 3
5. Based on Mr. Cohen’s January 15, 2007 e—mai1, I believed that Molex was still
considering the terms of FCI’s offer and was expecting further negotiation. During this time, I
did not receive any indication from Mr. Cohen or Molex that the discussions were unproductive
or at an impasse.
6. On January 24, 2007, I e—mailed Mr. Cohen complaining that Molex’s response
was taking too long. Then, only on January 25, 2007, the same day it filed its declaratory
judgment complaint in Nevada, did Molex inform FCI in an e—mail from Molex’s CEO to FCI’s
CEO that discussions on the I-Trac connector were purportedly at an impasse.
I declare under penalty of perjury that the forgoing is true and correct.
r t
Dated: April 19, 2007
M. Richard Pa
2

Case 1:O7—cv-00049-JJF Document 18 Filed O4/20/2007 Page 3 of 3
CERTIFICATE OF SERVICE
I hereby certify that on April 20, 2007, I electronically filed the foregoing
document with the Clerk of the Court using CM/ECP which will send notification of such filing
to the following:
Adam W. Poff
YOUNG, CONAWAY, STARGATT
& TAYLOR LLP
Additionally, I hereby certify that true and correct copies of the foregoing were caused to be
served on April 20, 2007 upon the following individuals in the manner indicated:
BY E-MAIL
Josy W. Ingersoll
Adam W. Poff
YOUNG, CONAWAY, STARGATT
& TAYLOR LLP
The Brandywine Building,
1000 West Street, 17th Floor
Wilmington, DE 19899-0391
John W. Kozak
Dennis R. Schlemmer
Caryn C. Borg-Breen
LEYDIG, VOIT & MAYER, LTD.
Two Prudential Plaza, Suite 4900
180 N. Stetson Avenue
Chicago, IL 60601-6780
/s/ Thomas C. Qrimm
Thomas C. Grimm (#1098)
[email protected]
805643