Free Declaration - District Court of Delaware - Delaware

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE IP CO., LLC, Plaintiff, v. CELLNET TECHNOLOGY, INC., Defendant. Misc. Civil Action No. 1:06-MC-00012 SLR (N.D.Ga. Civil Action No. 1:05-CV-2658-CC)

DECLARATION OF SEAN P. HAYES IN SUPPORT OF THIRD-PARTY LANDIS+GYR INC.'S REPLY IN SUPPORT OF ITS MOTION TO QUASH SUBPOENA I, Sean P. Hayes, declare that I am over twenty-one (21) years of age and am competent to make the following statements based on my personal knowledge: 1. I am an attorney with the law firm of Fish & Richardson P.C., 919 N.

Market Street, Suite 1100, Wilmington, DE 19899-1114, and a member in good standing of the Delaware State Bar. I make this declaration of my own personal knowledge, and if called upon as a witness would competently testify to the facts set forth below. 2. Fish & Richardson, P.C., represents Third-Party Landis+Gyr, Inc.

("L+G") in connection with the subpoena issued from the United States District Court for the District of Delaware by Plaintiff IP Co., LLC ("IPCO") in its litigation with Defendant Cellnet Technology, Inc. ("CELLNET") (the "underlying litigation"). 3. Attached as Exhibit A is a true and correct copy of a letter from

CELLNET's counsel, Noah C. Graubart ("Graubart"), to IPCO's counsel, Antony L. Sanacory ("Sanacory"), dated February 17, 2006.
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4.

Attached as Exhibit B is a true and correct copy of a letter from IPCO' s

counsel, John C. Herman, to CELLNET' s counsel, Nagendra Setty, dated February 1, 2006. 5. Attached as Exhibit C is a true and correct copy of a letter from Graubart

to Sanacory dated February 9, 2006. 6. Attached as Exhibit D is a true and correct copy of a letter from Sanacory

to Graubart dated February 10, 2006. 7. Attached as Exhibit E is a true and correct copy of IPCO' s First Set of

Requests for Production of Documents to Cellnet dated December 22, 2005. 8. Attached as Exhibit F is a chart comparing the requests served on L+G by

subpoena and the corresponding Request served on Cellnet. 9. Attached as Exhibit G is a true and correct copy of an email from

Sanacory to Graubart dated March 6, 2006. 10. Attached as Exhibit H is a true and correct copy of a letter from Graubart

to Sanacory dated March 6, 2006. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

Executed on March 6, 2006.

/s/ Sean P. Hayes Sean P. Hayes (ID No. 4413) 2

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