Free Redacted Document - District Court of Delaware - Delaware

Case 1:06-cv-00028-SLR-LPS

Document 245

Filed 02/20/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE MCKESSON AUTOMATION, INC., Plaintiff, v. SWISSLOG ITALIA S.P.A. and TRANSLOGIC CORPORATION, Defendants. ) ) ) ) ) C.A. No. 06-028 (SLR/LPS) ) ) PUBLIC VERSION ) February 20, 2008 ) ORIGINAL VERSION ) February 15, 2008

REPLY DECLARATION OF LAWRENCE C. DRUCKER IN FURTHER SUPPORT OF DEFENDANTS' RULE 12(B)(1) MOTION TO DISMISS I, Lawrence C. Drucker, declare as follows: 1. I am a member of Dickstein Shapiro, LLP and am one of the attorneys for

defendants Translogic Corp. ("Translogic") and Swisslog Italia S. p. A. ("Swisslog") (together, "Defendants") As such, I am fully familiar with the facts and circumstances set forth herein. I submit this declaration in support of defendants' motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(1) on the grounds that plaintiff McKesson Automation, Inc. ("McKesson") lacks standing to sue due to lack of ownership of the rights to the patents-in-suit. 2. REDACTED

Case 1:06-cv-00028-SLR-LPS

Document 245

Filed 02/20/2008

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Case 1:06-cv-00028-SLR-LPS

Document 245

Filed 02/20/2008

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CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on February 20, 2008 I electronically filed the foregoing with the Clerk of the Court using CM/ECF which will send notification of such filing to the following: Dale R. Dubé, Esquire Blank Rome LLP Additionally, I hereby certify that true and correct copies of the foregoing were caused to be served on February 20, 2008 upon the following individuals in the manner indicated BY E-MAIL Dale R. Dubé, Esquire Blank Rome LLP Chase Manhattan Centre 1201 Market Street, Suite 800 Wilmington, DE 19801 Blair M. Jacobs, Esquire Sutherland Asbill & Brennan LLP 1275 Pennsylvania Avenue, NW Washington, DC 20004

/s/ Julia Heaney (#3052)
Julia Heaney (#3052) [email protected]