Free Redacted Document - District Court of Delaware - Delaware

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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 BRYAN N. DEMATTEO IN FURTHER SUPPORT OF DEFENDANTS' RULE 12(B)(1) MOTION TO DISMISS I, Bryan N. DeMatteo, declare as follows: 1. I am associated with the law firm Dickstein Shapiro LLP, counsel of record for

Defendants Swisslog Italia S.p.A and Translogic Corporation (collectively "Defendants"). I make this reply declaration in further support of Defendants' Swisslog Italia's ("Swisslog") and Translogic Corporation's ("Translogic") Rule 12(b)(1) Motion to Dismiss. I have personal knowledge of the facts set forth herein, and if called to testify, could and would certify competently hereto. 2. Attached as Exhibit J is a true and correct copy of excerpts from the deposition

transcript of Frank Demmler, dated January 17, 2008. 3. Attached as Exhibit K is a true and correct copy of excerpts from the deposition

transcript of Marlin Stephen Heilman, dated January 17, 2008. 4. Attached as Exhibit L are true and correct copies of unsigned affidavits provided

by McKesson to Messrs. Demmler and Heilman, both of which were produced by McKesson as documents bearing bates range M0480865-M0480867 and M0480935-M0480937, respectively.

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5.

Attached as Exhibit M is a true and correct copy of a March 8, 1996 letter from

David A. Nelson, which was produced by McKesson as a document bearing bates range M0168077-M0168083. 6. Attached as Exhibit N is a true and correct copy of Demmler Exhibit 1, which was

produced by McKesson as a document bearing bates range M0474908-M0474913. 7. Attached as Exhibit O is a true and correct copy of an October 12, 2007 letter

from opposing counsel. 8. Attached as Exhibit P is a true and correct copy of excerpts from the deposition

transcript of Sean McDonald, dated August 30, 2007. 9. Attached as Exhibit Q is a true and correct copy of pertinent portions of a due

diligence folder produced by McKesson as a document bearing bates range M0143186M0143797. 10. Attached as Exhibit R is a true and correct copy of a June 27, 1990 term sheet

produced by Dr. Heilman as a document bearing bates range SH000426-SH000440. 11. Attached as Exhibit S is a true and correct copy of a June 27, 1990 letter with

attachments from Frank Demmler, which was produced by McKesson as a document bearing bates range M0474917-M047919. 12. Attached as Exhibit T is a true and correct copy of a Due Diligence Checklist,

which was produced by McKesson as a document bearing bates range M0143153-M0143170. 13. Attached as Exhibit U is a true and correct copy of a July 19, 1990 legal bill,

which was produced by McKesson as a document bearing bates range M0477006-M0477013.

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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]

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EXHIBIT O

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