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 (***) PUBLIC VERSION

DECLARATION OF BRYAN N. DEMATTEO IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS MCKESSON'S WILLFULNESS ALLEGATIONS 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 declaration in support of Defendants' Swisslog Italia's ("Swisslog") and Translogic Corporation's ("Translogic") Motion To Dismiss McKesson's Willfulness Allegations. 2. Attached as Exhibit A is a true and correct copy of a letter dated September 21,

2007 from opposing counsel. 3. Attached as Exhibit B is a true and correct copy of excerpts from the deposition

transcript of Philip Spano, dated August 23, 2007. 4. Attached as Exhibit C is a true and correct copy of excerpts from the deposition

transcript of Charles Kegley, dated July 26, 2007. 5. Attached as Exhibit D is a true and correct copy of Spano Exhibit 17, which was

produced by McKesson as a document bearing bates range M0117459 to M0117461. 6. Attached as Exhibit E is a true and correct copy of excerpts from the deposition

transcript of Maurizio Davolio, dated May 24, 2007.

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7.

Attached as Exhibit F is a true and correct copy of Spano Exhibit 15, which was

produced by McKesson as a document bearing bates range M0126333 to M0126334. I declare under penalty of perjury that the foregoing is true and correct to the best of my information and belief. This declaration is executed this 25th day of January, 2008.

/s/ Bryan N. DeMatteo
___________________________ Bryan N. DeMatteo
1426672

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CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on January 31, 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 January 31, 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 A

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EXHIBIT B
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EXHIBIT C
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EXHIBIT D
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EXHIBIT E
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EXHIBIT F
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