Free Appendix - District Court of Delaware - Delaware

Jul 26 2005 16:59

Case 1:06-cv-00004-SLR

HP L A S E R J E T 3200

Document 12-4

Filed 03/01/2006

Page 1 of 2

DAVID W~lll~lld Pum 1451 Lrm SUNAPEE ROAD
NEW L~Mx)N, NH 03257 USA ...

July 26,2005

VIA F'ACSIMlIJEONLY (Two P a p ) David L Fn, Esq. . iFinger & Slanina, P.A 1201 Orange Street, Suite 725
W i g t o n , DE 19801-1155

Fax

302984 I294

Kenneth L.Stein, Esq. Jones Day 222 E M 4 1" Sweet NewYork,NY 10017 Fax 212755 7306

Contec Cormration v. Remote Solution Co.. Ltd. AAA No.T 133 00325 0 3
Dear Counsel:

I now have and have considered, in addition to counsel's submissions of January 30,2004, W c h 17,2005, March 25,2005, March 29,2005, and April 1, 2005, counsel's June 3, 2005 submissions and M . r Finger's submission of June 6,2005.

On the indeznniiicationissue, I am prepared to rufe that Contec is entitled to an award that Remote Solution has breached Section 3(c) of the February 16, 1999 Manufacturjng and Purchase Agreement. Inter alia, I am prepsuPxito ntle that ( ) i Section 3(c) ofthe 1999 Agreement is clear and u~ambiguous, Section 3(c) cmmthutes an express agreement by Remote Solutionto (ii) &fend any suit or proceeding against Contec based on a claim that inter alia ''Prductd' (i.0. "designed mdlor marruand sold by Sder [RemoteS o f u t a to Purchaser [Contec] pursuant to this Agreednent") inEringe a valid United States patent, (ii) Section 3(c) overrides and is not subject to the "buyer's specificationsnprovision ofUCC Section 2 3 2 3 , (iv) Contec -1() provided appropriate d c e to Remote Solution with resped to UEI's action for patent and PHis's action for patent ~ g(v) Remote Solution did not defend ~ , canteci either proceeding, (vi) 'Wjudgment" ofthe kind refixred to in Section 3(c) was n entered in a least Philips v. Contec et al, Civil Action No. 02123-KAJ, with respect to t ' "Productsn ( e August 28,2003 Consent Judgment and Order), and (k3 Remote Solution's sa defenses do not avail it here.

~~

In light of my tentative ruling, outlined above, c o d and the parties may w n to confer at and consider their next steps. If a formal Award is required, I shall be glad to prepare and issue it. On the dher hand, if time md expense can be conserved through another course of action that results in a r e a d l e and final resolution of this m t e , I shall be happy to consider it. atr

'I~EPAONE: 603 526 2653 1

1 603 526 2655 Fur:

1 603 526 26%

e-mail: [email protected]

J u l 2 6 2005 16:59

Case 1:06-cv-00004-SLR

HP L A S E R J E T 3200

Document 12-4

Filed 03/01/2006

Page 2 of 2

Messrs. Finger and Stein July 26, 2005

Page Two

I suggest we confer by telephone on Friday, July 29 (between 9:30 am and 4:30 pm), or Monday, August 1 (between 2:00and 5 0 :0

cc

William ChanlJvia fkx 212 246 7274