Free Witness List - District Court of Federal Claims - federal

Case 1:02-cv-01622-LB

Document 58

Filed 05/25/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS BLUEPORT COMPANY, LLC, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 02-1622C Judge Lawrence J. Block

DEFENDANT'S WITNESS LIST Defendant, the United States ("the government"), hereby submits its Witness List, pursuant to the Preliminary Pre-Trial Scheduling Order filed December 22, 2005, and pursuant to Paragraph 15 of Appendix A of the Rules of the Court of Federal Claims. The government will call the following witnesses for its case-in-chief or for rebuttal for the trial in the above-referenced case set to begin on July 24, 2006: 1. Glendon Hendricks 13034 Tonne Drive East New Braunfels, Texas 78132-4560 (830) 620-1739

Mr. Hendricks will testify concerning: the official employment functions of Mark Davenport; whether government time, material, and/or facilities were used in the preparation of the AUMD program; and whether Mark Davenport was in a position to order, influence, or induce the use of the AUMD program by the government. In addition, Mr. Hendricks will testify concerning the use, function, and features of the MDS system, and the AUMD and MARS programs. Estimated time needed for direct examination: 3 hours.

2.

James N. Keohane Multi-Platforms, Inc. 45 Scholar Road -1-

Case 1:02-cv-01622-LB

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Levittown, New York 11756 (516) 579-2209 Mr. Keohane, the government's expert witness, will testify concerning his opinion as to non-infringement of Blueport's copyright by the MARS programs. Mr. Keohane will testify regarding the source code of the AUMD and MARS programs. Mr. Keohane will also testify concerning his opinion as to damages, if any, due to Blueport, as a result of the alleged infringement of Blueport's copyright. Estimated time needed for direct examination: 4 hours.

In addition, the government may call the following witnesses for trial in the abovereferenced case set to begin on July 24, 2006: 3. Colonel Richard Zeimet 809 Westgate Court Newport News, Virginia 23602 (757) 788-2938

The government may call Col. Zeimet to testify concerning: the official employment functions of Mark Davenport; whether government time, material, and/or facilities were used in the preparation of the AUMD program; and whether Mark Davenport was in a position to order, influence, or induce the use of the AUMD program by the government. Estimated time needed for direct examination: 2 hours.

4.

Chief Master Sergeant William Luckie 2435 Plum Grove Drive Belleville, Illinois 62225 (618) 277-0664

The government may call Chief Luckie to testify concerning: the official employment functions of Mark Davenport; whether government time, material, and/or facilities were used in the preparation of the AUMD program; and whether Mark Davenport was in a position to order, influence, or induce the use of the AUMD program by the government. Estimated time needed for direct examination: 3 hours.

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5.

Mark Davenport 10105 Crestview Lane Eagle River, Alaska, 99577 (907) 622-4349

The government may call Mr. Davenport to testify concerning: his official employment functions; whether government time, material, and/or facilities were used in the preparation of the AUMD program; and whether he was in a position to order, influence, or induce the use of the AUMD program by the government. He may also testify concerning the AUMD program. He may testify either by live testimony or by admissions under FRE 801(d)(2). Estimated time needed for direct examination: 4 hours.

6.

Major Douglas Meaker 2802 Rhett Drive Beavercreek, Ohio 45434 (937) 257-7900

The government may call Major Meaker to testify concerning: the official employment functions of Mark Davenport; whether government time, material, and/or facilities were used in the preparation of the AUMD program; and whether Mark Davenport was in a position to order, influence, or induce the use of the AUMD program by the government. Estimated time needed for direct examination: 2 hours.

7.

Custodians of records for government documents and contractor documents, including contracts between the government and its contractor.

Estimated time needed for direct examination: 45 minutes.

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Respectfully submitted, PETER D. KEISLER Assistant Attorney General JOHN J. FARGO Director

OF COUNSEL: CHUN-I CHIANG Air Force Legal Operations Agency Department of the Air Force

s/Scott Bolden SCOTT BOLDEN Attorney Commercial Litigation Branch Civil Division Department of Justice Washington, D. C. 20530 Telephone: (202) 307-0262 Facsimile: (202) 307-0345 Attorneys for the United States

May 25, 2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on May 25, 2006 I electronically filed the foregoing DEFENDANT'S WITNESS LIST with the Clerk of Court using the ECF system which will send notification of such filing to the following e-mail address: [email protected] Upon information and belief, this email address corresponds to the following individual: Kurt M. Rylander KURT M. RYLANDER TRIAL AND PATENT ATTORNEY AT LAW PC 406 West 12th Street Vancouver, Washington 98660 (360) 750-9931 Attorney for Plaintiff

s/Scott Bolden SCOTT BOLDEN Attorney Commercial Litigation Branch Civil Division Department of Justice Washington, D. C. 20530 Telephone: (202) 307-0262 Facsimile: (202) 307-0345