Free Answering Brief in Opposition - District Court of Delaware - Delaware

Case 1:04-cv-01436-JJF

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EXHIBIT A

Case 1:04-cv-01436-JJF

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IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA BEFORE THE HONORABLE JAMES C. EMERSON, JUDGE DEPARTMENT 19 ---O0O---

) EASTMAN KODAK COMPANY, ) Plaintiffs,) ) ) vs. ) ) SPEASL, ) ) ) Defendants.) ____________________________/

CASE NO.1-05-CV-039164

---O0O--15 16 17 18 19 20 FOR THE PLAINTIFFS: 21 22 23 FOR THE DEFENDANTS: 24 25 26 27 28 OFFICIAL COURT REPORTER: BECKY THORNTON ATTORNEY AT LAW ALICIA PLANCARTE CSR# 12161 RANDAL EDWARDS ATTORNEY AT LAW JAMES MOORE ATTORNEY AT LAW MICHAEL SUMMERSGILL ATTORNEY AT LAW AARON JACOBS ATTORNEY AT LAW A P P E A R A N C E S: REPORTER'S TRANSCRIPT OF PROCEEDINGS MARCH 13TH, 2008

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SAN JOSE, CALIFORNIA

MARCH 13TH, 2008

P R O C E E D I N G S

THE COURT:

Line 14 Kodak versus Speasl. Good morning, your Honor.

MR. SUMMERSGILL:

Michael Summersgill and Aaron Jacobs on behalf of Kodak, Mirage, Moussally and Ford. MR. EDWARDS: Good morning, your Honor.

Randal Edwards on behalf of Marc Roberts, Jerry Speasl, Mat Chikosky. MS. THORNTON: Good morning, your Honor.

Becky Thornton on behalf of St. Clair Intellectual Property Consultants. MR. MOORE: Good morning, your Honor. James

Moore, local counsel for defendant St. Clair. THE COURT: Good morning.

What's the status of this case? MR. SUMMERSGILL: Your Honor, this is a It was mediated

dispute over the ownership of patents. on January 15th.

We reached an agreement to settle it

and sign a memorandum of understanding with the intent that we would then negotiate a full settlement agreements. there yet. We've been working on that. We are not

We think that Kodak, Mirage, Ford and

Moussally would like this case to remain open in case the settlement falls apart. And we need to come back

and either litigate the terms of the MOU or ownership.

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THE COURT:

Was this the case that was

assigned to trial to Judge Kleinberg? MR. SUMMERSGILL: MR. EDWARDS: MS. THORNTON: THE COURT: Yes, your Honor.

Yes, your Honor. Yes, your Honor.

And you went outside and

resolved it on the eve of trial? MR. EDWARDS: Yes, your Honor. We mediated And as

it in front of Magistrate Judge Infante.

Mr. Summersgill indicated there's a memo of understanding that's actually agreed to be an enforceable agreement. The parties have been working

on additional documentation, but we have an enforceable agreement at this point. THE COURT: All right. And if I can just address We agreed that the

MR. SUMMERSGILL: the enforceable agreement.

memorandum of understanding is enforceable, but it's the whole memorandum of understanding that's enforceable. Some of the terms that are fundamental to

Kodak and Mirage are -- have not yet been agreed to by the other side so we need more time to kind of work this. THE COURT: How much time do you need? I'd like to try and keep

MR. SUMMERSGILL: it moving along.

I guess I would suggest 30 days. Is that too short? Little

THE COURT: happens in 30 days.

I'm glad to do it 30 days, but

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that's just been my experience. MR. SUMMERSGILL: I -- we had an all day I think we are

marathon negotiation session yesterday. making some progress. both sides. THE COURT: Okay.

I'd like to keep the pressure on

Fair enough.

MS. THORNTON: represent St. Clair.

Your Honor, I just -- I

And the distinction here is that We do have a

we do have a memorandum of understanding. binding agreement.

And so St. Clair believes this If there's a dispute about

matter should be dismissed.

the memorandum of understanding for additional terms that were negotiated -THE COURT: that on this calendar. motions. Well, we are not going to do I invite you to file any

I don't know if I should do this, but I

invite you to file any motions that are appropriate. I'll certainly review those. MS. THORNTON: THE COURT: track, I like that idea. Thank you, your Honor.

So let's keep it on a fast And I would encourage you to

continue to work hard on this case as I know you have. April 10th at ten o'clock? MR. EDWARDS: it one week. Your Honor, if we could move

I'm actually scheduled to be out of the

country that week. THE COURT: Sure. 17th, is that acceptable? Yes, it is.

MR. SUMMERSGILL:

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THE COURT:

All right.

That will be the

MR. MOORE:

Also, your Honor, just point of

information, do you require local counsel to appear at all hearings or is lead counsel -THE COURT: You know, we get a lot of This is pretty much is If

appearances on Court Call.

exactly what it says, a status hearing calendar.

someone has the power to report that's fine with me. MR. MOORE: THE COURT: Okay. Thank you.

Thank you all. Thank you, your Honor.

MR. SUMMERSGILL:

(Whereupon, the proceedings concluded.)

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STATE OF CALIFORNIA COUNTY OF SANTA CLARA

) ) )

I, Alicia Plancarte, Certified Shorthand Reporter, do hereby certify: That I am the reporter, duly appointed and sworn, who reported the above and foregoing proceedings at the time and place therein stated; That I reported the said proceedings; and that the foregoing pages are a full, true, complete and correct transcript of my shorthand notes taken at said time and place to the best of my ability. I further certify that I have complied with CCP 237 (A) (2) in that all personal juror identifying information has been redacted, if applicable.

DATED:

This ______ day of ____________, 2008

______________________________ ALICIA PLANCARTE CERTIFIED SHORTHAND REPORTER NO. 12161