Free Motion in Limine - District Court of Colorado - Colorado

Case 1:03-cv-02372-PSF-PAC

Document 139-2

Filed 09/07/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 1:03-cv-02372-PSF-PAC JACK BARRECA Plaintiff, v. SOUTH BEACH BEVERAGE CO., INC.; LOTTE U.S.A; and 7-ELEVEN, INC. Defendant. ________________________________________________________________________ DECLARATION OF JACK BARRECA ________________________________________________________________________

I, Jack Barreca, declare as follows: 1. I believe that a complete statement of all opinions to be expressed at trial and the basis and reasons for such opinions were covered and encompassed by my prior two days of depositions in the present case, in addition to the additional two days of deposition testimony I provided in the related `540 patent litigation, along with the declaration I previously provided in the present `839 patent litigation. 2. The data or other information that I considered in forming my opinions were referred to in my prior deposition testimony, and include the exhibits set forth in various pleadings in both the `540 and the `839 patent litigation. The information referred to in my prior depositions and in

Case 1:03-cv-02372-PSF-PAC

Document 139-2

Filed 09/07/2005

Page 2 of 2

exhibits to pleadings filed in the `540 and `839 patent litigations, may be used as exhibits or as a summary or support for my opinions to be presented at trial. 3. I am not being compensated for any testimony I may provide in this litigation. 4. 5. I have authored no publications in the last ten (10) years. I have not previously testified as an expert within the previous four (4) years. I declare under penalty of perjury under the laws of the United States of America and Colorado that the foregoing is true and accurate.

s/ Jack Barreca______ Jack Barreca

Date:

September 7, 2005

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