Free Initial Disclosures - District Court of Delaware - Delaware

Case 1 :04-cv-01414-SLR Document 66 Filed O2/O9/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
LANCASTER COMPOSITE, H~IC.,
Plaintiff
v. Civil Action No. O4-1414 SLR
HARDCORE COMPOSITES OPERATIONS, LLC
and W. SCOTT HEMPHILL,
Defendants. 5
PLAINTIFF LANCASTER COMPOSITE, INC.’S INITIAL DISCLOSURES
PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 26ga)(1[
P Plaintiff Lancaster Composite, Inc. ("Lancaster Composite") submits the following as its
initial disclosures required under Federal Rule of Civil Procedure 26(a)(1).
I. IDENTITIES OF INDIVIDUALS LIKELY TO HAVE KNOWLEDGE OF DISCOVERABLE
INFORMATION THAT MAY BE USED TO SUPPORT LANCASTER COMPOSITE’S CLAIMS
· Robert H. Greene, President, Lancaster Composite
· W. Scott Hemphill, Jeff Pote, and other representatives of Hardcore Composites
Operations, LLC ("Hardcore"), including its corporate officers, engineers and
technical personnel
• Steve Shannon and other representatives of AIM Associates, sales representative for
Hardcore
· Representatives of Coastline Composites, Inc., sales representative for Hardcore
· Bryan Maphis and other representatives of Seaward, a division of Trelleborg
Engineered Products, Inc.
· Representatives of owners, designers, engineers and contractors for each of the
construction projects represented by the bids attached as Exhibits B through F to
Lancaster Composite’s Complaint in this matter
• Other owners, designers/engineers and contractors involved in the sale, offering for
sale or installation of Hardcore’s composite-filled hollow structures which infringe
upon one or more Lancaster Composite’s patents, as revealed during discovery in this
matter

Case 1 :04-cv-01414-SLR Document 66 Filed O2/O9/2006 Page 2 of 3
II. DOCUMENTS AND THINGS IN THE POSSESSION OF COUNSEL OR LANCASTER
COMPOSITE THAT MAY BE USED T0 SUPPORT LANCASTER COMPOSITE’S CLAIMS
· '889 Patent, as well as the assignment of the patent to Lancaster Composite
¤ '594 Patent, as well as the assignment of the patent to Lancaster Composite
¤ Claims chart comparing the claims ofthe '889 Patent and '594 Patent against
Hardcore products
· Hardcore bids offering for sale its infringing products, attached as Exhibits B
through F of Lancaster Composite’s Complaint in this matter
· Photographs of Hardcore’s infringing products taken in April, 2003 on the
docks of the Belmar Municipal Marina Proj ect
· Hardcore’s sales and marketing information
· Correspondence between Hardcore and Lancaster Composite regarding
Lancaster Composite’s claims of patent inhingement
¤ Pleadings from previous action of Lancaster Composite, Inc. v. Hardcore
Composite Operations, LLC, indexed in this Court at Civil Action No. 03-840,
regarding Lancaster Composite’s earlier claims of patent infringement
III. IDENTITY or EXPERTS AND THEIR OPINIONS
· Douglas F. Suess, P.E., Executive Vice President of Whitney Bailey Cox & Magnani,
LLC — Dr. Suess will testify, consistent with his affidavit, that he is familiar with the
Hardcore composite tubular pilings and familiar with Lancaster Composite’s '889 and
'594 Patents, and that Hardcore’s composite tubular pilings infringe Lancaster
Composite’s patents.
IV. INSURANCE AGREEMENTS IN FORCE
Not applicable to Lancaster Composite
V. STATEMENT OF THE BASIS FOR ANY DAMAGES
· Lancaster Composite seeks loss of profits from any sales made by Hardcore of its
infringing products
· Lancaster Composite seeks damages for price erosion and reputational damages as a
result of Hardcore’s sales or offers of sales of its infringing products
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Case 1:04-cv-01414-SLR Document 66 Filed O2/O9/2006 Page 3 of 3
SE O & GREEN, P.A.
, ( ’ I 0
Dated: Febmmy 15, 2005 By: ‘ M / 7 /6
Ge ge I ' ei , sq · (No. 667)
Pa s» `cia P. Mc onigle, E 0. 3126)
222 Delaware Avenue, Su = 00
P.O. Box 68
Wilmington, DE 19899
302-888-0600
OF COUNSEL:
BARLEY SNYDER LLC
George C. Werner, Esquire
Court ID No. 28757
Salvatore Anastasi, Esquire
Court HD No. 78314
126 East King Street
Lancaster, PA 17602-2893
717-299-5201
Attorneys for Plaintiff Lancaster Composite, Inc.
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