Free Motion for Summary Judgment - District Court of California - California

Case 3:07-cv-02294-L-BLM

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Dan Lawton (State Bar No. 127342) Joseph C. Kracht (State Bar No. 228507) Matt Valenti (State Bar No. 253978) LAWTON LAW FIRM 550 West C Street, Suite 1400 San Diego, CA 92101 (619) 595-1370 (619) 595-1520 (Telefacsimile Number) [email protected] (electronic mail) Attorneys for Plaintiff AntiCancer, Inc.

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

) ) ) Plaintiff, ) ) v. ) ) TECO DIAGNOSTICS, a California ) corporation; KC CHEN, a natural person; ) TONG CHIAH, a natural person; JIAN ) YANG VAECHES, a natural person; and ) DOES 1-30, ) ) Defendants. ) ) _________________________________ ) I, Dan Lawton, declare: 1.

ANTICANCER, INC., a California corporation,

Case No. 07CV2294L (BLM) DECLARATION OF DAN LAWTON IN SUPPORT OF MOTION OF PLAINTIFF ANTICANCER, INC. FOR PARTIAL SUMMARY JUDGMENT OF PATENT INFRINGEMENT BY DEFENDANT TECO DIAGNOSTICS Date: Time: Place: Judge: July 21, 2008 10:30 a.m. Courtroom 14 Hon. M. James Lorenz

I am a lawyer licensed to practice in this Court. I am counsel of record to

AntiCancer, Inc., plaintiff in this action. If called upon to testify in court, I could and would testify competently thereto. 2. The accompanying index identifies, by letter, each exhibit proffered by

AntiCancer in support of its pending motion for summary adjudication. Each copy is true and correct. ///

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I declare under the pains and penalties of perjury under the laws of the United States that the foregoing is true and correct, and that I have executed this Declaration this 5 th day of May, 2008, at San Diego, California.

s/ Dan Lawton Dan Lawton

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AntiCancer, Inc. v. Teco Diagnostics, et al. U.S. District Court for the Southern District of California Case No. 07CV2294-L (BLM) INDEX OF EXHIBITS ATTACHED TO LAWTON DECLARATION

4 May 9, 2008 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 J K H I EXHIBIT LETTER A B C D E F G DESCRIPTION Confidential Disclosure Agreement between Teco Diagnostics and AntiCancer, Inc. (signed September 21, 2006) United States Patent No. 5,998,191 (December 7, 1999) United States Patent No. 6,066,467 (May 23, 2000) United States Patent No. 6,140,102 (October 31, 2000) United States Patent No. 6,448,446 (September 10, 2002) United States Patent No. 6,468,762 (October 22, 2002) Printout from website of Teco Diagnostics, "Patented Homocysteine Assay Given FDA Approval in the Fight Against Cardiovascular Disease" (undated) Brochure flyer distributed by Teco Diagnostics, "Homocysteine," with color photographs and written "Procedure" and "Specifications" sections (undated) Brochure flyer distributed by Teco Diagnostics, "Homocysteine," with color photograph (undated) Brochure flyer distributed by Teco Diagnostics, with color photograph, zoomed to show detail (undated) AntiCancer, Inc.'s Disclosure of Asserted Claims and Preliminary Infringement Contentions Against Teco Diagnostics (March 31, 2008)

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