Free Declaration - District Court of Delaware - Delaware

Case 1:04-cv—00875—G|\/IS Document 122 Filed 03/24/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
POR THE DISTRICT OF DELAWARE
TELCORDIA TECHNOLOGIES, INC., )
Plaintift7Counterclaim Defendant, I
v. I C.A. N0. 04-875-GMS
LUCENT TECHNOLOGIES, INC., I
Defendant/Counterclaim Plaintiff. I

PIaintift7Counterc1aim Defendant, g
v. I C.A. No. 04-876-GMS
CISCO SYSTEMS, INC., g
Defendant/Counterclaim Plaintiff. E
DECLARATION OF LESLIE A. POLIZOTI, ESQUIRE IN SUPPORT
OF LUCENT AND CISCO’S ANSWERING CLAIM CONSTRUCTION BRIEF ON
UNITED STATES PATENT NOS. 4,893,306, 4,835,763, AND RE 36,633
I, Leslie A. Polizoti, declare as follows:
1. I am a member of the Bar of this Court and an associate at the law firm of
Morris, Nichols, Arsht, & Tunnell LLP, attorneys for defendant Cisco Systems, Inc. ("Cisco") in
this action. I make this declaration in support of Lucent and Cisco’s Answering Claim
Construction Brief
2. Attached as Exhibit 1 is a true and correct copy of U.S. Patent No.
4,833,673, issued on May 23, 1989.
3. Attached as Exhibit 2 is a true and correct copy of excerpts from the
original application that issued as the ’306 patent, dated November 10, 1987.
4. Attached as Exhibit 3 is a true and correct copy of an Office Action from
the prosecution history of the ’306 patent, dated September 2, 1988.

Case 1:04-cv—00875—Gl\/IS Document 122 Filed 03/24/2006 Page 2 of 4
5. Attached as Exhibit 4 is a true and correct copy of MPEP § 803 (8th Ed.,
Rev. 4), dated October 2005.
6. Attached as Exhibit 5 is a true and correct copy of a Response to Oftice
Action from the prosecution history of the ’306 patent, dated October 5, 1988.
7. Attached as Exhibit 6 is a true and correct copy of U.S. Patent No.
4,855,999, issued on August 8, 1989.
8. Attached as Exhibit 7 is a true and correct copy of U.S. Patent No.
4,833,671, issued on May 23, 1989.
9. Attached as Exhibit 8 is a true and correct copy of U.S. Patent No.
4,819,226, issued on April 4, 1989.
10. Attached as Exhibit 9 is a true and correct copy of excerpts from the
transcript from the claim construction hearing in Be/Z Communications Research v. Fore
Systems, C.A. No. 98-586 (D. Del.), dated March 23, 2000.
11. Attached as Exhibit 10 is a true and correct copy of an excerpt from
Be1lcore’s answering claim construction brief in Bell Communications Research v. Fore Svstems,
C.A. No. 98-586 (D. Del.), dated September 9, 1999.
12. Attached as Exhibit 11 is a true and correct copy of the opinion in Bicon,
Inc. v. T/ze Straumann Company, —- F.3d --, No. 05-1168, 2006 WL 688797 (Fed. Cir., Mar. 20,
2006).
13. Attached as Exhibit 12 is a true and correct copy of the Office Action from
the prosecution history of the ’763 patent, dated October 6, 1988.
14. Attached as Exhibit 13 is a true and correct copy of an Amendment from
the prosecution history of the ’763 patent, dated January 4, 1989.
Executed this th day ofMarch, 2006 at W l l·*~`· #7 lE’J » O“"l¤~/W4 »·<~
2

Case 1:04-cv—00875—Gl\/IS Document 122 Filed 03/24/2006 Page 3 of 4
I declare under penalty of perjury that the foregoing is tme and correct.
3

Case 1:04-cv—00875—G|\/IS Document 122 Filed 03/24/2006 Page 4 of 4
CERTIFICATE OF SERVICE
I, John W. Shaw, Esquire, hereby certify that on March 24, 2006, I caused to be
electronically filed a true and correct copy of the foregoing document with the Clerk of the Court
using CM/ECF, which will send notification that such filing is available for viewing and
downloading to the following counsel of record:
Steven J. Balick, Esquire
Ashby & Geddes
222 Delaware Avenue, 17th Floor
P.O. Box 1150
Wilmington, DE 19899
I further certify that on March 24, 2006, I caused a copy of the foregoing document to be
served by hand delivery on the above-listed counsel of record and on the following in the manner
indicated:
BY ELECTRONIC MAIL
Donald R. Dimner, Esquire
Finnegan, Henderson, Farabow,
Garrett, & Dunner, L.L.P.
901 New York Ave., N.W.
Washington, DC 20001
York M. Faulkner, Esquire
Finnegan, Henderson, Farabow,
Garrett, & Dtmner, L.L.P.
Two Freedom Square
11955 Freedom Drive
Reston, VA 20190
YOUN CONAW STARGATT & TAYLOR, LLP
(A.)
Jo . Shaw (No. 336 )
The randywine Building
100 West Street, 17th Floor
Wilmington, Delaware 19899
(302) 571-6600
[email protected]
Attorneys for Lucent Technologies, [nc.
DB0l:l623380.l