Free Declaration - District Court of Delaware - Delaware

Case 1:04-cv-00858-SLR

Document 508

Filed 11/28/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE LML PATENT CORP., Plaintiff, v. TELECHECK SERVICES, INC., ELECTRONIC CLEARING HOUSE, INC., XPRESSCHEX, INC. and NOVA INFORMATION SYSTEMS, INC., Defendants. C.A. 04-858 (SLR)

DECLARATION OF SEAN P. HAYES IN SUPPORT OF TELECHECK SERVICES, INC.'S REPLY BRIEF IN SUPPORT OF ITS OBJECTIONS TO THE SPECIAL DISCOVERY MASTER'S OCTOBER 25, 2005 RULINGS

William J. Marsden (#2247) Timothy Devlin (#4241) Tara D. Elliott (#4483) Sean P. Hayes (#4413) FISH & RICHARDSON P.C 919 N. Market Street, Suite 1100 Wilmington, DE 19899-1114 Attorneys for TeleCheck Services, Inc

Dated: November 28, 2005

Case 1:04-cv-00858-SLR

Document 508

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I, SEAN P. HAYES, declare as follows: 1. I am an associate at the law firm of Fish & Richardson P.C., counsel of

record for Defendant TeleCheck Services, Inc. ("TeleCheck") in the above-captioned matter. I make this declaration of my own personal knowledge, and if called upon as a witness would competently testify to the facts set forth below: 2. I submit this declaration in support of TeleCheck Services, Inc.'s Reply

Brief To Its Objections to the Special Discovery Master's October 25, 2005 Rulings. 3. Attached hereto as Exhibit 1 is a true and correct copy of Special

Discovery Master Order No. 8 dated November 22, 2005. 4. Attached hereto as Exhibit 2 is a true and correct copy of an Order entered

in DataTreasury Corporation v. First Data Corporation, et al., No. 5:03CV39 (E.D. Tex. Sept. 20, 2004.) 5. Attached hereto as Exhibit 3 is an email from Stamatois Stamoulis to

Jamie McDole dated January 18, 2005. 6. Attached hereto as Exhibit 4 is a letter from Jamie McDole to Stam

Stamoulis and Tim Devlin dated January 18, 2005. I declare under penalty of perjury that the foregoing statements are true and correct.

Executed on November 28, 2005.

/s/ Sean P. Hayes Sean P. Hayes (#4413)

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Case 1:04-cv-00858-SLR

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Filed 11/28/2005

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CERTIFICATE OF SERVICE I hereby certify that on November 28, 2005, I electronically filed the DECLARATION OF SEAN P. HAYES IN SUPPORT OF TELECHECK SERVICES, INC.' S OBJECTIONS TO THE SPECIAL DISCOVERY MASTER' S OCTOBER 25, 2005 RULINGS with the Clerk of Court using CM/ECF which will send notification of such filing(s) to the following: BY HAND DELIVERY Richard K. Herrmann, Esq. Morris, James, Hitchens & Williams LLP 222 Delaware Avenue, 10th Floor Wilmington, DE 19899 BY HAND DELIVERY Richard D. Kirk, Esq. The Bayard Firm 222 Delaware Avenue, Suite 900 Wilmington, DE 19801 BY HAND DELIVERY Collins J. Seitz, Jr., Esq. Connolly Bove Lodge & Hutz LLP The Nemours Building 1007 North Orange Street P.O. Box 2207 Wilmington, DE 19801

I hereby certify that on November 28, 2005, I have mailed by Electronic mail and First Class mail, the document(s) to the following non-registered participants: Robert Jacobs, Esq. Belasco Jacobs & Townsley, LLP Howard Hughes Center 6100 Center Drive, Suite 630 Los Angeles, CA 90045 Russell E. Levine, Esq. Kirkland & Ellis LLP 200 E. Randolph Dr. Chicago, IL 60601

Mark C. Scarsi, Esq. O' Melveny & Myers LLP 400 S Hope Street Los Angeles, CA 90071 /s/ Sean P. Hayes Sean P. Hayes