Free Declaration - District Court of Delaware - Delaware

i` ·’ Case 1 :04-cv-00858-SLR Document 495 Filed 1 1/23/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
LML PATENT CORP. )
)
Plaintiff, ) Civil Action No.: 04-858-SLR
vs. )
)
TELECHECK SERVICES, INC. )
ELECTRONIC CLEARING HOUSE, INC., )
XPRESSCHEX, INC., AND )
NOVA INFORMATION SYSTEMS, INC. )
)
Defendants. )
)
DECLARATION OF JAMIE H. MCDOLE IN SUPPORT OF
LML’S REPLY TO ITS MOTION FOR SUMMARY JUDGMENT NO. 3:
FOR A RULING THAT DEFENDANT NOVA INFRINGES
CLAIMS 1, 2, 4, 5, 6, 9, 10, 11 AND 16 OF THE ‘988 PATENT
Dated: November 23, 2005
Richard K. Herrmann #405
Mary B. Matterer #2696
· MORRIS JAMES HIT CHENS &
WILLIAMS LLP
222 Delaware Avenue, 10th Floor
Wilmington, Delaware 19801
(302) 888-6800
rherrmamr@morrisj ames.com
mmatterer@morrisj ames.com
‘ Russell E. Levine, P.C.
Jamie H. McDole
Edward K. Runyan
_ KIRKLAND & ELLIS LLP
200 East Randolph Drive
Chicago, Illinois 60601
(312) 861-2000
Counsel for LML Patent Corp.

' Case 1:04-cv-00858-SLR Document 495 Filed 11/23/2005 Page 2 of 3
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DECLARATION OF JAMIE H. MCDOLE
I, Jamie H. McDo1e, declare as follows:
l. I am a partner of the law firm of Kirkland & Ellis LLP, and counsel for plaintiff LML Patent
Corp. ("LMl."). I am a member in good standing ofthe bar ofthe state of Illinois, and I am
admitted to practice pro hac vice in the United States District Court for the District of
Delaware for this case. The facts set forth below are known to me personally and I could
competently testify hereto if called as a witness in this action.
2. Pursuant to the Court's Scheduling Order, document production in this case ended March 4,
2005. The Court extended this deadline until April 5, 2005 at Defendants request, but stated
"if document production isn't completed by April 5th, we'll start taking about sanctions."
(Dkt# 89, March 22, 2005 Hearing Transcript at 8). Pursuant to the Court's Scheduling
Order, fact discovery in this case ended July 16, 2005
3. In the above captioned case, the parties have produced numerous documents, mostly in
electronic form. Each document produced by the parties in this case has a bates number
identifying which party produced the particular document. All doctunents produced by
Defendant Nova Information Systems, Inc. contain the prefix NOVA.
4. Exhibits H to Nova’s declaration is a document describing a check reader that works with
Nova’s accused product. This document lacks a bates number and was not marked as a
deposition exhibit.
5. Documents produced in this litigation by Nova are maintained by Kirkland & Ellis in an
electronic database that allows one to search the entire contents of Nova’s documents. I
requested one of the legal assistants responsible for maintaining the Nova database to
electronically search that database in an attempt to locate Exhibit H to Nova’s motion. The
legal assistant searched the database, trying various combinations of key words that appeared
in the document, but was unable to locate it in the database of Nova’s production documents.
6. The foreign checks used by Mr. Schutze in the tests descrmed in his supporting declaration to
Nova’s motion were not produced to LML until September 23, 2005.
I declare under penalty of perjury under the laws ofthe United States that the foregoing is
tmc and correct and that this declaration was executed on this 23rd day of November, 2005 in
Chicago, Illinois.
e H. M ole

` *0 Case 1 :04-cv-00858-SLR Document 495 Filed 1 1/23/2005 Page 3 of 3
CERTIFICATE OF SERVICE
I hereby certify that on the 23rd day of November, 2005, I electronically filed the
foregoing document, DECLARATION OF JAMIE H. MCDOLE IN SUPPORT OF LML’S
REPLY TO ITS MOTION FOR SUMMARY JUDGMENT NO. 3: FOR A RULIN G
THAT DEFENDANT NOVA INFRINGES CLAIMS 1, 2, 4, 5, 6, 9, 10, 11 AND 16 OF THE
‘988 PATENT, with the Clerk of the Court using CM/ECF which will send notification of such
filing to the following:
Collins J. Seitz, Jr., Esq. William J. Marsden, Jr., Esq.
Francis DiGiovanni, Esq. Timothy Devlin, Esq.
Connolly Bove Lodge & Hutz LLP Fish & Richardson, P.C.
1007 North Orange Street 919 North Market Street, Suite 1100
Wilmington, DE 19801 Wilmington, DE 19801
Richard D. Kirk, Esq.
The Bayard Firm
222 Delaware Avenue, 9th Floor
Wihnington, DE 19801 .
Additionally, I hereby certify that on the 23rd day of November, 2005,0 the foregoing
document was served via email and federal express on the following non-registered participants:
Robert Jacobs, Esq. Mark C. Scarsi, Esq. °
Mark B. Mizrahi, Esq. Vision L. Winter, Esq.
Belasco Jacobs & Townsley, LLP O’Melveny & Myers LLP
Howard Hughes Center 400 South Hope Street
6100 Center Drive, Suite 630 // Los Angeles, CA 90071
Los Angeles, CA 90045
Richard K. errmann (#405)
Mary B. M erer (#2696)
MORRIS, J S, HITCHENS
& WILLIAMS LLP
222 Delaware Avenue, 10th Floor
_ Wihnington, Delaware 19801
(302) 888-6800
mmatterer@morrisj ames.com
Counsel for Plaintyj"LML PA TENT CORP.