Free Redacted Document - District Court of Delaware - Delaware

Case 1:04-cv-00858-SLR

Document 479

Filed 11/23/2005

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

DECLARATION OF TIMOTHY DEVLIN IN SUPPORT OF DEFENDANTS' OPPOSITION TO MOTION FOR SUMMARY JUDGMENT NO. 4: FOR A RULING THAT CLAIMS 1, 2, 4-6, 9-11, 14, 16 AND 18 OF THE `988 PATENT ARE NOT ANTICIPATED

William J. Marsden (#2247) Timothy Devlin (#4241) Stamatios Stamoulis (#4606) Tara D. Elliott (#4483) FISH & RICHARDSON P.C 919 N. Market Street, Suite 1100 Wilmington, DE 19899-1114 Attorneys for TeleCheck Services, Inc

Dated: November 15, 2005 Public Version: November 22, 2005

Case 1:04-cv-00858-SLR

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I, TIMOTHY DEVLIN, declare as follows: 1. I am a principal 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 Defendants' Answering Brief in

Opposition to LML's Motion for Summary Judgment No. 4: For A Ruling that Claims 1, 2, 4-6, 9-11, 14, 16 and 18 of the `988 Patent are Not Anticipated. 3. 5,484,988. 4. 5,175,682. 5. Attached hereto as Exhibit C is an invalidity claim chart comparing the Attached hereto as Exhibit B is a true and correct copy of U.S. Patent No. Attached hereto as Exhibit A is a true and correct copy of U.S. Patent No.

U.S. Patent No. 5,484,988 to U.S. Patent No. 5,175,682. 6. Attached hereto as Exhibit D is a true and correct copy of excerpts from

the deposition testimony of Robert R. Hills taken on Aug. 25 and Aug. 27, 2005. 7. Attached hereto as Exhibit E is a true and correct copy of an article

entitled "A Little Closer to a Checkless Society," Bank Tech News (Aug. 1996) bearing Bates Nos. LML-EP 043277. 8. Attached hereto as Exhibit F is a true and correct copy of an article

entitled "Cashless Society Expands", Sacramento Bee (Nov. 7, 1995) bearing Bates Nos. LML-EP 043282-83. 9. Attached hereto as Exhibit G is a true and correct of excerpts from the

1991 ACH Rules. 10. Attached hereto as Exhibit H is a true and correct of excerpts from the

1990 ACH Rules.

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11. 4,758,714. 12. 5,053,607. 13.

Attached hereto as Exhibit I is a true and correct copy of U.S. Patent No.

Attached hereto as Exhibit J is a true and correct copy of U.S. Patent No.

Attached hereto as Exhibit K is an invalidity claim chart comparing U.S.

Patent No. 5,484,988 to U.S. Patent No. 5,053,607. 14. Attached hereto as Exhibit L is an invalidity claim chart comparing U.S.

Patent No. 5,484,988 to U.S. Patent No. 4,758,714. 15. Attached hereto as Exhibit M is a true and correct copy of excerpts from

the Rebuttal Expert Report of Gary Tinkel Regarding Validity dated Sept. 20, 2005. 16. Attached hereto as Exhibit N is a true and correct copy of excerpts from

the Supplemental Expert Report of David P. Kurrasch Regarding Invalidity dated Sept. 6, 2005. 17. Attached hereto as Exhibit O is a true and correct copy of excerpts from

the Second Supplement to Expert Report of David P. Kurrasch Regarding Invalidity dated Sept. 28, 2005. 18. Attached hereto as Exhibit P is a true and correct copy of excerpts from

the Expert Report of David P. Kurrasch Regarding Invalidity dated Aug. 12, 2005.

I declare under penalty of perjury that the foregoing statements are true and correct. Executed on November 15, 2005.

/s/ Timothy Devlin Timothy Devlin (#4241)

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CERTIFICATE OF SERVICE I hereby certify that on November 22, 2005, I electronically filed the PUBLIC VERSION OF DECLARATION OF TIMOTHY DEVLIN IN SUPPORT OF DEFENDANTS' OPPOSITION TO MOTION FOR SUMMARY JUDGMENT NO. 4: FOR A RULING THAT CLAIMS 1, 2, 4-6, 9-11, 14, 16 AND 18 OF THE `988 PATENT ARE NOT ANTICIPATED with the Clerk of the Court using CM/ECF which will send notification of such filing to the following: Richard K. Herrmann, Esq. Morris, James Hitchens & Williams LLP 222 Delaware Avenue, 10th Floor Wilmington, DE 19899 Collins J. Seitz, Jr., Esq. Connolly Bove Lodge & Hutz LLP The Nemours Building 1007 North Orange Street P.O. Box 2207 Wilmington, DE 19801 Additionally, I hereby certify that on the 22nd day of November, the foregoing document was served via email on 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 /s/ Timothy Devlin Timothy Devlin Mark C. Scarsi, Esq. O' Melveny & Myers LLP 400 S Hope Street Los Angeles, CA 90071 Richard D. Kirk, Esq. The Bayard Firm 222 Delaware Avenue, Suite 900 Wilmington, DE 19801