Free Redacted Document - District Court of Delaware - Delaware

Case 1 :04-cv—00858-SLR Document 470 Filed 1 1/22/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
LML PATENT CORP. )
)
Plaintiff] ) Civil Action No.: 04-85 8-SLR
vs. )
)
TELECHECK SERVICES, INC. )
ELECTRONIC CLEARING HOUSE, INC., ) PUBLIC VERSION
}G’RESSCHEX, INC., AND )
NOVA INFORMATION SYSTEMS, INC. )
I
Defendants. )
)
DECLARATION OF JAMIE H. MCDOLE IN SUPPORT OF
LML’S MEMORANDUM IN OPPOSITION TO
NOVA’S MOTION FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT
Originally filed: November 15, 2005
Public version filed: November 22, 2005
Richard K. Herrmann #405
Mary B. Matterer #2696
MORRIS JAMES HITCHENS &
WILLIAMS LLP
222 Delaware Avenue, 10th Floor
Wilmington, Delaware 19801
(302) 888-6800
rherrma1m(@morrisja1nes.com
[email protected]
Russell E. Levine, P.C.
Jamie H. McDo1e
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 470 Filed 11/22/2005 Page 2 of 3
DECLARATION OF JAMIE H. MCDOLE
I, Jamie I-I. McDole, declare as follows: l
` 1. I am a partner of the law firm of Kirkland & Ellis LLP, and counsel for plaintiff LMI. Patent
Corp. ("LML”). I am a member in good standing of the bar of the state of Illinois, and I am
admitted to practice pro imc 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 tmtil April 5, 2005 at Defendants request, but stated
"if document -production isn't completed by April Sth, we'll start taking about sanctions."
(Dkt# 89, March 22, 2005 Hearing 'I'ra.nscript at 8). Pursuant to the Courts 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 documents produced by
Defendant Nova Information Systems, Inc. contain the prefix NOVA.
- 4. Exhibits O 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.
t 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 O to Nova’s motion. The
legal assistant searched the database, trying various combinations of key words that appeared
in the doctunent, 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 described in his supporting declaration to
Nova’s motion were not produced to LMI, until September 23, 2005.
I declare under penalty of perjury under the laws ofthe United States that the foregoing is
true and correct and that this declaration was executed on this 15th day of November, 2005 in
- Chicago, Illinois. `
`e H. McD e "

Case 1:04-cv-00858-SLR Document 470 Filed 11/22/2005 Page 3 of 3
CERTIFICATE OF SERVICE
I hereby certify that on the 22"d day of November, 2005, I electronically Hled the
foregoing document, PUBLIC VERSION OF DECLARATION OF JAMIE H. MCDOLE
IN SUPPORT OF LML’S MEMORANDUM IN OPPOSITION TO NOVA’S MOTION
FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT, 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 DiGiovarmi, 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
Wilmington, DE 19801
Additionally, I hereby certify that on the 22"d day of November, 2005, the foregoing
document was served via email 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
/.s·/ Mag B. Mrztterer
Richard K. Herrmann (#405)
Mary B. Matterer (#2696)
MORRIS, JAMES, HITCHENS
& WILLIAMS LLP
222 Delaware Avenue, 10m Floor
Wilmington, Delaware 19801
(302) 888-6800
[email protected]
Counsel for Plairztyj'LML PA TENT CORP.