Free Redacted Document - District Court of Delaware - Delaware

Case 1 :04-cv-00858-SLR Document 454 Filed 1 1/21 /2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR. THE DISTRICT OF DELAWARE
LMI, PATENT CORP.,
Plaintifi
v.
TELECHECK. snavrcns, mc., CA 0*858 (SLR)
ELECTRONIC CLEARING HOUSE, INC.,
XPRESSCHEX INC. and NOVA REDACTED PUBLIC VERSION
INFORMATION SYSTEMS, INC.,
Defendants.
DECLARATION OF MICHELLE L. DAVIDSON IN SUPPORT OF
NOVA INFORMATION SYSTEMS, INC.’S OPPOSITION TO LML’S DA UBERT
MOTION NO. 4 TO LIMIT THE TESTIMONY OF ALAN G. GOEDDE
November 14, 2005 THE BAYARD FIRM
(Original filing date)
/s/ Richard D. Kirk grk0922)
222 Delaware Avenue, 9 Floor
P.O. Box 25130
Wilmington, DE 19899
(302) 429-4208
rkirk(@,bayardH1m.com
Attorneys for defendant,
NOVA Information Systems, Inc.
OF COUNSEL:
Mark C. Scarsi
Michelle L. Davidson
Vision L. Winter
O’MELVENY & MYERS LLP
400 South Hope Street
Los Angeles, CA 90071
(213) 430-6000

Case 1:04-cv-00858-SLR Document 454 Filed 11/21/2005 Page 2 of 4
DECLARATION OF MICHELLE L. DAVIDSON
I, Michelle L. Davidson, hereby declare as follows:
l. I am a member in good standing of the Bar of the State of California and an
attorney in the law firm of O’Melveny & Myers LLP, counsel for defendant Nova Information
System, Inc. I have been admitted pro lrac vice to appear on Nova’s behalf in this action. All of
the facts set forth herein are known to me personally and, if called and sworn as a witness, I
could and would testify competently thereto.
2. Attached hereto as Exhibit l is a true and correct copy of Alan G. Goedde’s
expert report on damages offered on behalf of Nova, dated September 20, 2005. I have attached
a complete copy of Dr. Goedde’s report because the copy of the report attached to Robin
Rademacher’s October 28, 2005 declaration in support of plaintiff LML Patent Corp.’s Daubert
motion was incomplete. In the copy served on Nova, Ms. Rademacher’s attachment did not
include the schedules of calculations as well as other attachments from the report.
3. Attached hereto as Exhibit 2 is a tme and correct copy of the Alan J. Cox’s expert
report on damages offered on behalf of LML, dated August 12, 2005.
4. Attached hereto as Exhibit 3 is a true and correct copy of the relevant pages from
the deposition of Alan J. Cox, taken on September 29, 2005.
5. Attached hereto as Exhibit 4 is a true and correct copy of the relevant pages from
the deposition of Alan G. Goedde, taken on October 6, 2005.
6. Attached hereto as Exhibit 5 is a true and correct copy of the relevant pages from
the deposition of Amy Goodson, testifying as Nova’s Rule 30(b)(6) witness, taken on July 21,
2005.
I declare under penalty of perjury under the laws ofthe United States of America and the
State of Delaware that the foregoing is true and correct. Executed this 14m day of November
2005, in Los Angeles, California @60% { ’ I
Michelle L. Davidson
I

Case 1:04-cv-00858-SLR Document 454 Filed 11/21/2005 Page 3 of 4
ALL EXHIBITS ATTACHED TO THIS
DECLARATION ARE CONFIDENTIAL
UNDER THE PROTECTIVE ORDER
AND REMAIN UNDER SEAL

Case 1 :04-cv-00858-SLR Document 454 Filed 1 1/21 /2005 Page 4 of 4
CERTIFICATE OE SERVICE
The undersigned counsel certifies that, on November 21, 2005, he electronically
tiled the foregoing document with the Clerk of the Court using CM/ECF, which will send
automatic notification ofthe tiling to the following:
Richard K., Hermann, Esq. William J. Marsden, Jr., Esq.
Mary B. Matterer, Esq. Fish & Richardson, P.C.
Morris James Hitchens & Williams LLP 919 N. Market Street, Suite 1100
222 Delaware Avenue, 10th floor P.O. Box 1114
P.O. Box 2306 Wilmington, DE 19899-1114
Wilmington, DE 19801
Francis DiGiovanni, Esq.
Connolly, Bove, Lodge & Hutz LLP
The Nemours Building
1007 North Orange Street
Wilmington, DE 19899
The undersigned counsel iiirther certifies that, on November 21, 2005, copies of
the foregoing document were sent by email to the above local counsel and to the
following n0n—registered participants:
Russell E. Levine, Esq. Robert Jacobs, Esq.
Christian Chadd Taylor, Esq. Mark B. Mizrahi, Esq.
Edward K. Runyan, Esq. Belasco Jacobs & Townsley, LLP
Soo Choi, Esq. Howard Hughes Center
Kirkland & Ellis 6100 Center Drive, Suite 630
200 East Randolph Drive Los Angeles, CA 90045
Chicago, IL 60601
Hard copies of said document will be served by hand on local counsel and by Hrst
class mail on outside counsel on November 22, 2005.
/s/ Richard D. Kirk grk0922)
607129vl