Free Declaration - District Court of Delaware - Delaware

Case 1:04-cv-00858-SLR Document 411 Filed 11/14/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
LML PATENT CORP.,
Plaintiff,
V' C.A. 04-858 (SLR)
TELECHECK SERVICES, INC.,
ELECTRONIC CLEARING HOUSE, INC.,
XPRESSCHEX, INC. and NOVA
INFORMATION SYSTEMS, INC.,
Defendants.
DECLARATION OF SEAN P. HAYES IN SUPPORT OF TELECHECK
SERVICES, INC.’S 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 TeleC/zeck Services, Inc
Dated: November 14,2005

Case 1:04-cv-00858-SLR Document 411 Filed 11/14/2005 Page 2 of 4
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
Objections to the Special Discovery Master’s October 25, 2005 Rulings.
3. Attached hereto as Exhibit A is a true and correct copy of excerpts from
the hearing transcript held on Oct. 25, 2005.
4. Attached hereto as Exhibit B is a true and correct copy of a slip opinion in
El DuPont Nemours v. Millenium Chemical Inc., C.A. 97-237-SLR (D. Del., Apr. 14,
1999).
5. Attached hereto as Exhibit C is a list of the documents that LML alleged
contained inadequate descriptions on TeleCheck’s privilege log.
6. Attached hereto as Exhibit D is a list of the documents that LML alleged
to have inadequate descriptions and that were reviewed by the Special Discovery Master.
7. Attached hereto as Exhibit E is a list of the "Concord Documents"
reviewed by the Special Discovery Master.
8. Attached hereto as Exhibit F is a list of the documents related to patents
not at issue that were reviewed by the Special Discovery Master.
9. Attached hereto as Exhibit G is a true and correct copy of excerpts of
Plaintiff s First Set of Document Requests to TeleCheck Services, Inc. dated Oct. 15,
2004.
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Case 1:04-cv-00858-SLR Document 411 Filed 11/14/2005 Page 3 of 4
10. Attached hereto as Exhibit H is a true and correct copy of excerpts of
Plaintiffs Third Set of Document Requests to TeleCheck Services, Inc. (Nos. 155-260)
dated Feb. 2, 2005.
1 1. Attached hereto as Exhibit I is a true and correct copy of email
correspondence between LML counsel, Jamie McDole, and TeleCheck counsel, Tim
Devlin and Stam Stamoulis, dated Feb. 28, 2005.
12. Attached hereto Exhibit J is a true and correct copy of a Memorandum
Order in Cytyc Corp. v. Autocyte, Inc., C.A. No. 99-610-SLR (D. Del. Sept. 13, 2005).
I declare under penalty of perjury that the foregoing statements are true and correct. _
Executed on November 14, 2005.
i .»·’
“ Sean P. ayes (#4413)
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Case 1:04-cv-00858-SLR Document 411 Filed 11/14/2005 Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that on November 14, 2005, a true and correct copy of the
DECLARATION OF SEAN P. HAYES IN SUPPORT OF TELECHECK SERVICES,
INC.’S OBJECTIONS TO THE SPECIAL DISCOVERY MASTER’S OCTOBER 25,
2005 RULINGS was caused to be served on the attorneys of record at the following
addresses as indicated:
BY HAND DELIVERY BY HAND DELIVERY
Richard K. Herrmann, Esq. Collins J. Seitz, Jr., Esq.
Morris, James, Hitchens & Williams LLP Connolly Bove Lodge & Hutz LLP
222 Delaware Avenue, 10th Floor The Nemours Building
Wilmington, DE 19899 1007 North Orange Street
P.O. Box 2207
Wilmington, DE 19801
BY HAND DELIVERY BY EMAIL AND FIRST CLASS MAIL
Richard D. Kirk, Esq. Mark C. Scarsi, Esq.
The Bayard Firm O'Melveny & Myers LLP
222 Delaware Avenue, Suite 900 400 S Hope Street
Wilmington, DE 19801 Los Angeles, CA 90071
BY EMAIL AND FIRST CLASS MAIL BY EMAIL AND FIRST CLASS MAIL
Robert Jacobs, Esq. Russell E. Levine, Esq.
Belasco Jacobs & Townsley, LLP Kirkland & Ellis LLP
Howard Hughes Center 200 E. Randolph Dr.
6100 Center Drive, Suite 630 Chicago, IL 60601
Los Angeles, CA 90045 1,
{ irlnr if
Sean P. Hayes ( 4413)