Free Redacted Document - District Court of Delaware - Delaware

Case 1 :04-cv-00858-SLR Document 375 Filed 1 1/04/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
LML PATENT CORP.,
P““““ff» c.A. NO. 04-ass (sua)
v.
TELECHECK SERVICES, INC.,
ELEcrRoN1c CLEARING HOUSE, mc., PUBLIC VERSION
XPRESSCHEX, INC. and NOVA
INFORMATION SYSTEMS, INC.,
Defendants.
DECLARATION OF TIMOTHY DEVLIN IN SUPPORT OF
DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT
OF INVALIDITY
FISH & RICHARDSON P.C
William J. Marsden (#2247)
Timothy Devlin (#4241)
Tara D. Elliott (#4483)
919 N. Market Street, Suite 1100
Wilmington, DE 19899-1114
Attomeys for Telecheck Services, Inc.
Dated: October 28, 2005
Public Version: November 4, 2005

Case 1 :04-cv-00858-SLR Document 375 Filed 1 1/04/2005 Page 2 ot 3
I I, 'Zl`IMO'I`HY DEVLIN, declare as follows:
l. I am a principal at the law firm of Fish & Richardson P.C., counsel of record
_ for Defendant TeleCheck Services, Inc. (“Telecheck") in the abovecaptioned matter. I
make this declaration of my own personal knowledge, and if called upon as a witness

2. i submit this declaration in support ofthe Defendants Motion For Summary I
Judgment Of invalidity. A I
3. Attached hereto as Exhibit A is a true and correct copy of U.S. Patent No. .
5,484,988 bearing Bates Nos. LML-EP 00000146. I
‘ 4. Attached hereto as Exhibit B is a true and correct copy of U.S. Patent No. -
5,175,682 bearing Bates Nos. FDC 5000151-58.
5. Attached hereto as Exhibit C is a copy of a description of U.S. Patent No.
5,175,682 to Higashiyama et ai.
6. Attached hereto as Exhibit D is a true and correct copy ofthe Joint Proposed
Claim Construction Chart filed on Oct. 7, 2005.
7. Attached hereto as Exhibit E is a copy of an Invaiidity Claim Chart
comparing U.S. Patent No. 5,175,682 to U.S. Patent No. 5,484,988.
8. Attached hereto as Exhibit F
I 9_ Attached hereto 35 Exhibit G ,...
10. Attached hereto as Exhibit H fllvp p pfyy W I
11. Attached hereto as Exhibit I is a true and correct copy of a Preliminary
I Amendment dated June 8, 1994, hearing Bates Nos. Ll\/IL-EP 000170-79.

Case 1 :04-cv-00858-SLR Document 375 Filed 1 1/04/2005 Page 3 of 3
12. Attached hereto as Exhibit J ..,_. , ._;; ._.,, .
E3. Attached hereto as Exhibit K
A118ChCd 1'1€I`€tO BS L y;_,»—.;t; jg; ,,_ :_` =.. ·—:_‘» j
15. Attached hereto as Exhibit M is a true and correct copy of LML Patent .
Corpfs Objections and Responses to Te1eCheck. Services, Incfs First Set of I
lnterrogatories to LML dated Nov. 15, 2004, specifically Interrogatory No. 2. I
16. Attached hereto as Exhibit N is a true and correct copy of LML Patent ‘
Corpfs Proposed Claim Construction Chart dated Apr. 15, 2005.
17. Attached hereto as Exhibit O _·e-j _z;..
I declare under penalty of perjury under the laws ofthe United States that the
foregoing is tmc and correct and this declaration was executed by me in Wilmington,
Deiaware on October 28, 2005.
/s/ Timothy Devlin
Timothy Devlin (#4241)
2