Free Redacted Document - District Court of Delaware - Delaware

Case 1 :04-cv-00858-SLR Document 31 1 Filed 10/28/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
LML PATENT CORP.,
Plai““ff» c.A. 04-258 (SLR)
v.
TELECHECK SERVICES, INC.,
ELECTRONIC CLEARING HOUSE, INC., PUBLIC VERSION
XPRESSCHEX, INC. and NOVA
INFORMATION SYSTEMS, INC.,
Defendants.
DECLARATION OF TIMOTHY DEVLIN IN SUPPORT OF
DEFENDANTS’ RESPONSE TO LML PATENT CORP.’S MOTION TO STRIKE
THE SECOND SUPPLEMENT TO THE EXPERT REPORT OF DAVID P.
KURRASCH REGARDING 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
Attorneys for Telecheck Services, Inc.
Dated: October 21, 2005

Case 1:04-cv-00858-SLR Document 311 Filed 10/28/2005 Page 2 of 3
I, TIMOTHY DEVLIN, declare as follows: I
1. I am a principal at the law firm of Fish & Richardson P.C., cotmsel 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 the Defendants’ Response to LML
Patent Corp.’s Motion to Strike the Second Supplement to the Expert Report of David P.
Kurrasch Regarding Invalidity.
3. Attached hereto as Exhibit 1 is a true and correct copy of U.S. Patent No.
5,175,682 (Higashiyama) bearing Bates Nos. FDC50001 5 1 -58.
4. Attached hereto as Exhibit 2 is a true and correct copy of a letter
i1EDA€Y?”i‘iE P
5. Attached hereto as Exhibit 3 is a true and correct copy of excerpts of the
1991 ACH Rules bearing Bates Nos. ECHO 0022652, 0022655 and 0022681. _
6. Attached hereto as Exhibit 4 is a true and correct copy of excerpts of the
tegtt/terms
2

Case 1 :04-cv-00858-SLR Document 31 1 Filed 10/28/2005 Page 3 of 3 ~
I declare under penalty of perjury under the laws of the United States that the
foregoing is true and correct and this declaration was executed by me in Wilmington,
Delaware on October 21, 2005.
Timothy Devlin (#4241)
3