Free Redacted Document - District Court of Delaware - Delaware

Case 1:04-cv-00858-SLR

Document 309

Filed 10/28/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE LML PATENT CORP., Plaintiff, v. TELECHECK SERVICES, INC., ELECTRONIC CLEARING HOUSE, INC., PUBLIC VERSION XPRESSCHEX, INC. and NOVA INFORMATION SYSTEMS, INC., Defendants. C.A. 04-858 (SLR)

DECLARATION OF TIMOTHY DEVLIN IN SUPPORT OF DEFENDANTS' REPLY BRIEF REGARDING CONSTRUCTION OF DISPUTED CLAIM TERMS FOR THE PATENT-IN-SUIT

William J. Marsden (#2247) Timothy Devlin (#4241) Tara D. Elliott (#4483) FISH & RICHARDSON P.C 919 N. Market Street, Suite 1100 Wilmington, DE 19899-1114 Attorneys for Telecheck Services, Inc Richard D. Kirk. (#922) THE BAYARD FIRM 222 Delaware Avenue, Suite 900 Wilmington, DE 19801 Attorneys for Nova Information Systems, Inc. Dated: October 21, 2005 Public Version: October 28, 2005

Collins J. Seitz, Jr. (#2237) CONNOLLY BOVE LODGE & HUTZ LLP The Nemours Building 1007 North Orange Street P.O. Box 2207 Wilmington, DE 19801 Attorneys for Electronic Clearing House, Inc. and XpressChex, Inc.

Case 1:04-cv-00858-SLR

Document 309

Filed 10/28/2005

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I, TIMOTHY DEVLIN, declare as follows: 1. I am a principal 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 the Defendants' Reply Brief

Regarding Construction Of Disputed Claim Terms For The Patent-In-Suit. 3. Attached hereto as Exhibit 1 is a true and correct copy of the LML Patent

Corporation's Objection and Responses to TeleCheck Services, Inc.'s First Set of Interrogatories to LML, dated November 15, 2004; and 4. Attached hereto as Exhibit 2 is a true and correct copy of LML Patent

Corporation's Proposed Claim Constructions, dated April 15, 2005.

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. /s/ Timothy Devlin Timothy Devlin (#4241)
80027871.doc

Case 1:04-cv-00858-SLR

Document 309

Filed 10/28/2005

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CERTIFICATE OF SERVICE I hereby certify that on this 21st day of October, 2005, a true and correct copy of DECLARATION OF TIMOTHY DEVLIN IN SUPPORT OF DEFENDANTS' REPLY BRIEF REGARDING CONSTRUCTION OF DISPUTED CLAIM TERMS FOR THE PATENT-IN-SUIT was caused to be served on the attorneys of record at the following addresses as indicated: BY HAND DELIVERY Richard K. Herrmann, Esq. Morris, James Hitchens & Williams LLP 222 Delaware Avenue, 10th Floor Wilmington, DE 19899 BY HAND DELIVERY Richard D. Kirk, Esq. The Bayard Firm 222 Delaware Avenue, Suite 900 Wilmington, DE 19801 BY HAND DELIVERY Collins J. Seitz, Jr., Esq. Connolly Bove Lodge & Hutz LLP The Nemours Building 1007 North Orange Street P.O. Box 2207 Wilmington, DE 19801 BY EMAIL AND FIRST CLASS MAIL Robert Jacobs, Esq. Belasco Jacobs & Townsley, LLP Howard Hughes Center 6100 Center Drive, Suite 630 Los Angeles, CA 90045 BY EMAIL AND FIRST CLASS MAIL Russell E. Levine, Esq. Kirkland & Ellis LLP 200 E. Randolph Dr. Chicago, IL 60601 BY EMAIL AND FIRST CLASS MAIL Mark C. Scarsi, Esq. O' Melveny & Myers LLP 400 S Hope Street Los Angeles, CA 90071

/s/ Timothy Devlin Timothy Devlin