Free Redacted Document - District Court of Delaware - Delaware

Case 1 :04-cv-00858-SLR Document 293 Filed 10/17/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
LML PATENT CORP. )
)
Plaintiff, ) Civil Action No. 04-858-SLR
vs. )
) Judge Sue L. Robinson
TELECHECK SERVICES, lNC. )
ELECTRONIC CLEARING HOUSE, )
INC., XPRESSCHEX, INC., AND )
NOVA INFORMATION SYSTEMS, INC. ) PUBLIC VERSION
)
Defendants. )
)
DECLARATION OF AARON D. CHARFOOS IN SUPPORT OF
LML PATENT CORP.’S OPENING BRIEF ON ISSUES OF CLAIM CONSTRUCTION
Richard K. Herrmann (I.D. No. 405)
MORRIS JAMES HITCHENS & WILLIAMS LLP
222 Delaware Avenue, 10th Floor
Wilmington, Delaware 19801
302.888.68OO
[email protected]
Russell E. Levine, P.C.
Jamie H. McDole
Aaron D. Charfoos
Edward K. Runyan
Lesley G. Smith
KIRKLAND & ELLIS LLP
200 East Randolph Drive
Chicago, Illinois 60601 I
312.861.2000
Counsel for Plaintyj'LML Patent Corp.
Originally Filed: October 7, 2005
Public Version Filed: October 17, 2005

Case 1:04-cv-00858-SLR Document 293 Filed 10/17/2005 Page 2 of 4
DECLARATION QF AARON D. CHARFOOS
I, Aaron D. Charfoos, declare as follows:
1. I am an associate ofthe law firm of Kirkland & Ellis LLP, and counsel for plaintiff LML
Patent Corp. ("LML"). I am a member in good standing of the bar of the state of Illinois, and
I am admitted to practice pro hac vice in the United States District Court for the District of
Delaware for this case. The facts set forth below are known to me personally and I could
competently testify hereto if called as a witness in this action. -
2. Attached hereto as Exhibit A is a true and correct copy of U.S. Patent No. 5,484,988.
3. Attached hereto as Exhibit B is a true and correct copy of the parties’ Joint Claim
Construction Statement, including the claim terms that the parties have agreed that the Cotut
needs to construe.
4. Attached hereto as Exhibit C is a true and correct copy of the prosecution history of U.S.
Patent No. 5,484,988 from the United States Patent and Trademark Office.
5. Attached hereto as Exhibit D is a true and correct copy of a document bearing Bates Number
NOVA-01464 that has been marked "Attomey’s Eyes Only - Outside Counsel Only" by
Nova Information Systems ("Nova").
6. Attached hereto as Exhibit E is a true and correct copy of a document bearing Bates Numbers
FDClO33026-42. ·
7. Attached hereto as Exhibit F is a true and correct copy of selected portions of the 2005 ACH
Rules bearing Bates Numbers LML-EP-055337-65.
8. Attached hereto as Exhibit G is a true and correct copy of excerpts num the deposition
testimony of Jane Larimer, dated July 28, 2005.
9. Attached hereto as Exhibit H is a true and correct copy of excerpts from the deposition
testimony of David P. Kurrasch, dated September 29, 2005.
10. Attached hereto as Exhibit I is a true and correct copy of excerpts from the deposition `
testimony of Stephen A. Schutze, dated September 30, 2005.
11. Attached hereto as Exhibit J is a true and correct copy of a document bearing Bates Numbers
LML—EP-01 1768-83.
12. Attached hereto as Exhibit K is a true and correct copy of a document bearing Bates
Numbers LML-BP-011547-65.
13. Attached hereto as Exhibit L is a true and correct copy of selected portions of the 2000 ACH
Rules bearing Bates Numbers LML-EP-058398, LML-EP-058403-07, LML-EP-058439-40,
LML-EP-058454-62, LMLFEP-058640-52, and LML—EP-058801-06.
_ 2

Case 1:04-cv-00358-SLR Document 293 Filed 10/17/2005 Page 3 of 4
14. Attached hereto as Exhibit M is a true and correct copy of a document bearing Bates Number
NACHA 004637 that has been marked "Confidential" by NACHA.
15. Attached hereto as Exhibit N is a true and correct copy of a document bearing Bates Number
NOVA-33438 that has been marked "Attomey’s Eyes Only - Outside Counsel Only" by
Nova.
16. Attached hereto as Exhibit O is a true and correct copy of a document bearing Bates Number I
NOVA—30167 that has been marked "Attorney’s Eyes Only - Outside Counsel Only" by
Nova.
17. Attached hereto as Exhibit P are true and correct copies of documents entitled "ACH Volume -
_ Grows 20.7 Percent in 2“° Quarter 2004" and "ACH Volume Grows 21.3 Percent in 4***
Quarter 2004". _
18. Attached hereto as Exhibit Q is a true and correct copy of a document marked as PX 1018
that has been marked “F0r Outside Counsel Only" by TeleCheck Services, Inc.
19. Attached hereto as Exhibit R is a true and correct copy of the Office Action ofthe United
States Patent and Trademark Office, dated September 23, 1993.
20. Attached hereto as Exhibit S is a true and correct copy of the Response to the September 23,
1993 Office Action of the United States Patent and Trademark Office dated December 22,
1993.
21. Attached hereto as Exhibit T is a true and correct copy of the Response to the October 28,
1994 Office Action of the United States Patent and Trademark Office dated January 30,
- 1995.
22. Attached hereto as Exhibit U is a true and correct copy of definitions from the Webster 's
Third New International Dictionary (1993). ·
I declare under penalty of perjury under the laws of the Unite e ates that the . + 01Ilg is
true and correct and that this declaration was executed •· t _ : ‘ •. · f O •· 2005 in
Chicago, Illinois.
Aaro . harfoos
_

Case 1:04-cv-00858-SLR Document 293 Filed 10/17/2005 Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that on the 17th day of October, 2005, I electronically tiled the
foregoing document, PUBLIC VERSION OF DECLARATION OF AARON D.
CHARFOOS IN SUPPORT OF LML PATENT CORP.’S OPENING BRIEF IN
ISSUES OF CLAIM CONSTRUCTION, with the Clerk of the Court using CM/ECF
which will send notification of such filing to the following:
Collins J. Seitz, Jr., Esq. William J. Marsden, Jr., Esq.
Francis DiGiovanni, Esq. Timothy Devlin, Esq.
Connolly Bove Lodge & Hutz LLP Fish & Richardson, P.C.
1007 North Orange Street 919 North Market Street, Suite 1100
Wilmington, DE 19801 Wilmington, DE 19801
Richard D. Kirk, Esq.
The Bayard Firm _
222 Delaware Avenue, 9th Floor
Wihnington, DE 19801
Additionally, I hereby certify that on the 17th day of October, 2005, the foregoing
document was served via email on the following non-registered participants:
Robert Jacobs, Esq. Mark C. Scarsi, Esq.
Mark B. Mizrahi, Esq. Vision L. Winter, Esq.
Belasco Jacobs & Townsley, LLP O’Melveny & Myers LLP
Howard Hughes Center 400 South Hope Street
6100 Center Drive, Suite 630 Los Angeles, CA 90071
Los Angeles, CA 90045
/s Richard K Herrmann
Richard K. Herrmann (#405)
Mary B. Matterer (#2696)
MORRIS, JAMES, HITCHENS & WILLLAMS
LLP
222 Delaware Avenue, 10th Floor
Wihnington, Delaware 19801
(302) 888-6800
[email protected]
[email protected]
Attomeys for Plaintiff LML PATENT CORP.