Free Notice to Take Deposition - District Court of Delaware - Delaware

Case 1:04-cv-00858-SLR

Document 212

Filed 06/28/2005

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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., XPRESSCHEX, INC., AND NOVA INFORMATION SYSTEMS, INC. Defendants. PLAINTIFF'S FOURTH RULE 30(b)(6) DEPOSITION NOTICE TO ELECTRONIC CLEARING HOUSE, INC. PLEASE TAKE NOTICE that in accordance with the provisions of Rules 26 and 30 of the Federal Rules of Civil Procedure, plaintiff LML Patent Corp. ("LML") hereby provides notice that commencing at 9:00 a.m. on July 13, 2005 at the law offices of Kirkland & Ellis LLP, 777 South Figueroa Street, Los Angeles, California, or at such other time and place mutually agreed upon by counsel for the parties, it will take the deposition of defendant Electronic Clearing House, Inc. ("Echo") by oral examination of witness(es) designated by Echo to testify on its behalf as the person(s) most competent to testify concerning the matters listed on attached Schedule A. Pursuant to Federal Rule of Civil Procedure 30(b)(6), the person(s) designated by Echo should be prepared to testify as to such matters known or reasonably available to Echo. Echo's counsel is requested to provide to LML's counsel, on or before June 30, 2005, a written designation of the names and positions of the officers, directors, managing agents ) ) ) ) ) ) ) ) ) ) )

Civil Action No. 04-858 SLR

Case 1:04-cv-00858-SLR

Document 212

Filed 06/28/2005

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or other persons who are most competent to testify concerning the matters set forth in Schedule A, and for each person designated, the matters on which he or she will testify. The depositions will be taken upon oral examination before an official authorized by law to administer oaths and will continue from day to day until completed. Pursuant to Rule 30(b)(2), testimony of the witness(es) will be recorded by both stenographic and videographic means.

DATED this 28th day of June, 2005 /s/ Richard K. Herrmann Richard K. Herrmann #405 MORRIS JAMES HITCHENS & WILLIAMS LLP 222 Delaware Avenue, 10th Floor Wilmington, Delaware 19801 (302) 888-6800 [email protected] Russell E. Levine, P.C. Jamie H. McDole Edward K. Runyan KIRKLAND & ELLIS LLP 200 East Randolph Drive Chicago, Illinois 60601 (312) 861-2000 Attorneys for LML Patent Corp.

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Case 1:04-cv-00858-SLR

Document 212

Filed 06/28/2005

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SCHEDULE A 1. An explanation of the costs included in ECHO's profitability analysis as reflected

on ECHO 0025064-0025065. 2. An explanation of how all allocated and unallocated costs including any

profitability analysis of ECHO's XpressConversion and/or VISA POS Check Conversion product were accounted for by ECHO.

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Case 1:04-cv-00858-SLR

Document 212

Filed 06/28/2005

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CERTIFICATE OF SERVICE I hereby certify that on the 28th day of June, 2005, I electronically filed the foregoing document, PLAINTIFF'S FOURTH RULE 30(b)(6) DEPOSITION NOTICE TO ELECTRONIC CLEARING HOUSE, INC., with the Clerk of the Court using CM/ECF which will send notification of such filing to the following: Collins J. Seitz, Jr., Esq. Francis DiGiovanni, Esq. Connolly Bove Lodge & Hutz LLP 1007 North Orange Street Wilmington, DE 19801 Richard D. Kirk, Esq. The Bayard Firm 222 Delaware Avenue, 9th Floor Wilmington, DE 19801 Additionally, I hereby certify that on the 28th day of June, 2005, the foregoing document was served via email on the following non-registered participants: Robert Jacobs, Esq. Mark B. Mizrahi, Esq. Belasco Jacobs & Townsley, LLP Howard Hughes Center 6100 Center Drive, Suite 630 Los Angeles, CA 90045 Mark C. Scarsi, Esq. Vision L. Winter, Esq. O'Melveny & Myers LLP 400 South Hope Street Los Angeles, CA 90071 William J. Marsden, Jr., Esq. Timothy Devlin, Esq. Fish & Richardson, P.C. 919 North Market Street, Suite 1100 Wilmington, DE 19801

/s/ Richard K. Herrmann Richard K. Herrmann (#405) Mary B. Matterer (#2696) MORRIS, JAMES, HITCHENS & WILLIAMS LLP 222 Delaware Avenue, 10th Floor Wilmington, Delaware 19801 (302) 888-6800 [email protected] Attorneys for Plaintiff LML PATENT CORP.

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