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

Case 1:04-cv-00858-SLR

Document 166

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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. LML PATENT CORP.'S FIRST 30(b)(6) DEPOSITION NOTICE TO NACHA 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 June 28, 2005, at the law offices of Kirkland & Ellis LLP, 655 Fifteenth St., N.W., Washington, D.C. 20005-5793, as noted on the attached subpoena, or at such other location and time as the parties shall agree, it will take the deposition of NACHA by oral examination of witness(es) designated by NACHA 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 NACHA should be prepared to testify as to such matters known or reasonably available to NACHA. 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. ) ) ) ) ) ) ) ) ) ) )

Civil Action No. 04-858 SLR

Case 1:04-cv-00858-SLR

Document 166

Filed 05/18/2005

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You are invited to attend and cross-examine the witness. DATED this 18th day of May, 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 KIRKLAND & ELLIS LLP 200 East Randolph Drive Chicago, Illinois 60601 (312) 861-2000 Attorneys for LML Patent Corp.

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SCHEDULE A 1. In accordance with Rule 30(b)(6) of the Federal Rules of Civil Procedure, NACHA shall identify, designate and produce for deposition one or more officers, directors, managing agents or other knowledgeable persons to testify on its behalf regarding the subject matter of the following categories: 2. Any information relating to the history, operation and organizational structure of NACHA, including, but not limited to, the formation of the Electronic Check Council and the establishment of NACHA's guidelines and regulations relating to electronic check conversion transactions. 3. Any equipment, component, system, or services manufactured, sold, offered for sale, leased, used, or imported by the Defendants TeleCheck Services, Inc., Nova Information Systems, Inc., Electronic Clearing House, Inc., XpressChex, Inc., or any of their parents, subsidiaries or affiliates for or associated with the conversion of checks, presented at points of sale, to electronic transactions. 4. Any knowledge, communications and/or actions taken by NACHA relating to United States Patent Nos. 5,484,988; 6,164,528; or 6,283,366, Robert Hills, Henry Nichols, LML, and/or the litigation captioned LML Patent Corp. v. TeleCheck Services, Inc. et al. (C.A. No. 04-858 (SLR)) filed on July 14, 2004 in the United States District Court for the District of Delaware. 5. Any attempt(s) by any entity to license or purchase U.S. Patent Nos. 5,484,988; 6,164,528; and/or 6,283,366. 6. All communications between NACHA and TeleCheck Services, Inc., Nova Information Systems, Inc., Electronic Clearing House, Inc., XpressChex, Inc., or any of their parents, subsidiaries or affiliates relating or referring to LML Payment Systems, Inc., 3

Case 1:04-cv-00858-SLR

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Chequemark, Inc., or any of their parents, subsidiaries or affiliates, Robert R. Hills, Henry R. Nichols, Global eTelecom, Inc., John Beebe, or U.S. Patent Nos. 5,484,988; 6,164,528; and/or 6,283,366. 7. Any opinion(s) of counsel obtained by or for NACHA or any other party referring or relating to U.S. Patent Nos. 5,484,988; 6,164,528; and/or 6,283,366. 8. The industry standards or rules governing the conversion of checks, presented at points of sale, to electronic transactions including development of those standards or rules. 9. The development and operation of electronic check conversion, including but not limited to any pilot programs referring or relating to the electronic conversion of checks. 10. The number of electronic check conversion transactions in the Point of Sale field ("POP Field") that each operator, user, and/or member conducted or processed for each month from 1996 to the present. 11. The fees, profits, revenues, costs or expenses incurred by users of electronic check conversion systems, including but not limited to Nova Information Systems, Inc., TeleCheck Services, Inc., Electronic Clearing House, Inc. or Xpresschex, Inc., from January 16, 1996 to present. 12. The presentation entitled "Electronic Check Patents--What Do You Need to Know?" made by Mark K. Suri of Jenner & Block on April 13, 1999, including but not limited to all communications between NACHA and Mark K. Suri referring or relating to such presentation. 13. The market share breakdown for of electronic check conversion systems, including but not limited to Nova Information Systems, Inc., TeleCheck Services, Inc., Electronic Clearing House, Inc. or Xpresschex, Inc., from January 16, 1996 to present.

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CERTIFICATE OF SERVICE I hereby certify that on the 18th day of May, 2005, I electronically filed the foregoing document, LML PATENT CORP.'S FIRST 30(b)(6) DEPOSITION NOTICE TO NACHA, 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 18th day of May, 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] [email protected] Attorneys for Plaintiff LML PATENT CORP.

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