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

Case 1:04-cv-00858-SLR

Document 100

Filed 04/15/2005

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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 FIRST RULE 30(b)(6) DEPOSITION NOTICE TO NOVA INFORMATION SYSTEMS, 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 May 25, 2005 at the law offices of Morris, James, Hitchens & Williams LLP, 222 Delaware Avenue, 10th Floor, Wilmington, Delaware 19801, or at such other time and place mutually agreed upon by counsel for the parties, it will take the deposition of defendant Nova Information Systems, Inc. ("Nova") by oral examination of witness(es) designated by Nova 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 Nova should be prepared to testify as to such matters known or reasonably available to Nova. Nova's counsel is requested to provide to LML's counsel, on or before May 16, 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 100

Filed 04/15/2005

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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. Notice is herewith provided to all counsel who are invited to attend and cross-examine.

DATED this 15th day of April, 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 100

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SCHEDULE A 1. An explanation of all types of services and packages of services offered for sale

by Nova, including an explanation of any equipment sold or leased by Nova that is used in connection with any service sold or offered for sale by Nova. 2. The unit and dollar volume of Nova's sales that are attributable to the electronic

check conversion service offered for sale by Nova. 3. The costs to Nova that are associated with the electronic check conversion service

that Nova offers for sale. 4. Nova's pricing and/or practices relating to the sale of electronic check conversion

services either by itself or in connection with a package of services, and the manner by which Nova establishes its prices. 5. Nova's contentions regarding what would constitute a reasonable royalty if Nova

is found liable for infringement of the patents in suit, and the bases for these contentions. 6. All license agreements, including all negotiations therefore, Nova has considered,

negotiated or entered into concerning the checking services offered for sale by Nova. 7. 8. 9. 10. 11. 12. 13. The commercial success or popularity of electronic check conversion. Alternatives to electronic check conversion. Customary royalty rates in the checking industry. The percentage of Nova transactions that involve electronic check conversion. Market share breakdown by provider in the field of electronic check conversion. Customer comments or feedback regarding electronic check conversion. Identification of the types of financial documents created and/or maintained by

Nova and the person(s) responsible for such documents.

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Case 1:04-cv-00858-SLR

Document 100

Filed 04/15/2005

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CERTIFICATE OF SERVICE I hereby certify that on the 15th day of April, 2005, I electronically filed the foregoing document, PLAINTIFF'S FIRST RULE 30(b)(6) DEPOSITION NOTICE TO NOVA INFORMATION SYSTEMS, 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 15th day of April, 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. 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 LML Patent Corp.

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