Free Redacted Document - District Court of Delaware - Delaware

Case 1 :04-cv-00418-SLR Document 226 Filed 1 1/29/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SEAGATE TECHNOLOGY LLC,
_ Plaintiff; C.A. No. 04-418 (SLR)
v.
COp.NiCE,mC. REDACTED
Defendant.
DECLARATION OF TIMOTHY DEVLIN IN SUPPORT OF PLAINTIFF SEAGATE
TECHNOLOGY LLC’S MOTION FOR SUMMARY JUDGMENT ON CORNICE’S
LICENSING-RELATED DEFENSES (CORNICE’S NINTH, TENTH, ELEVENTH
AND TWELFTH AFFIRMATIVE DEFENSES) AND ON CORNICE’S BREACH OF
CONTRACT COUNTERCLAIM ‘
I, Timothy Devlin, declare as follows: .
I. I am member of Fish & Richardson P.C., counsel of record in this action for
Seagate Teclmology LLC ("Seagate"). I am a member of the Bar of the State of Delaware and of
this Court. Ihave personal knowledge of the matters stated in this declaration and would testify
truthfully to them if called upon to do so.
2. True and accurate copies of the following documents are attached as exhibits, as
listed, in support of this declaration and the concurrently tiled summary judgment brief.
Enrhibit Document
A U.S. Patent No. 5,452,159.
B U.S. Patent No. 5,596,461.
C U.S. Patent No. 5,600,506.
D U.S. Patent No. 6,146,754.
E U.S. Patent No. 6,324,054.
F U.S. Patent No. 6,545,845.
G U.S. Patent No. 7,744,606.

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Y Form-10-K Annual Report for the Fiscal Year ended July 1, 2005, filed by
Seagate Technology with the Securities and Exchange Commission.

Case 1:04-cv-00418-SLR Document 226 Filed 11/29/2005 Page 3 of 4
Z Form 20-F Annual Report for the Fiscal Year ended March 31, 2005, tiled by
TDK Corporation with the Securities and Exchange Commission.
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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 Washington, D.C. on November 18,
2005.
/.9/ T imothy Devlin
Timothy Devlin

Case 1:04-cv-00418-SLR Document 226 Filed 11/29/2005 Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that on November 28, 2005, I electronically filed with the Clerk of Court
using CM/ECF which will send notification of such ti1ing(s) to the following:
Jack B. Blumenfeld, Esquire Attorneys for Defendant
MORRIS NICHOLS ARSHT & Comice, Inc.
TUNNELL
1201 N. Market Street
P.O. Box 1347
Wilmington, DE 19899-1347
I hereby certify that on November 28, 2005, I have mailed by Federal Express Service,
the document(s) to the following non—registered participants:
Mathew D. Powers Attorneys for Defendant
Jason D. Kipnis Comice, Inc.
WEIL, GOTSHAL & MANGES LLP
201 Redwood Shores Parkway
Redwood Shores, CA 94065
Russell Wheatley Attorneys for Defendant
WEIL, GOTSHAL & MANGES LLP Comice, Inc.
700 Louisiana, Suite 1600
Houston, TX 77002
Alan J. Weinschel Attorneys for Defendant
David C. Radulescu Comice, Inc. _
Arlene Hahn
WEIL, GOTSHAL & MANGES LLP
767 Fifth Avenue
New York, NY 10153
/s/ Timothy Devlin
Timothy Devlin

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