Free Declaration - District Court of Arizona - Arizona

FROM: PETER HEUSER
SENT: THURSDAY, OCTOBER 20, 2005 3:44 PM
TO! ’ED NEWBEGIN' ; °[email protected]' ; `[email protected]` ; '[email protected]'
Cc: ANITA TAEAYOYON
SUBJECT: TC WITH MARK KITTREDGE
I CALLED MARK KITTRIDGE THIS AFTERNOON AND TOLD HIM THE PTO HAD RULED AND I ASKED HIM IF HE HAD
SEEN IT. HE
SAID NO. I TOLD HIM PATENTABILITY OF ALL OF THE CLAIMS HAD BEEN CONFIRMED. I SAID WE ALWAYS KNEW
THAT THIS
WAS A POSSIBILITY AND WE HAD SAID THAT THE DEAL NEEDED TO BE SIGNED BEFORE THE PTO RULED OR WE
WOULD BE
BACK TO NEGOTIATION. HE SAID "THAT IS WHAT YOU SAID, BUT I ALWAYS SAID WE HAD A DEAL THAT MERELY
NEEDED TO
BE CONFIRMED IN WRITING. ” HE THEN SAID THAT I GUESS WE AGREE THAT WE DISAGREE ON WHETHER THERE IS
OR WAS
A DEAL.
I TOLD HIM IN THE NEXT COUPLE OF DAYS I WOULD DRAFT A SHORT STATEMENT TO THE COURT REGARDING THE
PTO RULTNG,
TO BE SUBMITTED JOINTLY BY US. I ALSO TOLD HIM I WOULD EMAIL HIM COPIES OF THE PTO RULING.
PETER E. HEUSER
KODTSOH HARTNELL, P.C.
INTELLECTUAL PROPERTY ATTORNEYS
520 Sw YAMHILL STREET, SUITE 200
PORTLAND, OREGON 97204
PHONE: (503) 224—6655
FACSIMILE: (503) 295-6679
EMAIL : HEUSER@KHPATENT . COM
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Exhibit Q Page 1
Case 2:04-cv—00544—PGR Document 67-13 Filed 03/31/2006 Page 1 Of 1 WAE 6713

Exhibit Q Page 1
Case 2:04-cv-00544-PGR Document 67-13 Filed 03/31/2006 Page 1 of 1

WAE 6713