Free Declaration - District Court of Arizona - Arizona

Voicemail left on Peter Heuser's telephone by Mark Kittredge on August 12, 2005

Hi Pete, this is Mark Kittredge calling you back in response to the conversation we had yesterday afternoon, I think it was. I'm not gonna, uh, I've gone back and looked at that paragraph and that language, and I'm not going to be able to recommend that we actually make that change that you proposed. The bottom line is, I guess, two-fold. One, we want to make sure that we are identifying parts by manufacturer and by parts number, and we want to be able to make sure that we can buy and use those parts wherever they come from. For example, I don't want to have to have a fight if the manufacturer later on changes the part number, and we have to argue and somehow even prove that it really is the same part. Secondly, you know, there is consolidation in the industry. It's happened in the past and quite likely could happen in the future, that one manufacturer's part could be made by another manufacturer in the future, or a different part number, again and again. I just want to make sure that we don't have a problem using these emitters in the future, and that's why I think that's why we need the representation and warranty that the specific parts don't infringe. Secondly, I guess, is that we started out with some good, broad, simple protection with respect to these issues. If you go back and look at your email of June 22nd, you'll see we agreed at your insistence to give up the license language that related here, also in part because we already had, or were getting, the representation and warranty of non-infringement and the covenant not to sue. I just, you know, I know my client will feel like it, and I certainly do, that we are whittling away and whittling away at each thing one step at a time, and I am just not comfortable doing that. Feel free to give me a yell if you want to chat about this. I am at 602-351-8130. Thanks, Pete.

WAE 06689 1 Exhibit M Page
Case 2:04-cv-00544-PGR Document 67-10 Filed 03/31/2006 Page 1 of 1