Index of Exhibits Exhibit 1 - Photograph of Offices of Simon, Galasso & Frantz Exhibit 2 - Photograph of Offices of Simon, Galasso & Frantz Exhibit 3 - Photograph of Offices of Simon, Galasso & Frantz Exhibit 4 - Omron Memorandum, dated August 3, 2003 Exhibit 5 - Omron Memorandum, dated October 28, 2003 Exhibit 6 - Email from Raymond M. Galasso to Herbert V. Kerner Exhibit 7 - Letter concerning approval of targets, dated April 23, 2004 Exhibit 8 - Omron Memorandum, dated March 17, 2004 Exhibit 9 - Letter concerning referral fee to be paid to Herbert V. Kerner Exhibit 10 - Emails between Herbert V. Kerner and Raymond M. Galasso Exhibit 11 - Email from Herbert V. Kerner to Omron re press release for ITC Action Exhibit 12 - Email from Herbert V. Kerner to Raymond M. Galasso concerning Omron's assistance with witness in Japan Exhibit 13 - Email from Raymond M. Galasso to lawyer in Japan re witness Exhibit 14 - Email from Herbert V. Kerner re legal research to assist Verve Exhibit 15 - Email from Herbert V. Kerner re legal research to assist Verve Exhibit 16 - Email from Herbert V. Kerner to Raymond M. Galasso referring to "licensing strategy" Exhibit 17 - Addendum 1-033004 between Omron and Verve Exhibit 18 - Presentation made to Omron on September 16, 2004, demonstrating that Hypercom's accused products do not infringe Omron's patents Exhibit 19 - Photograph of Hypercom T8 terminal Exhibit 20 - Photograph of Hypercom T8 terminal Exhibit 21 - Verve's website Exhibit 22 - Verve's "Point-Of-Sale Portfolio Assessment and Market Analysis"
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Exhibit 23 - Deposition of Tetsuyuki Nakano, March 2-3, 2005 Exhibit 24 - Deposition of Douglas Reich, March 23, 2005 Exhibit 25 - Deposition of Raymond Galasso, March 11, 2005 Exhibit 26 ITC Order No. 31 finding that Verve did not have standing to assert Omron's patent Exhibit 27 - Photograph of Hypercom T7 terminal Exhibit 28 - Photograph of Hypercom T7 terminal Exhibit 29 - Declaration of Bryan Farney, dated March 8, 2005 Exhibit 30 - Declaration of Douglas J. Reich, dated December 17, 2004 Exhibit 31 - Declaration of Douglas J. Reich, dated May 12, 2005 Exhibit 32 - Deposition of Douglas Reich, January 13, 2005 Exhibit 33 Complaint filed in Michigan by Verve Exhibit 34 First Amended Complaint filed in Michigan by Verve Exhibit 35 Second Amended Complaint filed in Michigan by Verve Exhibit 36 Complaint filed in Texas by Verve Exhibit 37 First Amended Complaint filed in Texas by Verve Exhibit 38 Complaint filed with the International Trade Commission by Verve Exhibit 39 Supplemental Complaint filed with the ITC by Verve Exhibit 40 Complaint filed in California by Verve Exhibit 41 Notice of dismissal of Michigan Action after it was transferred to Arizona Exhibit 42 Notice of dismissal of California Action Exhibit 43 ITC Order No. 49 terminating ITC investigation Exhibit 44 Notice filed with the ITC that Omron declined to join the proceedings as a party
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Exhibit 45 Order entered in Texas Action after the case was transferred to Arizona dismissing Verve's patent infringement claims, dated December 12, 2005 Exhibit 46 Amendment, dated April 18, 1990, responding to rejection by the Patent and Trademark Office of the application for Omron's U.S. Patent No. 5,012,077 Exhibit 47 Omron's U.S. Patent No. 5,012,077 Exhibit 48 Response to rejection by the Patent and Trademark Office of the application for Omron's U.S. Patent No. 4,562,341 Exhibit 49 Omron's U.S. Patent No. 4,562,341 Exhibit 50 Omron's U.S. Patent No. 4,678,895 Exhibit 51 Deposition of Kevin Imes, dated March 10, 2005 Exhibit 52 "assignment document" for Omron's U.S. Patent No. 5,012,077 Exhibit 53 "assignment document" for Omron's U.S. Patent No. 4,562,341 Exhibit 54 "assignment document" for Omron's U.S. Patent No. 4,678,895 Exhibit 55 ITC Order No. 17 compelling Verve to produce Omron agreements Exhibit 56 ITC Order No. 16 compelling Verve to produce Omron agreements Exhibit 57 Verve opposition to motion to compel in the ITC Action Exhibit 58 Verve response to interrogatories in the ITC Action Exhibit 59 Showing of Non-Coverage filed by Hypercom in the ITC proceeding Exhibit 60 Show Cause order issued by the ITC Exhibit 61 Letter from Sid Leach to Verve's attorneys, dated February 15, 2005 Exhibit 62 Order transferring Michigan Action to Arizona Exhibit 63 Order transferring Texas Action to Arizona Exhibit 64 ITC Order No. 9 excluding Simon, Galasso & Frantz law firm from ITC protective order Exhibit 65 Verve's response to ITC Order No. 9
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Exhibit 66 Response of the Commission Investigative Staff to Verve's response to ITC Order No. 9 Exhibit 67 ITC Order No. 10 to Verve to show cause why Simon, Galasso & Frantz should not be disqualified from the ITC investigation Exhibit 68 Verve's response to ITC Order No. 10 Exhibit 69 Response of the Commission Investigative Staff to Verve's response to ITC Order No. 10 Exhibit 70 Hypercom's motion in the ITC re Verve is the alter ego of Raymond Galasso and/or Kevin Imes Exhibit 71 Response of the Commission Investigative Staff to the response to ITC Order No. 40 of Verve, Simon Galasso & Frantz, Raymond Galasso, and Kevin Imes Exhibit 72 E-mail from Kevin Imes to Hebert Kerner, dated January 5, 2005 Exhibit 73 Agreement No. 081303 between Verve and Omron Exhibit 74 Agreement No. 101403 between Verve and Omron Exhibit 75 Agreement No. 031804 between Verve and Omron Exhibit 76 Order transferring Verve lawsuit against Becton Dickinson from Michigan to New Jersey Exhibit 77 Letter from Raymond Galasso to Chris Alexander, CEO of Hypercom, dated September 15, 2003 Exhibit 78 Civil Cover Sheet for Michigan lawsuit filed by Verve Exhibit 79 Patent, Trademark or Copyright Information sheet for Michigan lawsuit filed by Verve Exhibit 80 Letter from Raymond Galasso to David Caplan, counsel for Hypercom, dated October 16, 2003 Exhibit 81 Verve LLC Information obtained from Texas Secretary of State Exhibit 82 Simon, Galasso & Frantz website
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Exhibit 83 Copy of docket, dated November 4, 2003, for Michigan lawsuit Exhibit 84 Copy of docket, dated November 5, 2003, for Verve's Michigan lawsuit against Becton Dickinson Exhibit 85 Copy of docket, dated November 5, 2003, for Verve's Michigan lawsuit against Rem Driver, Inc. Exhibit 86 Respondents' Joint Reply to Verve's Response to Show Cause Order Exhibit 87 - E-mail from R. Galasso to H. Kerner, dated September 5, 2003 Exhibit 88 Hypercom technical manual re ICE 6000 Exhibit 89 Certificate of Organization of Verve LLC Exhibit 90 Articles of Organization of Verve LLC Exhibit 91 2002 tax return for Verve, L.L.C. Exhibit 92 2003 tax return for Verve, L.L.C.
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