Free Response in Opposition to Motion - District Court of Arizona - Arizona

EXHIBIT 2

Case 2:04-cv-00400-PGR

Document 208-3

Filed 04/30/2007

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SIMON, GALASSO & FRANTZ, PLC
115 WILD BASIN ROAD, SUITE 107 AUSTIN, TEXAS 78746 Telephone 512-306-8533 Facsimile 512-306-8559
Gregory S. Donahue

LAW OFFICES

[email protected]

Troy, Michigan Office 363 W. Big Beaver Road, Suite 300 Troy, Michigan 48084 Telephone: 248-720-0290 Facsimile: 248-720-0291

February 17, 2005

VIA E-MAIL .PDF Sid Leach, Esq. Andy Halaby, Esq. Snell & Wilmer LLP One Arizona Center Phoenix, Arizona 85004

Re: Case No. CV04-0400 PHX PGR; Hypercom Corporation v. Verve LLC and Omron Corporation

Dear Mr. Leach: Please find Verve LLC's responses to Hypercom Corporation's amended first set of interrogatories and modified document requests in the e-mail accompanying this letter. As you are aware, the Court only permitted discovery on personal jurisdictional issues in its December 20, 2004 Order. In light of this, we were surprised that so many of Hypercom Corporation's interrogatories and document requests were unrelated to personal jurisdiction. Only interrogatory No. 8 and document requests Nos. 29, 31-32, 34-35, and 40 were specifically related to personal jurisdiction in Arizona. Nevertheless, we attempted to answer the remaining discovery requests in a manner that would permit Hypercom Corporation to ascertain any information regarding Verve's contacts with Arizona while still preserving Verve's objections. As an additional courtesy, Verve LLC is willing to stipulate to Hypercom Corporation's use of any documents produced in the International Trade Commission Action No. 337-TA-524 that were not designated confidential business information pursuant to the Administrative Protective Order. While these documents are also unrelated to personal jurisdiction in Arizona, they are, at least in part, responsive to

Case 2:04-cv-00400-PGR

1 Document 208-3

Filed 04/30/2007

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Hypercom Corporation's document requests should this proceeding progress beyond discovery on personal jurisdiction.

Sincerely,

Gregory S. Donahue

Case 2:04-cv-00400-PGR

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Filed 04/30/2007

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