Free Motion in Limine - District Court of Arizona - Arizona

EXHIBIT C

Case 2:04-cv-00400-PGR

Document 174-4

Filed 04/13/2007

Page 1 of 6

Galasso, Raymond - Vol. I

March 11, 2005

IN THE UNITED STATES DISTRICT COURT

HYPERCOM CORPORATION Plaintiff, Vs. VERVE L.L.C. and OMRON CORPORATION, Defendant (s) .

§ § § NO. CIV 04-0400 PHX PGR § §

^*www^*ww*wwwwwwww^***wwwww*^www*wwww**^wwwww*^wwww^r**^ ORAL AND VIDEOTAPED DEPOSITION OF RAYMOND GALASSO March 11, 2005 Volume 1 of 1 wwwwwwwwwwwwwwwwwwwww*ww*www*ww*ww*wwwwww*ww**ww*www*ww ORAL AND VIDEOTAPED DEPOSITION of RAYMOND GALASSO, produced as a witness at the instance of the Plaintiff, and duly sworn, was taken in the above-styled and numbered cause on the 11th of March, 2005, from 9:02 a.m. to 12:24 p.m., before Pamela Nichols, CSR in and for the State of Texas, reported by computer-aided machine shorthand, at the offices of Fulbright & Jaworski, 600 Congress Avenue, 23rd Floor, Austin, Texas, pursuant to the Federal Rules of Civil Procedure and the provisions stated on the record or attached hereto.

(512) 328-5557 ESQUIRE DEPOSITION SERVICES Fax (512) 328-8139 3101 Bee Caves Road #k220 AUSTIN, TEXAS 78746 (800) 880--2546

Case 2:04-cv-00400-PGR

Document 174-4

Filed 04/13/2007

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Galasso,

Raymond - Vol. I

March 11, 2005
Page 24

THE WITNESS:

Yeah, I can't, either. Can

you?
Q.

I' m sorry.
(BY MR. LEACH) Do you know what month in 2003?

A.
Q.

What month?
Yes.

A. Q.

No, I do not. I don't specifically recall. What were the circumstances under which you

first met Herb Kerner?
A. The circumstances that I first met Herb Kerner

was in connection with -- in his capacity as a Hunton &

Williams attorney. Q. Was Hunton & Williams representing Verve at

that time?
A. Yes.

A. Q.

I don't know. Do you have any knowledge or information

concerning when Herb Kerner left Hunton & Williams?
A. Q. A. Q. A. When he left? Yes. It was sometime in 2004, Do you know what month? No, I do not. I believe.

Q.

Up until the time that Mr. Kerner left Hunton

& Williams, was Hunton & Williams continuing to

(512) 328-5557 ESQUIRE DEPOSITION SERVICES Fax (512) 328-8139 3101 Bee Caves Road #220 AUSTIN, TEXAS 78746 (800) 880-2546

Case 2:04-cv-00400-PGR

Document 174-4

Filed 04/13/2007

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Galasso ,

Raymond - Vol. I

March 11, 2005
Page 25

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represent Verve? A.
Q.

R

Up -- could you repeat that?
Up until the time that Mr. Kerner left Hunton

& Williams, was Hunton & Williams continuing to do work for Verve, represent Verve?

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A. Q.

Up to the time he -- Yes. And Hunton & Williams continued after that,

s

correct?

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A.

Correct.

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Q.

Was Mr. Kerner doing any work for Verve up

until the time he left Hunton & Williams; do you know? A. It was Verve, my impression, yes. So to He's a Hunton & Williams

answer your question, yes. attorney.

He would be -- as you know, there was an I

agreement that was negotiated and it's my understanding he worked on it. So I don't have the internal records of Hunton & Williams; so I can't answer and I can't

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speak for Herb or Hunton & Williams. But it's Verve's understanding that he, Hunton & Williams and others at Hunton & Williams were Verve's attorneys. Q. 0 And what's the agreement you were talking

about that was negotiated; the agreement with Omron? A. Yeah. As you know, there's many different

agreements; so it would have been the first agreement. Q. Did it involve the 1895 patent?

(512) 328-5557 ESQUIRE DEPOSITION SERVICES Fax (512) 328-8139 3101 Bee Caves Road #220 AUSTIN, TEXAS 78746 (800) 880-2546

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Galasso, Raymond - Vol. I

March 11, 2005
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Q.

You also use it for your law firm practice?

A.
Q. 410A? A. Q.

No, that's not a fair characterization.
Okay. Are there any Verve records in Suite

Are there any Verve records in Suite 410A? Yes.

A. Q.

I believe there would be. At some point in time, did you have a meeting

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with representatives of Omron?
A. Yes.

Q.

Was there only one meeting that involved

Mr. Nakano? A. Q. A. A face-to-face meeting? Yes. Yes.

Q.
A.

When did that meeting take place?
It was sometime in 2003, T believe somewhere

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in the middle of the year, roughly. Q. Did that meeting take place in the Washington,

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D.C. area? A. Q. A. Q. office? Yes. Or more specifically, in Arlington, Virginia? I don't remember. All right. Did it take place at Mr. Nakano's

ESQUIRE DEPOSITION SERVICES Fax (512) 328-8139 (512) 328-5557 (800) 880-2546 3101 Bee Caves Road #220 AUSTIN, TEXAS 78746

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Galasso, Raymond - Vol. I

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A.

I think it did. Well, Mister -- Omron's

offices in and around the Washington, D.C. area, yes.

Q.
A. remember.

All right.

Who attended that meeting?

Who attended that meeting? Let me try to It was myself, Kevin Imes, Herb Kerner of

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Hunton & Williams, and Tom Anderson of Hunton & Williams, and Mr. Nakano of Omron. Q. During this meeting was Herb Kerner

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representing Verve? A. Same question as before and same answer from I think from Verve's perspective,

Verve's perspective.

yes, they were -- Herb Kerner was with Hunton & Williams and he was representing Verve. Q. A. And was Tom Anderson representing Verve? Yes.

Q. 2003? A.

What was discussed at this meeting in mid-

What was discussed? Generally, the interest

by Omron to sell some of their patents and Verve's interest in buying those patents. Q. Prior to this meeting, had you had any direct

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communications with Mr. Nakano of any type?
A. Q. No, not -- no. And this meeting was more or less your

introduction to Mr. Nakano?

(512) 328-5557 ESQUIRE DEPOSITION SERVICES Fax (512) 328-8139 3101 Bee Caves Road #220 AUSTIN, TEXAS 78746 (800) 880-2546

Case 2:04-cv-00400-PGR

Document 174-4

Filed 04/13/2007

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