Free Motion in Limine - District Court of Arizona - Arizona

EXHIBIT B

Case 2:04-cv-00400-PGR

Document 174-3

Filed 04/13/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

- - - - - - - - - - - - -x HYPERCOM CORPORATION,
Plaintiff,

Case Number CIV 04- 0400 PHX PGR

DEPOSITION OF TETSUYiJKI NAKANO Volume I

Washington D.C. Wednesday, March 2, 2005

REPORTED BY: BRENDA SMONSKEY

Case 2:04-cv-00400-PGR

Document 174-3

Filed 04/13/2007

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is anything.
BY MR. LEACH:

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Q

Had Mr. Kerner done any work for Verve
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prior to the summer 2003 meeting that you were aware
of?

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A Q

I haven't heard of that at all. Was Herb Kerner representing --- withdrawn. Did Herb Kerner attend the first meeting

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with Verve in the summer of 2003? A I think the translation was wrong. Could

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you repeat your question? Q Yes. You recall the meeting in the summer

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of 2003, the first meeting with Verve. Was Mr. Kerner there? A Q A Q meeting? A He was our counsel for Omron. So in that Yes, he was. And you were there; correct? Of course I was there. Was Mr. Kerner representing Omron at that
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sense, he could have been representing us. But I was from Omron. I was representing Omron.
Case 2:04-cv-00400-PGR Document 174-3 Filed 04/13/2007 Page 3 of 4

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communications with Mr. Kerner back when he was with Hunton & Williams were privileged in the ITC case on grounds that he was Verve's attorney at that time? THE INTERPRETER: I didn't get the latter part of your question. BY MR. LEACH: Q Is he aware or has he heard that Verve

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claimed that communications between Verve and Mr. Kerner were privileged back at the time he was working for Hunton & Williams on grounds that Mr. Kerner was representing Verve at the time. A You referred to privileged information.

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You were saying that Kerner was representing Verve at that time?
Q

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According to Verve in the ITC proceeding,

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yes. Were you aware of that? A
Q

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I didn't know. Would you have thought that was a possible

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conflict of interest that you would have wanted to know from Mr. Kerner prior to negotiations with Verve? MR. IRMSCHER: Objection; calls for

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Case 2:04-cv-00400-PGR

Document 174-3

Filed 04/13/2007

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