Free Motion in Limine - District Court of Arizona - Arizona

Index of Exhibits
Defendant Omron Corporation's Motion In Limine No. 2:

To Exclude Evidence Of Compromise.

Exhibit No. A.
B.

Description of Exhibit Correspondence from HyperconVs counsel
Slideshow Presentation

C.

Reich Affidavit

D.

Deposition of HyperCard's Rule 30(b)(6) Corporate Representative

Case 2:04-cv-00400-PGR

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EXHIBIT A

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RE: Meeting - Omron & Hypercom

From: Loach, Sid To: Keener, Herbert V. Date: Sop 8, 2004 1:42pm
CONFIDENTIAL

FOR SETTLEMENT ONLY Herb: I can provide conference rooms here al my firm in Phoenix, and arrange
for lunch as well. If you would be interested in hotel suggestions,

there is a Hyatt downtown that is just a couple of blocks away from my
otfico. Wo are located at One Arizona Center.

We hope that these discussions may lead io a global settlement of all
Omron patents, Including those now in the hands of Verve. All discussions will be subject to a confidentiality agreement, and we will agree thai these are settlement discussions subject to Rule 408 of tha Foderal Rules of Evidence. Wo would be proparcd to go first and talk about the Omron patents that Verve has asserted against Hypercom io date. We will present information on the accused Hypercom products and compare them with the patent claims.

Omron could then present additional Omron patents that Hypercom may be
interested in licensing. We would appreciate it if you would be

the rolavant Hyporcom products. It would be helpful to understand what

prepared Io present claim chart comparisons of (he Ornron patents with
additional patents Verve may have that may bBcoma part of the overall
settlement, go that we will ba in a position to consider them in any
discussions leading up to a global settlement.

Wo v/ould appreciate it If you would tell us whether Omron still makes or

sells any POS terminals. As part of these discussions, we would like to
seo if there arc any cross-licensing opportunities available. After this exchange concerning the merits of any infringement Issues, we would then discuss potential resolutions and explore possible approaches
that may achieve a global settlement of the patent issues. We are open to any creative solutions that you may be willing to propose.

^

We should exchange in advance the list of attendees. We will have Doug
Reich, who is Hypercom's Vice-President and General Counsel. I will

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attend, and also one of my associates David Caplan. I assume that we do
not need additional representatives at this meeting from Hypercom.

Please iet me know who will attend from your side. Let's talk later today, and iet me know what your thoughts are on a proposed agenda.
Sincerely,

Sid Leach
--Original Message--

From; Kemer, Herbert V. fmailto:[email protected] Sent; Wednesday, September 03, 2004 9:38 AM

To: Leach, Sid
Subject: RE: Meeting - Omron & Hypercom

Hello Sid,

I have checked with Omron and they are also available for the Sept. 16th

In Arizona, Can we have a call about an agenda so that we can begin to
prepare the necessary materials and lock in the meBting place/time? The
16thjust nextweek.
r
j

Let me know a good time (or you to talk? Regards. Herb.
--Original Message-- From: Leach, Sid fmailto:sleach(Siswlaw.coml

i

Sent: Thursday, September 02, 2004 8:23 PM
To: Kerner, Herbert V,

Subject: MeBting - Omron & Hypercom


Herb:

!

Sept 16 looks like it would work for us, assuming the meeting will bo held here in Phoenix. I have tentatively put it on my calendar. I can provide a conference room. When you have time, we can discuss further what the agenda will be for the mooting, and work out other details.
Sid Leach

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