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{Q] RE: Meeting - Omron & Hypercom
From: Leach, Sid
To: Kerner, Herbert V.
Date: Sep 8, 2004 · 1:42pm
CONFIDENTIAL
FOR SETTLEMENT ONLY
Herb:
I can provide conference rooms here at 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
office. We are located at One Arizona Center.
We hope that these discussions may lead to 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 that these are settlement discussions subject to Rule 408 of the
Federal Rules of Evidence.
We would be prepared to go first and talk about the Omron patents that
Verve has asserted against Hypercom to 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
prepared to present claim chart comparisons ofthe Omron patents with
the relevant Hypercom products. It would be helpful to understand what
additional patents Verve may have that may become part of the overall
settlement, so that we will be in a position to consider them in any
discussions leading up to a global settlement.
l We would 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
see if there are 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 ofthe 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 ()MR()N @@293
Reich, who is l—lypercom’s Vice-President and General Counsel. l will
Case 2:04-cv—OO400—PGFt Document 101 -2 Filed O2/O9/2006 Page 2 of 4
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Google Desktop Search; Meeting - Omron & Hypercom http://127.0.0.I:4664/cache?event_id=i738&schema_id=1&q=Ver...
attend, and also one ot my associates David Caplan. I assume that we do
not need additional representatives at this meeting from Hypercom.
Please let me know who will attend from your side.
Let's talk later today, and let me know what your thoughts are on a
proposed agenda.
Sincerely,
Sid Leach
---—- Original Message -----
From: Kerner, Herbert V. {mailto:Herb.l
To: Leach, Sid
Subject: RE: Meeting — Omron 8. Hypercom
Hello Sid,
I have checked with Omron and they are also available for the Sept. 18th
in Arizona. Can we have a call about an agenda so that we can begin to
prepare the necessary materials and lock in the meeting placeftime? The
16th just next week.
Let me know a good time for you to talk? Regards. Herb.
-———- Original Message -—---
From: Leach, Sid [mailto:[email protected]]
Sent: Thursday, September 02, 2004 8:23 PM
To: Kerner, Herbert V.
Subject; Meeting - Omron & Hypercom
Herb:
Sept 16 looks like it would work for us, assuming the meeting will be
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 meeting, and work out other details.
Sid Leach
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