Free Memorandum - District Court of Arizona - Arizona

EXHIBIT "6"

Case 2:00-cv-00661-HRH

Document 537-7

Filed 04/03/2006

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AFFIDAVIT A. Attorney Backgrounds 1. John W. Pelino (JWP)

Mr. Pelino has been engaged in the practice of law for more than 45 years and is the founder of Pelino & Lentz, P.C. Mr. Pelino has extensive experience as a litigator, business and labor lawyer in many industries, including manufacturing, food, energy, transportation and distribution. Mr. Pelino is general counsel to Keystone Foods, LLC. As

general counsel for Keystone, Mr. Pelino oversaw this litigation, negotiated with representatives for Lemelson in an attempt to resolve the dispute and was actively involved in developing litigation strategy. 2. Howard A. Rosenthal (HAR)

Mr. Rosenthal is a Director of the Firm and Chairman of the Litigation and Labor Departments. Mr. Rosenthal has nearly

thirty years of experience in the practice of law and has an extensive background in handling complex commercial litigation. Mr. Rosenthal was responsible for directing this litigation, including the review of various pleadings and implementing the strategy for responding to Lemelson's allegations. 3. Victoria Page-Wooten (VPW)

Ms. Page-Wooten has been with Pelino & Lentz since 1978, is the senior corporate attorney in the firm's commercial financing and international joint venture departments, and is the lead corporate counsel in connection with Pelino & Lentz's representation of Keystone. Ms. Page-Wooten analyzed the validity of Lemelson's claims Case 2:00-cv-00661-HRH -2Document 537-7 Filed 04/03/2006 Page 2 of 4

and

assisted in developing Keystone's response to Lemelson's Ms. Page-Wooten, working

initial demands for royalty payments.

with various Keystone executives, performed the work necessary to assemble the data required by Keystone to determine the extent of its potential liability in this matter. 4. Edward L. Ciemniecki (ELC)

Mr. Ciemniecki is a member of Pelino & Lentz's litigation department and is experienced in handling a broad spectrum of commercial litigation. Mr. Ciemniecki researched venue issues and drafted the pleadings filed by Keystone in this matter. Mr. Ciemniecki also

met with Keystone personnel, patent counsel and an expert in the area of "patent mapping" in preparation for the anticipated trial in this proceeding. 5. Paralegals - Darlene McBride (DEM); Stephanie R. Katz (SRK) and Diane R. Strohm (DRS)

In order to minimize litigation costs, Pelino & Lentz utilized paralegals to research Arizona District Court procedures, draft Pro Hac Vice applications, prepare service lists and monitor the pleadings filed by all parties to this proceeding.

B.

Reasonableness Of Rate. Pelino & Lentz billed Keystone on a straight hourly basis,

with work charged in increments of one-tenth of an hour.

Billing

rates were based upon the experience and level of expertise of the involved attorney and ranged from $60 per hour for work performed by paralegals to $425 per hour for senior members of -3Document 537-7

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the litigation department. The hourly rates charged by Pelino & Lentz, which increased during the five and one-half year course of this proceeding, are comparable to or below those assessed by other Philadelphia-based law firms for attorneys with similar levels of experience and comparable to those charged by firms in other major metropolitan areas. A description of the work performed by each attorney and paralegal is included as Exhibit "3" to this Memorandum.

C.

Reasonableness Of Time Spent And Expenses Incurred. Keystone was invoiced on a straight hourly basis, without

adjustment, and was billed for all related expenses. has paid in full all of the involved invoices.

Keystone

Certain time entries for matters unrelated to this proceeding, initially included in Lemelson-related billing, have been deleted. Undersigned counsel has reviewed the time entries and the expenses incurred and attests that they were reasonable and necessary under the circumstances. I declare under penalty of perjury that the foregoing is true and correct.

/S/ Edward L. Ciemniecki Edward L. Ciemniecki Date: April 3, 2006

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