Free Statement - District Court of Arizona - Arizona

Case 2:O2—cv—O2036-I\/IHI\/I D0cument34O—13 Filed 08/O4/2006 Page10f3

Declaration of Kevin Tucck
I. Kevin Tucek. declare and state:
I. I am over 18 years of age and competent to testify in this matter.
2. I am a Vice-President and owner of Erchonia Medical Inc. ("Erchonia"). I
make this declaration in support of Erchonia`s Response to Robert M0roney`s and Robert
E. Moroney, LLC`s Consolidated Motion for Summary Judgment Re Infringement of
U.S. Patent N0. 6,013.096 tiled in Case No. CIV 02-2036-Pl-[X-MI-IM entitled Erchonia
Medical Inc. etal v. Miki Smith, et al. (the "Lawsuif’).
3. In connection with the lawsuit. I had a chance to review and inspect a
Quantum IV Laser unit provided to us for inspection by Robert E. Moroney. LLC on
May 25. 2005.
4. In connection with that inspection, I took the photographs attached to this
declaration as Exhibit I. ’
5. In addition I have reviewed and inspected the Quantum IV Laser obtained
from an REM customer.
6. During a review of the Quantum IV Laser I measured the beaun emitted
irom the product in usc. This beam emitted by the Quantum IV Laser measured 5.83
mm by 1.10 mm at a distance of approximately 4-6 inches from the surface of a
work piece. which is the usual working distance for this type of device. This
represents a 5.3:1 ratio. At this distance the width of the beam did not appear to
vary at any point in the length ofthe generated beam.
7. Also during my review ofthe Quantum IV Laser. I have removed
the gland end iiom the wand. which screws into the end of the wand. Inside I
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observed the electrical cords in the hollow portion of thc wand. These electrical
cords. These cords are attached to the end ofthe laser diode modules which are
inserted into the head ofthe wand. e
8. In thc past Erchonia has purchased many laser diodes from Diode
Laser Concepts, Inc. Among the diodes purchased was part number FNY—RL3-l 9
which is a line generator laser diode. This part was purchased and used by
Erchonia. This pan was supplied by Diode Laser Concepts. Inc. to meet Erchonia
specified requirements and is known by Erchonia to contain a collimating lens and
a rod lens and when used generates a line when focused on a surface.
I declare under penalty of periury that the foregoing is true and correct.
Executed on this date: August O. . 2006 i
Z`
Kevin Tucck
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