Free Statement - District Court of Arizona - Arizona

Merchant Transaction Systems, Inc.
vs.
Nelcela, Inc., an Arizona Corporation;
Len Campagna, an Arizona Resident;
Alec Dollarhide, an Arizona Resident;
Ebocom, Inc., a Delaware Corporation;
POST Integrations, Inc., an Illinois Corporation
>¤< * * *
And related cross and third-party claims.
CIV 02-1954-PHX—MHM
CONSOLIDATED STATEMENT OF FACTS CONTROVERTING NELCELA’S
OMNIBUS STATEMENT OF FACTS IN SUPPORT OF ALL MOTIONS FOR
SUMMARY JUDGMENT
AND
POST, LEXCEL, AND MTSI PARTIES’ STATEMENT OF FACTS IN SUPPORT OF
CONSOLIDATED RESPONSE IN OPPOSITION TO NELCELA’S MOTIONS FOR
SUMMARY JUDGMENT
EXHIBIT 35
Deposition of Robert Zeidman
1668808.1
Case 2:02-cv-01954-IVIHIVI Document 352-47 Filed O4/O5/2006 Page 1 of 3

- IN THE UNITED STATES DISTRICT COURT ARIZONA
‘. IN AND FOR THE DISTRICT OF ARIZONA
Merchant Transaction Systems, )
Inc., )
>
Plaintiff, )
)
vs. ) No. 02-CV-01954 PHX MHM
)
NELCELA, INC., an Arizona )
corporation; Len Campagna, an )
Arizona resident; Alec Dollarhide, )
an Arizona resident; EBOCOM, Inc., )
a Delaware Corporation; POST )
Integrations, Inc., an Illinois )
Corporation, )
- ~- )
Defendants. )

And related Counterclaims, I )
Third—Party Claims, and )
Cross-Claims. V )
DEPOSITION OF ROBERT ZEIDMAN
Scottsdale, Arizona
October 10, 2005
9 : ll 8. . m .
I I
df|VEI’aM I1IX
PREPARED FOR: COURT REPORTERS
RICHARD A. HALLORAN, ESQ.
(Copy) 365 E. conow/wo RoA0, sums 150
PH0Er~u><, ARnzoNA 85004
. PREPARED BY: Ff§(°,§{,§)‘g§§§§3
DEBORAH L. MOREASH, RPR T$W4?PWQBW®
AZ Certified Court Reporter No. 50294 wwrmmmmm
Case 2:02-cv-01954-IVIHIVI Document 352-47 Filed 04/05/2006 Page 2 0f 3

I 168
1 A. Yes.
2 Q. And one of the results you find at least is
3 there's nothing between Lexcel and Nelcela based on 10 of
4 Exhibit 368?
5 MR. MCKINNON: Objection to form.
6 Q. BY MR. FIRESTONE: Correct?
7 A. Actually, Exhibit 368 was written before I
8 received the electronic copies of Nelcela's source code.
9 This was written based on the MS Word documents which
— V 10 included a very small number of PowerBuilder files,
11 including the one that we have an exhibit here that you
12 introduced, Exhibit 359, where I did do this comparison
13 that you've noted one of the CodeMatch results here. So in
14 other words, the item number 10 on Exhibit 368 refers to
15 comparison to those few PowerBuilder files that I later
16 determined were not the actual Nelcela PowerBuilder filesu
17 Q. Really, because you couldn't run a CodeMatch I
18 thought on paper documents?
19 A. These were PowerBuilder, a very small number of
20 PowerBuilder files that accompanied the paper documents.
21 Q. Oh, because I thought you wrote in 10 no
22 PowerBuilder files, so you're not comparing PowerBuilder
23 files here, sir?
24 MR. MCKINNON: Objection to form.
25 MR. HALLORAN: The reference to no PowerBuilder
DRIVER AND NIX (602) 266-6525
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