Free Declaration - District Court of Delaware - Delaware

Case 1:08-cv—00172-G|\/IS Document 16 Filed 05/15/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
VYGON,
Plaintiff
C.A. No. 08-172-GMS
vs.
RYMED TECHNOLOGIES, INC.,
Defendant.
DECLARATION OF SCOTT WALES IN SUPPORT OF RYMED
TECHNOLOGIES, INC.’S MOTION TO DISMISS OR IN THE ALTERNATIVE
TO TRANSFER
May 15, 2008 BAYARD, P.A.
Richard D. Kirk (rk0922)
Stephen G. Brauerman (sb4952)
222 Delaware Avenue, Suite 900
Wilmington, Delaware 19899-5 l 30
rkirk@bayardii1·m.c0m
Telephone: (302) 655-5000
Counsel for Defendant
RYMED TECHNOLOGIES, INC.
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Case 1 :08-cv—00172-GIVIS Document 16 Filed 05/15/2008 Page 2 of 2
I, Scott Wales, hereby declare that:
l. I am a partner in the law firm of Howrey LLP, counsel of record in this action.
The facts set forth below in this declaration are based upon my personal knowledge, and
if called as a witness, I could and would testify competently to those facts.
2. On October 3l, 2007, RyMed filed the complaint in this action against
Laboratoires Pharmaceutiques Vygon ("LPV"). Based on our investigation, and in
particular our study of the website www.vygon.com, LPV was the only Vygon entity in
the Vygon family of companies that was identified as being located within France. LPV
was also the only Vygon entity in the Vygon family of companies listed on the website as
having the same address as that listed on the ‘306 patent at issue in this litigation and in
the U.S. Patent Office assignment records for the ’306 patent. We were unable to locate
any reference to "Vygon" of France on the website.
3. On May 7, 2008, I discussed the ownership issue regarding the ‘306 patent
with Maxim Waldbaum, counsel for LPV and Vygon in this action. I indicated to Mr.
Waldbaum that RyMed would be willing to stipulate to dismissing LPV out of the
Tennessee action if LPV would be willing to provide a binding declaration from an LPV
officer, rather than a "manager," stating that LPV does not have, and has never had, any
right, title, or interest in U.S. Patent N0. 5,380, 306. Mr. Waldbaum indicated that he
would provide a declaration to this effect to resolve the patent ownership issues. No
declaration has been provided.
I declare under penalty of perjury under the laws of the United States of America
that the foregoing is true and correct. Executed in San Francisco, California on May 15,
2008.
jm

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g Case 1:08—cv—00172-Gl\/IS Document 16-2 Filed 05/15/2008 Page 1 of 1
CERTIFICATE OF SERVICE
The undersigned counsel certities that, on May 15, 2008, he electronically tiled
the foregoing document with the Clerk ofthe Court using CM/ECF, which will send
automatic notification of the tiling to the following:
J osy W. Ingersoll, Esquire
Adam W. Pofi Esquire
M Young Conaway Stargatt & Taylor
The Brandywine Building
1000 West Street, 17th Floor
Wilmington, Delaware 19899 .
I The undersigned counsel further certifies that, on May 15, 2008, copies of the
foregoing document were sent by hand to the above local counsel and by first class mail
to the following non—registered participant:
Maxim H. Waldbaum, Esquire
Lori D. Greendorfer, Esquire
Henry L. Mann, Esquire
Kelly L. Morron, Esquire
Schiff Hardin LLP
900 Third Avenue
New York, New York 10022
/s/ Richard B. Kirk grk09223 ’
Richard D. Kirk
{BAY008l7l ism

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