Timebase Pty Ltd v. Thomson Corporation, The

Filing 138

NOTICE by Timebase Pty Ltd Joint Claim Construction Statement and Certificate of Service (Attachments: # 1 Joint Claim Construction Chart)(Hosteny, Joseph) Modified text on 5/17/2010 (jz).

Timebase Pty Ltd v. Thomson Corporation, The

Doc. 138

TITUS EXHIBIT A

TITUS EXHIBIT A
Dockets.Justia.com

From: White, Norm Sent: Friday, July 16, 2004 8:17 To: Titus, Dan Subject: FW:

PM

.,":

From:

-----Original Message----Jake

Sent: Friday, July 16, To: Whi te, Norm Subject:
Norm,

Scully [mailto:[e-mail]
2004 4:53 PM

Lemond

Per our conversation Thursday evening, merchandise from our store.

it

is in the best interest of

PC

Bike to remove

all

Greg Lemond's short-sighted and self-serving comments cast his name, and everything associated with in an incongruent position with other Trek manufactured products and

services.

it,

Unless Mr. Lemond is in posession of proof of wrong doing by Trek's greatest defacto spokesperson, his name has no place in my store.
Thank you

for your understanding.

Jake
PC

Scully

President Bike

This e-mail and any files transmitted with it are the property of Evergreen Sales and Marketing and/or its affiliates, are confidential, and are intended solely for the use of the individual or entity to whom this e-mail is addressed. If you are not one of the named recipient's) or otherwise have reason to believe that you have received this message in error, please notify the sender at 386-258-2400 and delete this message immediately from your computer. Any other use, retention, dissemination, forwarding, printing, or copying

of this e-mail is strictly prohibited."

"

EXHIBIT

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TREK000603

From: Sent: To;
Subject:

Snudden, Geofl' Sunday, July 18, 2004 9:19 PM
Titus, Dan Lemond comments

DanMitch Mode

of Mal's (Rhinelander) was full of chatter over the Lemond comments. Visit was 7/1/04.

Thx Geoff

1

TREK000604

From:
Sent: To:

Young, Andrew Mondav, JulV 19, 2004 11:45 AM
Titus, Dan

Subject:

leMond

DTLake Mary has been getting kDled with LeMond's latest words. Here is what they had to say:

Some customers are covering up LeMond's name on their bike that they have recently purchased from Lake Mary Some customers are trashing LeMond for saying what he did One of Karen's customers was buying a LeMond when it became available and now he is declining to buy the bike
David's World Cycles- main store
Customers are saying LeMond should keep his mouth shut

FYI

Andrew Young
Territory Manager Trek, Gary Fisher, LeMond and Klein Blcydes central Florida Voice Mail [phone] X 2927

_-L<, ( )1'(*)

,_0

1

TREK000605

Flam: sent:
To: Subject:

McGuire, Mike Tuesday, July 20, 2004 8:58 AM litus, Dan Zion Cydery and Lemond

Mary's comments were as follows:
"What is that idiot tlùnlcing? the bicycles on my floor."

He just needs to keep his mouth shut. I'm almost ashamed to have his name on

That's just about verbatim and completely unsolicited.

Mike McGuire Territory Manager Trek Bicycle Corp.
[e-mail] [phone] x2335

1

TREK000606

From:
Sent: To:

Snudden, Geeff Monday, July 19, 2004 1:44 PM TItus, Dan

Subject:

Greg lemond

DanBoth stadium bike stores wanted to know

what was up wI greg, and if there is going to be anymore lemond bikes.

1

TREK000607

From: Sent: To:
Subject:

Snudden, Geoff

Monday, July 19, 2004 1:43 PM Titus, Dan Greg lemand

DanBrian at Nor Door had three customers over the weekend coment about Greg. The worst of which was not going to buy one of that assholes bikes'
a

'I'm sure as hell

1

TREK000608

,.~
.

From: Sent: To: Subject:

Russell, Dave Wednesday, July 21, 2004 10:17 AM TItus, Dan

leMond Issues

Hi Dan, I just wanted to let you know I have received a number of negative comments from my LeMond dealers. They have told me that customers aren't happy with Greg's remarks. Chris my largest dealer had a customer cancel an order for a Tete de Course Zane, as well as another wanting to sell his 1 year old Tete de Course that was built up especially for him. Is a statement or a rebuttle going to be made by anyone or are we going to just ride this mess out?

Thanks, Dave

TREK000611

From:
To:

Sent: Friday, July 23, 2004 12:08

Young, Andrew

PM

Titus, Dan LeMond Subject:

DTAdam told me today he is going to ask JB to get hoopla is having to go through with customers complaining.

Outfitters
FYI

rid of

LeMond

after all the

Andrew Young

Trek, Gary Fisher, LeMond and Klein Bicycles

Territory Manager
Central Florida
,

Voice Mail [phone]
0

X

2927

(

-\_<, (*)
)

/'

TREK000612

From: Sent:
To: Subject:

Young, Andrew
Thursday, July 22, 2004 8:49 PM

Titus,Oan
LeMond

DTVal called me today to say she has had 3 people come into the store and ask if she sold LeMond and when she said not they said great "( won't shop at a store that sells LeMond". Yikes.
Also, Chain Wheel was asking how to handle the people who are not happy with LeMond because the question keeps coming up "what's up with Lemond"? "Doesn't Trek own LeMond how can they let this happen?"

WOW. This

is not good.

Andrew Young
Territory Manager Trek, Gary Fisher, LeMond and Klein Bicycles Central Florida Voice Mail [phone] X 2927

( )1'(*)

--,-<,

,_0

1

TREK000614

From: Bonine. Marc

Sent: Sunday, July 25, 2004 7:05 To: Titus, Dan Cc: '[e-mail]' Subject: FW: Trek Update
Dan,

PM

Here are some Lemond comments for you.
Thanks, Marc

Marc Bonine Trek Bicycle Corporation Chicago Territory Manager 800-879-8735 ext 2325 [e-mail]

Please

visit

us

at www.TrekTravel.com to book you next cycling vacation!

From: Dave Eenigenburg [mailto:[e-mail]] Sent: Friday, July 23, 2004 10:33 PM To: Bonine, Marc Cc: [e-mail]; [e-mail] Subject: Re: Trek Update

-----Original Message-----

Marc

to wait until the dealer show to bring this up, but Greg's comments made don't have to tell you that any sane person in the bike industry, much less cycling legend, would do or say anything to blackball the person bringing it to the forefront of media for the first time. This was simply a~sinine!
was going
I

I

me
a

sick.

a chance to spend a couple of days through Trek Travel with Greg and thought he was He even talked with me about his lack of interest with the Tour, but we both good guy. agreed that the event was "our" superbowl, Indy 500, The Masters, etc. all wrapped into I one! cannot figure this out and hope there is swift and immediate action taken by Trek.

I

got

a

One of my stores sells approx. 42% of its gross revenue in road as far as business. bikes and we have customers coming in DAILY asking if we are going to continue selling I LeMond bikes. tell them that the brand is sollid and I wish the latest event had not

Now,

happened.

This very evening a VERY important customer in the store ($10,000 annually and never asks for a discount) made this comment: "Dave, why don't you let me pay for that LeMond Victoire you have on display. I want to because I would like to take it out in the parking lot and run it over a few times with my car... then you can have it back and just keep the money."

If

the

offer is

made

again,

I

will

take him up on
1

it.

TREK000616

David Eenigenburg
TheBikePros

>

Hi Trek/Fisher dealers,

>
>

> > >
>

A

quick update.

> > > > >

>

1. Yellow Live Strong wristbands will be back in stock on Monday. 2. Christmas Da~ing is now available for 15 bikes or $500 in parts. 3. If anyone has heard any feedback on Greg Lemonds comments concerning Lance, I need to document it. Trek is concerned about this

issue.

2

TREK000617

From: Sent:

Hohmann, John

To: Subject:

Monday, July 26,2004 8:41 AM Titus, Dan
Lemoilc/

Dan, Last Monday and Tuesday I had several people ask me about Lemonds comments. None of the dealers said it would affect their buying decisions however. They just thought Lemond was making an ass of himself. Jerry kegel did have a consumer come in at Wheel Brookfield and say he was going to sell his Lemond bike because of the comments.

Homer

TREK000618

From: Sent: To: subject:
.;

.

MtGuire. Mike Monday. July 26. 2004 10:19 PM TItus, Dan Lemond and Ilikes Plus

Dan,
Lisa had
a

few negative comments from customers,

"How are you going to seU these bikes (Lemonds) after the comments he made about Lance?"
"You should turn off your sign (neon Lemond sign)."

Lisa said that his comments "concern" her and the impact that it will have on sales.

said anything.
.

Mike feels that the conunents were out of line. but thinks that by next year most people will forget that he had

eMcGuire

Corp. [e-mail] [phone] x2335

Territory Manager Trek Bicycle

~~~~~

.........:õ!:'

f._'j

TREK000619

(r,::,

:,j

Huber, Elisabeth
From:
Sent:
George, Curt

Monday, June 26,20062:16 PM

To:

Huber, Elisabeth

SUbject: FW: That makes selling his bikes harder

Here is one

From: White, Norm

sent: Sunday, June 25, 2006 6:26 PM To: 11tus, Dan; George, Curt
SUbject: FW: That makes seiling his bikes harder

Here we go again...

From: Antonio Russo [mallto:[e-mail] sent: Sunday, June 25, 20062:12 PM
To: White, Norm Subject: That makes seiling his bikes harder
http://sports.yahoo.coJ11/~clnews?slu9=afn:cyclingfrausalemond&prov=afp&type=19ns

'MIy does he not just SHUT UP? Even if true
Antonio Russo General Manager Seretta Bicycle Fit Technician
American Bicycle Company 240 SOuth 3rd Street Jacksonville Beach, FL 32250

man who did not get the love at home that lance

is -It diet.not good for business. in

Just

He comes off once again as a bitter time for the release of the new "Lemond" line.

904-246-4433 fax [phone] cell 904-994-9492
IDYW.abcbike.com
trussolBlabcbike.com

"For

;tt
-

All Your Cycling
Cannondale
-

Needs"

TREK
Orbea

Serotta
-

RedhilIs Racing

Beaches Velo Sport

6/26/2006

TREK000566