J.T. Colby & Company, Inc. et al v. Apple, Inc.

Filing 127

DECLARATION of Dale M. Cendali in Opposition re: 87 MOTION for Partial Summary Judgment.. Document filed by Apple Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Tab - Borden Dep., # 10 Tab - Colby 30(b)(6) Dep., # 11 Tab - Gedikian Dep., # 12 Tab - Goldhor Dep., # 13 Tab - Gundersen Dep., # 14 Tab - Kvamme Dep., # 15 Tab - La Perle Dep. (REDACTED), # 16 Tab - Widup Dep.)(Cendali, Dale)

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Exhibit 5 Subject: FW: Agreement Date: Wed, 27 Jan 2010 08:40:59 +0000 From: "Lupo, Anthony" <lupo.anthony@arentfox.com> To: "Gundersen, Glenn" <glenn.gundersen@dechert.com>, "Thomas La Perle" <laperle@apple.com> Message-ID: <FB2A3287A5C863418D5DCB6E9D4B00FB568FF78ED2@AFEXCHANGE1.access.local> Anthony V. Lupo Partner Arent Fox LLP | Attorneys at Law 1050 Connecticut Avenue, NW Washington, DC 20036-5339 202.857.6353 DIRECT | 202.857.6395 FAX lupo.anthony@arentfox.com | www.arentfox.com CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you received this in error, please do not read, distribute, or take action in reliance upon this message. Instead, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message. From: Taylor, Brewster [mailto:btaylor@stites.com] Sent: Wednesday, January 27, 2010 3:28 AM To: Lupo, Anthony Cc: Brian Reynolds Subject: Agreement Tony Attached is the signature page and the text of the Agreement. Brian will forward the complete signed Agreement tomorrow. Brewster Brewster Taylor Stites & Harbison, PLLC 1199 N. Fairfax Street Suite 900 Alexandria, Virginia 22314 Direct dial (703)837-3906 Fax (703)518-2936 btaylor@stites.com NOTICE: This message is intended only for the addressee and may contain information that is privileged, confidential and/or attorney work product. If you are not the intended recipient, do not read, copy, retain or disseminate this message or any attachment. If you have received this message in CONFIDENTIAL APPLE-IBOOKS0022126 error, please call the sender immediately at (703) 739-4900 and delete all copies of the message and any attachment. Neither the transmission of this message or any attachment, nor any error in transmission or misdelivery shall constitute waiver of any applicable legal privilege. IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. ------ end message ------ CONFIDENTIAL APPLE-IBOOKS0022127

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