Datatreasury Corporation v. Wells Fargo & Company et al

Filing 731

RESPONSE in Opposition re #710 MOTION for Summary Judgment for Claim Invalidity Based on Indefiniteness of U.S. Patent No. 5,265,007 filed by Datatreasury Corporation. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit Declaration of Nicole Reed)(Reed, Nicole)

Datatreasury Corporation v. Wells Fargo & Company et al

Doc. 731 Att. 6

Case 2:06-cv-00072-DF-CMC

Document 731

Filed 06/25/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION ______________________________________ DATATREASURY CORPORATION Plaintiff, v. WELLS FARGO & COMPANY, ET. AL., Defendants ______________________________________

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Civil Action No.:2:06-CV72 (DF) JURY TRIAL DEMAND

DECLARATION OF NICOLE REED IN SUPPORT OF PLAINTIFF'S RESPONSE TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT FOR CLAIM INVALIDITY BASED ON INDEFINITENESS OF U.S. PATENT NO. 5,265,007 I, Nicole Reed, declare: 1. I am a member of the Teas State Bar admitted to appear before this Court and an attorney

with the law firm of Nix, Patterson & Roach, L.L.P., counsel of record for Plaintiff DataTreasury Corporation ("DTC") in this lawsuit. I submit this declaration based on personal knowledge and following a reasonable investigation. If called upon as a witness, I could competently testify to the truth of each statement herein. 2. Attached hereto as Exhibit A is a true and correct copy of U.S. Patent No. 4,448,419 (the

"Telnaes patent" at issue in WMS Gaming, Inc. v. International Game Technology, 184 F.3d 1339, 1348 (Fed. Cir. 1999)). 3. Attached hereto as Exhibit B is a true and correct copy of the Affidavit of David James

dated April 9,2007. 4. Attached hereto as Exhibit C is a true and correct copy of the Affidavit of Terry L. Geer,

dated April 9, 2007.

DECLARATION OF NICOLE REED

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Dockets.Justia.com

Case 2:06-cv-00072-DF-CMC

Document 731

Filed 06/25/2007

Page 2 of 2

5.

Attached hereto as Exhibit D is a true and correct copy of Plaintiff's proposed

constructions and relevant extrinsic evidence for the eight terms at issue in Defendants' Motion for Summary Judgment and Plaintiff's Response. 6. Attached hereto as Exhibit E is a true and correct copy of the Amendment after Final

Office Action for the `007 Patent. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed on the 25th day of June, 2007, at Dallas, Texas.

______________________________ NICOLE REED

DECLARATION OF NICOLE REED

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