Datatreasury Corporation v. Wells Fargo & Company et al

Filing 734

MOTION for Summary Judgment For Claim Invalidity Based on Indefiniteness of U.S. Patent o. 5,930,778 by Bank of America Corporation, Bank of America, National Association, Wachovia Corporation, Wachovia Bank, National Association, First Data Corporation, Telecheck Services, Inc., Remitco, LLC. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit C-1#5 Exhibit D#6 Exhibit E#7 Exhibit F#8 Text of Proposed Order)(Melsheimer, Thomas)

Datatreasury Corporation v. Wells Fargo & Company et al

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EXHIBIT E

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALLDIVISION DATATREASURY CORPORATION, Plaintiff v. WELLS FARGO & COMPANY,ET AL., Defendants 2:06.CV-72 DF

Declaration of Karl T. Sammons I, Karl T, Sammons, declare as follows: i. I amover the age of twenty.one, of soundmind, and competentto makethis

declaration. I havenever been convictedof a felony or a crime of moralturpitude, and I am qualified to give testimonyunder oath. Eachof the facts listed belowis within mypersonal knowledgand is true and correct. e 2. I ampresently retired, Prior to rotiroment, I worked over twenty-nine(29) for

years at UnisysCorporationand its predecessors(hereinafter, "Unisys"), then spent four (4) years workingfor National Processing Company (NPC), followed by two (2) yeats at Global Concepts,Incorporated. I have worked extensively with check processing, imaging, printing, and sorting devices and systems. Particularly, from 1989to 1993, I wasthe Director of Advanced International Programs Unisys. My for responsibilities in this role included international marketingof Unisys high-speedand imagecheck processing systems, which 1 Declaratioof KarlT. Bammons n
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includedsorters. Duringthis time, I coordinatedthe successful international productlaunch of the Unisys high-speed image check system. From1993to 1996, I wasthe Director of Marketing the Pacific, Asia, and Americas for regions for Unisys. My responsibilities in this role included directing sales of UnisysPayment Systemsproducts and software applications to Unisyssubsidiaries and third party channels throughoutSouthAmerica,the South Pacific, and Asia. During this time, I managed developmentof customer proposals and had significant direct interaction with Unisys'sclients. 3. Asof the July 11, 1996filing d~te of the application for U.S. Patent No.

5,930,778(the "'778 Patent"), and November 1993, the filing date of the claimedpriority 22, application for the '778 Patent (hereinafter, the '°778 filing dams"),Unisysreader/sorter product offerings in the UnitedStates and abroadincluded devices such as the Unisys DPS00 documentprocessor, the Unisys DP1000 documentprocessor, and the Unisys DP1800 documenprocessor (hereinafter, "Unisyssorters"). As of the '778 filing dams,Unisyssorter t controller productofferings in the UnitedStates and abroadincludeddevices such as the UnisysASeries processors, the UnisysVSeries processors, as well as the processor housed within the UnisysDP500 document processor (hereinafter, "sorter controllers''). Duringthe time of the '778 filing dates, I wasresponsiblefor international marketing the Unisys of sorters and sorter controllers. 4. Prior to the '778filing dates, the Unisyssorters and sorter controllers were

sold by Unisysto its customersonly with basic systems, diagnostic, and maintenance test software. Customers could separately order application software for the sorter controllers 2 D~laratlon Karl T~Sammom of
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fromUnisys.In additionto beingavailable fromUnisys,applicationsoftwarecompatible withoneor more the Unisys of sorter eomrollers availablefromthird parties specializing was in financial systems applications(e.g., J&B Software, Inc.; TRW FinancialSystems, Inc.; andWausau FinancialSystems, Inc.), or couldhavebeendeveloped the user. by 5. Prior to the '778filing dates, the functionof"adding the recordof each to

instrument indorsement an indicia" couldnot be performed anyof the Unisys by sorters in their basic configuration without application software the sorter controllersproviding for suchfunctionality. TheUnisys sorters alone werenot capable determining of the specifications,formatting,or contentof an endorsement indicia requiredby the user. Such functionalitycouldonlyhavebeenprovided the Unisys to sorters by the sorter controllers via installation of certain applicationsoftware developed the user or purchased by separately fromeither Unisys third parties. or 6. Priorto the '778filing dates, the function of"prcparing cashletter at the a

facility" couldnot be performed anyof the Unisys by sorters without applicationsoftware for the sorter controllers providing functionality.Cashletters wereprepared application such by softwareconfigured formatandorganizedata capturedby the Unisys to sorters. Such applicationsoftware not included the basic configuration the Unisys was in of sorters or sorter controllers, andwould haveto havebeendeveloped the user or purchased by separately either Unisys third parties. from or 7. Prior to the '778filing dates, the functionof"assembling information the

scanned the instruments a transmittable from into recordwithrespectto eachinstrument a in
Declaration Karl T, Summons of
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correspondencewith ~o bundledgroups and cash letters for communication tbe bank" to couldnot be performed any of the Unisyssorters or sortor controllers in their basic by configuration. This functionality ould only be providedby application Soi~arc for the sorter controllers runningin conjunctionwith the Unisyssorters. Suchapplication software wasnot includedin the basic configurationof the Unisyssorters or sorter controllers, and wouldhave to have been dcvvlopedby the user or purchasedseparably from either Unisys or third parties. 8. I declareunderpenaltyof perjury that all of the foregoing true andcorrect. is

FURTHER, DECLARANT SAYETH NOT. Executed on this ~ day of June 2007, Suwanev, GA.

Karl T. Sammons

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Declaration of Karl T, Sammo~
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