Datatreasury Corporation v. Wells Fargo & Company et al

Filing 737

MOTION for Summary Judgment for Claim Invalidity Based on Indefiniteness of U.S. Patent No 5,583,759 by Bank of America Corporation, Bank of America, National Association, Wachovia Corporation, Wachovia Bank, National Association. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit E-1#7 Exhibit F#8 Text of Proposed Order)(Melsheimer, Thomas)

Datatreasury Corporation v. Wells Fargo & Company et al

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EXHIBIT D

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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, KarLT. Sammons, declare as follows: 1. 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 knowLedge is true and correct. and 2. I ampresentLy'retired. Prior to retirement, I worked over twenty-nine(29) for

years at UnisysCorporation its predecessors(hereinafter, "Unisys"), then spent four (4) and years workingfor National Processing Company (NPC),foLLowed two (2) years at Global by Concepts,Incorporated. I have workedextensively with check processing, imaging, printing, and sorting devices and systems. Particularly, from1989to 1993, I wasthe Director of Advanced International Programs Unisys. My for responsibilities in this role included 1
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international marketingof Unisys high-speedand imagecheek processing systems, which includedsorters. Duringthis time, I coordinatedthe successful international productlaunch of the Unisys high-speed imagecheck system. From1993 to 1996, I wasthe Director of Marketing the Pacific, Asia, and Americas for regions for Unisys. My responsibilitias in this role included directing sales of Unisys Payment Systemsproducts and software applications to Unisyssubsidiaries and third party channelsthroughoutSouthAmerica,the SouthPacific, and Asia. Duringthis time, I managed development customerproposals arid had of significant direct interaction with Unlsys'sclients. 3. Asof the July 27, 1995filing date of the application for U.S. Patent No.

5,583,759(the "'759 Patent"), and November 1993, the filing date of the elalmedpriority 22, application for the '759Patent (hereinafter, the "'759filing dates"), Unisysreader/sorter product offerings in the United States and abroadincluded devices such as the UnisysDP500 documentprocessor, the Unisys DPl000documentprocessor, and the Unisys DPIS00 documenprocessor (hereinafter, "Unisyssorters"). As of '759 filing dates, Unisyssorter t controller productofferings in the UnitedStates and abroadincludeddevices such as the onlsys ~ ~envs processors, meuiusy~ v ~rl~s pIO~J¢~ol~ ~ w~;|l ~t~ tll~ l, Jru~ur trouped within the UnisysDP500 document processor (hereinafter, "sorter controllers"). Duringthe time of the '778 filing dates, I wasresponsiblefor international marketing the Unisys of sorters andsorter controllers. 4. Prior to the '759 filing dates, the Unisyssorters and sorter controllers were

sold by Unisysto its customersonly with basle systems, diagnostic, and maintenance test 2
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software.Customers separatelyorder applicationsofrware the sorter ontrollers could for fromUnisys.In additionto beingavailable fromUnisys,applicationsoftwarecompatible withoneor more the Unisys of sorter controllers wasavailablefromthird parties specializing 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 '759filing dates, the functionof"preparing or more one cash

letters at the first location"could be performed anyof the Unisys not by sorters or sorter controllerswithout application software the sorter controllersproviding for such functionality. Cash letters wereprepared applicationsoftware by configured formatand to organize data captured the Unisys by sorters. Such applicationsoftwarewasnot included ifl the basic configuration the Unisys of sorters or sorter controllers, andwould to have have beendeveloped the user or purchased by separatelyfromeither Unisys third parties. or 6. I declareunderpenalty&perjury all of the foregoing true andcorrect. that is

FURTHER,DECLARANT SAYETH NOT. Executed on this /dt~ day of June 2007, Suwanee,GA.

Karl T. San~mons

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