AdvanceMe Inc v. RapidPay LLC

Filing 238

AFFIDAVIT in Opposition re 215 SEALED PATENT MOTION FOR PARTIAL SUMMARY JUDGMENT filed by AdvanceMe Inc. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Edelman, Michael)

AdvanceMe Inc v. RapidPay LLC

Doc. 238

Case 6:05-cv-00424-LED

Document 238

Filed 04/19/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION § § § § § § § § § § § § §

ADVANCEME, INC., Plaintiff, v. RAPIDPAY LLC, FIRST FUNDS LLC, MERCHANT MONEY TREE, INC., REACH FINANCIAL LLC, and FAST TRANSACT, INC. d/b/a SIMPLE CASH, Defendants.

CASE NO. 6:05-CV-424 (LED)-(JDL)

DECLARATION OF MICHAEL N. EDELMAN IN SUPPORT OF PLAINTIFF ADVANCEME, INC.'S SUR-REPLY

I, Michael N. Edelman, declare as follows: 1. I am of counsel with the law firm of Paul, Hastings, Janofsky & Walker LLP,

counsel for plaintiff AdvanceMe, Inc. ("AdvanceMe") in the above-referenced matter. I have personal knowledge of the following facts and, if called upon to do so, could and would testify competently thereto. 2. Attached hereto as Exhibit A is a true and correct copy of Request for Extension-

of-Time and Amendment for Application No. 09/356,711, filed July 12, 2004, in the United States Patent and Trademark Office. 3. Attached hereto as Exhibit B is a true and correct copy of a February 12, 2007

email from Joseph Gray, counsel for Defendants, attaching Defendants' Third Amended Invalidity Contentions. My office received this email at 5:39 p.m. Pacific Time.

DECL. OF M. N. EDELMAN IN SUPPORT OF ADVANCEME'S SUR-REPLY IN OPPOSITION TO DEFS' PARTIAL SUMMARY JUDGMENT

Case No. 6:05-CV-424 (LED) -(JDL)
Dockets.Justia.com

Case 6:05-cv-00424-LED

Document 238

Filed 04/19/2007

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I declare the foregoing to be true and correct. Executed this 19th day of April, 2007, at Palo Alto, California. __________/s/ Michael N. Edelman______________ Michael N. Edelman

DECL. OF M. N. EDELMAN IN SUPPORT OF ADVANCEME'S SUR-REPLY IN OPPOSITION TO DEFS' PARTIAL SUMMARY JUDGMENT

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Case No. 6:05-CV-424 (LED) -(JDL)

Case 6:05-cv-00424-LED

Document 238

Filed 04/19/2007

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CERTIFICATE OF SERVICE The undersigned hereby certifies that all counsel of record who are deemed to have consented to electronic service are being served with a copy of this document via the Court's CM/ECF system per Local Rule CV-5(a)(3). Any other counsel of record will be served by facsimile transmission and/or first class mail this 19th day of April, 2007. /s/ Michael N. Edelman

LEGAL_US_W # 56067718.1

DECL. OF M. N. EDELMAN IN SUPPORT OF ADVANCEME'S SUR-REPLY IN OPPOSITION TO DEFS' PARTIAL SUMMARY JUDGMENT

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Case No. 6:05-CV-424 (LED) -(JDL)