Free Motion for Summary Judgment - District Court of Delaware - Delaware

Case 1:06-cv-00496-JJF Document 11-3 Filed 10/19/2006 Page 1 of 3
IN THE UNITED STATES DESTRICT COURT
FOR THE DISTRICT OF DELAWARE
TRISTRATA TECHNOLOGY, INC. )
Plaintiff, l
v. g Civil Action No. O6~496 (JJF)
INTERNATIONAL SHIELD, INC., and g
ABDEL ATTIA )
Defendants. g
PLAINTIFF TRISTRATA TECHNOLOGY, INC.’S
MOTION FOR SUMMARY JUDGMENT
Plaintiff, TriStrata Technoiogy, Inc. (‘“TTI”) respectfully moves for summary judgment,
pursuant to Fed. R. Civ. P. 56, against International Shield, Inc. ("International Shield?) and
Abdel Attia (coilectively "Defendants") for International Shield’s breach of the License
Agreement, Forbearance Agreement and Extension to the Forbearance Agreement, and Mr.
Attia’s breach of the Personal Guaranty. The grounds and iegal basis for this Motion are set
forth in the accompanying Memorandum in Support of TriStrata Technoiogy, Inc.’.s Motion for
Summary Judgment.
WHEREFORE, TTI respectfully requests this Court:
A. Find as a matter of law that International Shield has breached the License
Agreement, Forbearance Agreement and Extension to the Forbearance Agreement;
B. Find as a matter of law that Abdel Attia has breached the Personal Guaranty;
C. Award in favor of TTI all amounts due under the License Agreement,
Forbearance Agreement and Extension to the Forbearance Agreement, including interest, costs
and such other and further damages or relief as is appropriate;
D. Award in favor of TTI attornr-:y’s fees and costs;

Case 1:06-cv-00496-JJF Document 11-3 Filed 10/19/2006 Page 2 of 3
E. Preliminarily and permanently enjoin Defendants, their officers, agents, servants,
employees, successors, assigns, affiliates, subsidiaries and all related entities and others in active
concert with Defendants from continuing to breach the License Agreement, Forbearance
Agreement, Extension to the Forbearance Agreement and/or the Personal Guaranty;
F. Preliminarily and permanently enjoin Defendants, their officers, agents, servants,
employees, successors, assigns, affiliates, subsidiaries and all related entities and others in active
concert with Defendants from manufacture, distribution and/or sate of the licensed products as
set forth inthe License Agreement;
G. Award TTI such other and further relief as this Court may deem just and proper.
Dated: October 19, 2006 Respectntlly submitted,
we 9 . 2 )£2t
Arthur G. Connolly, III (#2667)
CONNOLLY BOVE LODGE & HUTZ LLP
The Nemours Building
1007 N. Orange Street
P.O. Box 2207
Wilmington, DE 19899
(302) 658~9l4l
Of Counsel:
Michael O. Warnecke
Douglas L. Sawyer
Arie S. Jacover
MAYER, BROWN, ROWE & MAW LLP
71 South Wacker Drive
Chicago, EL 60606
(312) 701-8602
Kevin M. McGovern
Brian T. Foley
McGovern & Associates
545 Madison Avenue, l5th Floor
New York, New York 10022
(212) 688-9840
U Courtsclfor TriSz‘rczz‘cz Techno/ogy, Inc.
2

Case 1 :06-cv-00496-JJF Document 1 1-3 Filed 10/19/2006 Page 3 of 3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on October 19, 2006, I electronically tiled the foregoing
document with the Clerk ofthe Court using CM/ECF which will send notification of such tiling
to the following counsel of record:
Michael W. Medica, Esq.
715 King Street, Suite 300
P.O. Box 437
Wilmington, DE 19899
/s/Arthur G. Connolly, III
Arthur G. Connolly, III (#2667)
#494733MI