Free Affidavit of Service - District Court of Delaware - Delaware

Case 1:05-cv-00027-SLR

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) ) ) Plaintiff, ) v. ) DELL, INC.; GATEWAY, INC.; ACER INC.; ACER AMERICA ) ) CORPORATION; AOC INTERNATIONAL; AOC ) INTERNATIONAL (USA) LTD.; AU OPTRONICS ) CORPORATION; AU OPTRONICS CORPORATION ) AMERICA a/k/a AU OPTRONICS AMERICA, INC.; BENQ ) CORPORATION; BENQ AMERICA CORPORATION; ) CHUNGHWA PICTURE TUBES, LTD. a/k/a CHUNGHWA ) PICTURE TUBES COMPANY; TATUNG COMPANY; ) TATUNG COMPANY OF AMERICA, INC.; COMPAL ELECTRONICS, INC.; DELTA ELECTRONICS, INC.; DELTA ) ) PRODUCTS CORPORATION; JEAN CO., LTD.; LITE-ON ) TECHNOLOGY CORPORATION; LITE-ON, INC. a/k/a LITEON TRADING USA, INC.; PROVIEW INTERNATIONAL ) ) HOLDINGS, LTD.; PROVIEW TECHNOLOGY, INC.; and ) QUANTA DISPLAY, INC. ) ) Defendants. ________________________________________________________ ) GUARDIAN INDUSTRIES CORP.,

C.A. No.: 05-0027 SLR Jury Trial Demanded

AFFIDAVIT PURSUANT TO D. DEL. LR 4.1 (b) STATE OF DELAWARE COUNTY OF NEW CASTLE : : SS: :

BE IT REMEMBERED that on this 3rd day of March, A.D. 2005, personally came before me, the Subscriber, a Notary Public for the State and County aforesaid, Richard K. Herrmann, attorney for the Plaintiff, who being sworn according to law did depose and say as follows:

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DEFENDANT AU OPTRONICS CORPORATION AMERICA a/k/a AU OPTRONICS AMERICA, INC. 1. That to the best of his knowledge, the Defendant AU Optronics Corporation America

a/k/a AU Optronics America, Inc. is a nonresident of the State of Delaware whose name and address is as follows: AU Optronics Corporation America a/k/a AU Optronics America, Inc. 1800 Wyatt Drive, Suite 7 Santa Clara, CA 95054 2. That on January 19, 2005, the Complaint in the above-captioned action was filed; that

on that same day the Clerk issued a Summons to serve the Secretary of State pursuant to 10 Del. C. § 3104. 3. That on January 25, 2005, the Return of Service was filed, a copy of which is

attached as Exhibit A. 4. That on February 3, 2005, the said Richard K. Herrmann, Esquire, caused a copy of

the Notice, attached hereto as Exhibit B, to be mailed by Registered Mail to the following defendant: AU Optronics Corporation America a/k/a AU Optronics America, Inc. 5. That on February 21, 2005, he, Richard K. Herrmann, Esquire, received from the

postal authority the domestic return receipt signed by the following: C. Dugger. The said receipt is attached hereto as Exhibit C. 6. That the said receipt has the same registered number, to-wit: RB 420 560 084 US, as

the receipt received at the time of the mailing of said notice, attached hereto as Exhibit D. DEFENDANT JEAN CO., LTD. 7. That to the best of his knowledge, the Defendant Jean Co., Ltd. is a nonresident of the

State of Delaware whose name and address is as follows:

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Jean Co., Ltd. 7F, 2, Rui-Guang Rd. Nei-Hu, Taipei Taiwan, R.O.C. 8. That on January 19, 2005, the Complaint in the above-captioned action was filed; that

on that same day the Clerk issued a Summons to serve the Secretary of State pursuant to 10 Del. C. § 3104. 9. That on January 25, 2005, the Return of Service was filed, a copy of which is

attached as Exhibit E. 10. That on February 3, 2005, the said Richard K. Herrmann, Esquire, caused a copy of

the Notice, attached hereto as Exhibit F, to be mailed by Registered Mail to the following defendant: Jean Co., Ltd. 11. That on February 25, 2005, he, Richard K. Herrmann, Esquire, received from the

postal authority the international return receipt attached hereto as Exhibit G. 12. That the said receipt has the same registered number, to-wit: RB 420 560 257 US, as

the receipt received at the time of the mailing of said notice, attached hereto as Exhibit H. DEFENDANT QUANTA DISPLAY, INC. 13. That to the best of his knowledge, the Defendant Quanta Display, Inc. is a

nonresident of the State of Delaware whose name and address is as follows: Quanta Display, Inc. No. 189, Hwa Ya 2 Road Kuei Shan Hsing Tao Yuan Shien Taiwan, R.O.C. 14. That on January 19, 2005, the Complaint in the above-captioned action was filed; that

on that same day the Clerk issued a Summons to serve the Secretary of State pursuant to 10 Del. C. § 3104. -3RKH/109368-0002/1092996/1

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15.

That on January 25, 2005, the Return of Service was filed, a copy of which is

attached as Exhibit I. 16. That on February 3, 2005, the said Richard K. Herrmann, Esquire, caused a copy of

the Notice, attached hereto as Exhibit J, to be mailed by Registered Mail to the following defendant: Quanta Display, Inc. 17. That on March 1, 2005, he, Richard K. Herrmann, Esquire, received from the postal

authority the international return receipt attached hereto as Exhibit K. 18. That the said receipt has the same registered number, to-wit: RB 420 560 230 US, as

the receipt received at the time of the mailing of said notice, attached hereto as Exhibit L.

Dated: March 3, 2005

/s/ Richard K. Herrmann Richard K. Herrmann #405 MORRIS, JAMES, HITCHENS & WILLIAMS LLP 222 Delaware Avenue, 10th Floor Wilmington, Delaware 19801 (302) 888-6800 [email protected] Attorneys for Plaintiff GUARDIAN INDUSTRIES CORP.

SWORN TO AND SUBSCRIBED before me the day and year aforesaid:

/s/ Loretta M. Lawrence Notary Public

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CERTIFICATE OF SERVICE I hereby certify that on the 3rd day of March, 2005, I electronically filed the foregoing document, AFFIDAVIT PURSUANT TO D.DEL. LR 4.1 (b), with the Clerk of the Court using CM/ECF which will send notification of such filing to the following:

Richard L. Horwitz, Esq. David E. Moore, Esq. Potter Anderson & Corroon Hercules Plaza, 6th Floor 1313 N. Market Street Wilmington, DE 19801 Jeffrey S. Goddess, Esq. Rosenthal Monhait Gross & Goddess, P.A. 919 Market Street, Suite 1401 Wilmington, DE 19801 Gerard M. O'Rourke, Esq. Connolly Bove Lodge & Hutz LLP 1007 North Orange Street, P.O. Box 2207 Wilmington, Delaware 19899-2207

/s/ Richard K. Herrmann Richard K. Herrmann (#405) MORRIS, JAMES, HITCHENS & WILLIAMS LLP 222 Delaware Avenue, 10th Floor Wilmington, Delaware 19801 302.888.6800 [email protected] Attorneys for Plaintiff GUARDIAN INDUSTRIES CORP.

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