Free Redacted Document - District Court of Delaware - Delaware

Case 1 :04-cv-01452-JJF Document 1 15 Filed 08/O9/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
EI. DUPONT DE NEMOURS AND )
COMPANY, )
Plaintiff] I CA. No.-: 044452 (HF)
i
GREAT LAKES CHEMICAL- CORPORATION, g REDACTED PUBLIC VERSION
Defendants )
DECLARATION OF JEFFREY G. MOTE IN SUPPORT OF
GREAT LA.KES’ MOTION FOR SUMMARY JUDGMENT ON CONTRACT ISSUES
I, Jeffrey Gi. Mote, declare as follows:
1. I am a partner with the law firm of Greenberg Traurig LLP, and have an entered
an appearance in this lawsuit pursuant to my admission pro Imc vice to represent Great Lakes
Chemical Corporation ("Great Lakes"). I am one of the outside attorneys with primary
responsibility for prosecuting this matter on behalf of Great Lakes. I make this Declaration in
support of Great I..akes’ Motion for Summary Judgment On Contract Issues. I have personal
knowledge of the facts set forth below or have determined them by examination of Great Lakes'
business records, and ifcalled to testify, I could and would competently do so.
2. Exhibit A is a tmc and correct copy ofthe 1994 Agreement between Great Lakes
and DuPont.
3. Exhibit B is a true and correct copy of the 2002 Agreement between Great Lakes
and DuPont.
4. Exhibit C is a true and correct copy of Great Britain Patent No. 902,590 entitled
"Production of Heptafluoropropanef which was published on August 1, 1962,
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Case 1 :04-cv-01452-JJF Document 1 15 Filed 08/O9/2007 Page 2 of 4
5. Exhibit D is a true and correct copy of excerpts from the deposition of Brian R.
Engler taken on February 6, 2007 in this lawsuit,
6. Exhibit E is a true and correct copy of excerpts from the deposition of Mario J.
Nappa taken on March 6, 2007 in this lawsuit. J
7. Exhibit F is a true and correct copy of excerpts from the deposition of Greg M.
Rubin taken on Febmary 22, 2007 in this lawsuitt
8. Exhibit G is a true and correct copy of excerpts from the deposition of James E.
Shipley taken on February 9, 2007 in this lawsuit.
9i Exhibit H is a true and correct copy of excerpts from the deposition of David W.
Boothe taken on February 23, 2007 in this lawsuit.,
l0. Exhibit 1 is a true and correct copy ofexeerpts from the deposition of William
Douglas Register taken on March 8, 2007 in this lawsuit.
ll. Exhibit J is a true and correct copy of excerpts from the deposition of Joanne
Smith Joyce taken on February 13, 2007 in this lawsuit.
12, Exhibit K is a true and correct copy of a market report prepared by DuPont and
reflecting Great Lakes world—wide market share of fluorochemicals for the tire extinguishing
market in 1998, which was produced by DuPont and bates labeled GLP 000124}.
13. Exhibit L is a true and correct copy of DuPont’s Rule 26(a) Initial Disclosures to
Great Lakes.
14. Exhibit M is a true and correct copy of a letter dated March 12, 2004 hom Greg Rubin of
DuPont to William Douglas Register of Great Lakes, which was produced by DuPont and hates labeled
GLP 0000748,.
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Case 1 :04-cv-01452-JJF Document 1 15 Filed 08/O9/2007 Page 3 of 4
I declare under penalty of pcxjury under the laws of the United States that the foregoing
infomation is true and correct to the best of my knowledge, infomation and belief
Dated: August 2, 2007 (`\- r
eiéy ZL?/[Mote
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Case 1:O4—cv-01452-JJF Document 115 Filed 08/O9/2007 Page 4 of 4
UNITED STATES l)IS'I`RiC"l` COURT
DISTRICT OF DELAWARE
CERTIFICATE OF SERVICE
I hereby certify that 0r1 August 9, 2007, I caused t0 be served by electronic mail the
foregoing document(s) and electronically tiled the same with the Clerk of Court using CM/ECP
which will send notification of such liling(s) to the following:
Richard Lt Horwitz
David E,. Moore
Po1:terAnclerson & Corroon LLP
Hercules Plaza, 6th Floor
I3 I 3 N. l\/Iarket Street
P. O. Box 951
Wilmington, DE l9899~095i
I hereby certify that on August 9, 2007, I have caused to be served by electronic mail the
foregoing document(s) to the following, who will also receive notification ofsucli tiling(s) from
CM/ECP:
Richard C. Komson
John I`. Gallagher
Morgan & Finnegan, LLP
3 World Financial Center
New York, NY l0.28l-2l Ol
{QL/» { .. ceew -+1-
Fredericlc L. Cottrell, lil (#2555)
cot£reli@rlfZcom
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