Free Declaration - District Court of Delaware - Delaware

Case 1:O4—cv—O1436-JJF Document 124 Filed O3/30/2007 Page 1 of 4 i
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ST. CLAIR INTELLECTUAL PROPERTY )
CONSULTANTS, INC. ) `
J
Plaintiff, )
)
v. . ) Civil Action No. 04-1436 JJF
)
SAMSUNG ELECTRONICS CO., LTD., SAMSUNG )
ELECTRONICS AMERICA, INC., SAMSUNG ) JURY TRIAL DEMANDED
TELECOMMUNICATIONS AMERICA, L.P., )
MATSUSHITA ELECTRIC INDUSTRIAL CO., ) I
LTD., MATSUSHITA ELECTRIC CORPORATION )
OF AMERICA, VICTOR COMPANY OF JAPAN, ) .
LTD., JVC COMPANY OF AMERICA, NOKIA )
CORPORATION, NOKIA, INC., HEWLETT- — ) .
PACKARD COMPANY, EASTMAN KODAK )
COMPANY, )
J
Defendants. )
)
)
DECLARATION OF PATRICLA P. IVICGONIGLE IN SUPPORT OF PLAINTIFF ST.
CLAIR INTELLECTUAL PROPERTY CONSULTANTS, INC.’S AN SWERING BRIEF
IN OPPOSITION TO DEFENDANT KODAK’S MOTION TO
STAY CASE PURSUANT TO 28 U.S.C. § 1659
I, Patricia P. McGonigle, declare as follows:
l. I am an attorney with the law firm of Seitz, Van Ogtrop & Green, counsel
representing Plaintiff in the above-captioned action.
2. I am admitted to practice before this Court.
3. This Declaration is submitted in support of Plaintiffs Answering Brief in
Opposition to Defendant Kodak’s Motion to Stay Case Pursuant to 28 U.S.C. § 1659, tiled
contemporaneously with this Court on March 30, 2007.
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Case 1:O4—cv—O1436-JJF Document 124 Filed O3/30/2007 Page 2 of 4 i
4. Attached to this Declaration as Exhibit A is a true and correct copy of the Asset
Purchase Agreement between Eastman Kodak Company and Mirage Systems, Inc., dated May
20, 2005. This exhibit is being tiled under seal and is attached to the Court’s copy of this
Declaration only.
5. Attached to this Declaration as Exhibit B is a true and correct copy of St. Clair’s
Complaint Under Section 337 of the Tariff Act of 1930, As Amended, from In the Matter of
Certain Digital Cameras and Component Parts T lzereojf Inv. No. 337—'I`A—593, dated January 19,
2007.
6. Attached to this Declaration as Exhibit C is a true and correct copy ofthe Public
Version of Eastman Kodak Company’s Response to the Complaint and Notice of Investigation,
from In the Matter of Certain Digital Cameras and Component Parts Thereojf Inv. No. 337-TA-
593, dated March 12, 2007.
7. Attached to this Declaration as Exhibit D is a true and correct copy of Eastman
Kodak Company’s Disclosure of Trade Secret Pursuant to Cal. Civ. Proc. Code § 2019.210, nom
Kodak v. Speasl, Case No. 1-05—CV—039l64 (Cal. Sup. Ct.), dated June 8, 2006.
8. Attached to this Declaration as Exhibit E is a true and correct copy of a hearing
transcript Hom Kodak v. Speasl, Case No. 1-05-Cl/-039164 (Cal. Sup. Ct.), held on August 18,
l 2006.
l 9. Attached to this Declaration as Exhibit F is a true and correct copy of an excerpt
of the transcript from the March 14, 2007 deposition of Kenneth L. Ford, trom Kodak v. Speasl,
Case No. 1—05-CV-039164 (Cal. Sup. Ct.). This exhibit is being filed under seal and is attached
to the Court’s copy of this Declaration only.
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Case 1:O4—cv—O1436-JJF Document 124 Filed O3/30/2007 Page 3 of 4 l
I declare under penalty of perjury under the laws of the State of Delaware and of the
United States that the foregoing is true and correct to the best of my knowledge.
Dated: March 30, 2007 A *
atricia P. McGo e, Esquire (No. 3126)
SEITZ, VAN O OP & GREEN
222 Delaware Avenue, Suite 1500
P.O. Box 68
Wilmington, DE 19899
(302) 888-0600
ATTORNEYS FOR PLAIN TIFF
ST. CLAIR INTELLECTUAL PROPERTY
CONSULTANTS, INC.
1
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Case 1:O4—cv—O1436-JJF Document 124 Filed O3/30/2007 Page 4 of 4 i
CERTIFICATE OF SERVICE
I, Patricia P. McGonigle, Esquire, hereby certify that on March 30, 2007, I caused the
foregoing Declaration of Patricia P. McGonigle in Support of Plaintyf St. Clair Intellectual
Property Consultant, Inc. ’s Answering Brief in Opposition to Defendant Kodak ’s Motion to Stay
Case Pursuant to 28 USC. §1659 to be electronically tiled with the Clerk of Court using
CM/ECF which will send notification of such filing(s) to all counsel of record.
. wt ‘
atricia P. Mc gle (ID No. 3126)
mc oni le s w.com
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