Free Affidavit - District Court of Delaware - Delaware

Case 1:04-cv-01436-JJF

Document 108-2
ATTORNEYS LAW AT

Filed 02/09/2006

Page 1 of 2

WARD NORRIS HELLER REIDYLLP G(
300 STATES T R E E T R O C H E S T E R NEW YORK 1 4 6 1 4 , 585.454.0700 Fax: 585.423.5910

Eric J. Ward (585) 454-0714 [email protected]

January 13,2006

Ronald J. Schutz, Esq. Robins, Kaplan, Miller & Ciresi, LLP 2800 LaSalle Plaza 800 LaSalle Avenue Minneapolis, MN 55402-2015

Lani R. Miller, Esq. O'Melveny & Myers, LLP 1625 Eye Street NW Washington, D.C. 20006-4001

Re:

Mirage Systems, Inc. v. St. Clair, et al. Ca. Superior Court (Santa Clara County) 1-05-CY-039164

Dear Ron and Lani:

I have Ron's letters of January 4 and January 13, 2006. We do not believe that Judge Jacobs-May's comments amount to an order. As an accommodation, however, I enclose the Asset Purchase Agreement between Kodak and Mirage for production in the above-referenced matter (Bates Numbers CA 000001 - CA 000031). We are producing this to you on the condition that the Agreement and the terms therein remain confidential, and limited to use by outside counsel in this action only. In other words, neither the document nor its contents should be disclosed to your clients or any third parties. Ultimately, I expect that there will be a protective order entered in this case, and this Agreement will be subject to that order. I understand that several current and former of employees of Mirage, the inventordefendants and the principals of St. Clair have given depositions and/or submitted declarations in actions commenced by St. Clair arising from the various patents that form the basis of this case. In return for our production of the Asset Purchase Agreement, I ask that you forward to me immediately those transcripts, declarations and any documents to which they refer. Thank you for your cooperation.
Very truly yours,

FOUNDING PARTNERS: Thomas S. D Yntonio . Meghan M. DiPasquale `Alfred M. Hallenbeck . Cheryl A. Heller . Harold A. Kurland . Michael D. Norris ` Thomas E. Reidy ` Eric 1 Ward

Case 1:04-cv-01436-JJF

Document 108-2

Filed 02/09/2006

Page 2 of 2

Ronald J. Schutz, Esq. Lani R. Miller, Esq. January 13,2006 Page 2

EJW/mmc Enclosure cc: Joshua D. Baker, Esq. (without encl.) Kenneth L. Nissly, Esq. (without encl.)