Free Exhibit to a Document - District Court of Delaware - Delaware


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Date: April 5, 2005
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State: Delaware
Category: District Court of Delaware
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Case1:04-cv-01380-GIVIS Document 45-13 Filed O4/05/2005 Page1 0f4

Case 1 :04-cv-01380-GIVIS Document 45-13 Filed O4/05/2005 Page 2 of 4
Tlan Sl REDACTED
> > >
> > > > ·—·-Oflglflal Message-—·
> > > > From; Ferchat. Robert
> > > > Sent; Thursday, August 13, 1998 7.58 AM
> > > > To: ”[email protected]‘
> > > > Subiectz RE. Qualcomm
> > > >
> > > > John ·-Yes l will speak to Q about your position. l hope you
> have
> > > > though through where this all takes you if the deal breaks up
> and
> > it
> > > > is in serious trouble right now
> > > > 1) There will be no Hnancing from Q or GST
> > > > 2) The FCC will want its money
> > > > 3) GST will pay nothing more and PCS will be pursued for back .
> > > > payments. Y
> > > > 4) Someone will have to come forward with the money to pay all ,
> PCS _ -
> > > > obligations
> > > > 5) Gst will move to protect itself and its rights
> > > > 6) The employees of PCS will be all cast aside and earlier you
> > were
> > > > very worried about a couple. This means all of them.
> > > >
> > > > John, I understand pride BUT l also understand practicality. We
> > both
> > > > need this deal and there must be a way around since all
> > substantive
> > > > issue are resolved.
> > > > Bqb
> > > >
> > > > —-—Original Message--
> > > > From: [email protected] [SMTP:[email protected])
> > > > Sent: Wednesday, August 12, 1998 7:55 PM
> > > > To: `[email protected]; a¤¤_ois¤¤@gs¤~¤n¤.¤ei
> > > > Subject: Qualcomm
> > > >
> > > > Yesterdayirny attomey Rhonda Kennedy spoke with Qualcomms
> > attomey,
> > > > during
> > > > the discussion they (Qualcomm) represented that they understood
> > tl·iatl
> > > > had not
> > > > participated in an negotiations with Qualcomm, they understood
> > thatl
> > > > had not
> > > > received any proprietary information regarding their "plan", and
> > > > therefore
> > > > only wanted to bind Magnacom and PCS+ and the existing PCS+
ATER 001943 .
CONFIDENTIAL
GST-WARTA0010392

C page 4

> > officers
> > > > {operating managers) to the Non—circumvention agreement
> > > >
> > > > TODAY, they called back and demand that this agreement znclude
> me
> > > >
> > > > Gentlemen. this is a deal breaker, I have said this from the get
> > gQ_
> > > > l will
> > > > not be bound by an agreement that does not currently bind me_
> nor
> > nave
> > > > I had
> > > > any knowledge, participation or beneht of any plan or
> information
> > > > from
> > > > Qualcomm. Further, it seems outrageous that they would seek to
> > bind
> > > > me, but
> > > > not GST. I understand that Doug Hutchinson wants to speak to me
> > about ;
> > > > this V
> > > > issue, but I can tell you that I will not retract on my ,
> position, · ·
> > and
> > > > this may
> > > > be a deal breaker. The agreement that they have drafted is
> broad,
> > non
> > > > specilic, and clearly appears to be intended to restrain
> > competition,
> > > > and
> > > > enable them to harrass people.
> > > >
> > > > I have sought to accomodate GST`s desire to cancel its
> agreement ·
> > with
> > > > PCS+
> > > > and get their money back. I am sorry but I will not do so, if
> it
> > > > requiresme
> > > > to sign this agreement or zo be bound by it. Because Q is
> pushing
> > > > this issue,
> > > > I must now insist that if we do move forward, that they sign an
> > > > agreement that
> > > > specifically exempts me from the non·circumvention agreement,
> > since l
> > > > have not
> > > > had access, or knowledge or use of any confidential or
> proprietary
> > > > information
> > > > from Q, and do not want to be harrassed by them in the future.
> > > >
ATER 001944
CONFIDENTIAL
GST-WARTA0010393

C ° ‘ ° '°8gZ“”°‘°j*§ 5%%*
> > > > If you nave any znfiuence on O on tms matters v suggest you
> speak
> > {Q
> > > > {NEW
> > > > asap,
s
ATER 001945
CONFIDENTIAL
GST-WARTA0010394