Free Declaration - District Court of Delaware - Delaware

Case 1 :04-cv—00876-GIVIS Document 123 Filed 03/24/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
TELCORDIA TECHNOLOGIES, INC., )
Plaintiff/Counterclaim Defendant, I
v. l C.A. No. 04-875-GMS
LUCENT TECHNOLOGIES, INC., I
Defendant/Counterclaim Plaintiff. g

Plaintiff/Counterclairn Defendant, g
v. g C.A. N0. O4-876—Gi\/IS
CISCO SYSTEMS, INC., i
Defendant/Counterclaim Plaintiff §
DECLARATION OF LESLIE A. POLIZOTI, ESQUIRE IN SUPPORT
OF LUCENT ANI) CISCO’S ANSWERING CLAIM CONSTRUCTION BRIEF ON
UNITED STATES PATENT NOS. 4,893,306, 4,835,763, AND RE 36,633
I, Leslie A. Polizoti, declare as follows:
I. I anti a member of the Bar of this Coun and an associate at the law firm of
Morris, Nichols, Arsht, & Tunneil LLP, attomeys for defendant Cisco Systems, Inc. ("Cisco") in
this action. I make this declaration in support of Lucent and Cisco’s Answering Claim
Construction Brief.
2. Attached as Exhibit I is a true and correct copy of U.S. Patent No.
4,833,673, issued on May 23, I989.
3. Attached as Exhibit 2 is a true and correct copy of excerpts from the
original application that issued as the ’3()6 patent, dated November I0, 1987.
4. Attached as Exhibit 3 is a true and correct copy of an Office Action from
the prosecution history of the ’306 patent, dated September 2, 1988.

Case 1 :04-cv—00876-GIVIS Document 123 Filed 03/24/2006 Page 2 of 4
5. Attached as Exhibit 4 is a true and correct copy of MPEP § 803 (8th Ed.,
Rev. 4), dated October 2005.
6. Attached as Exhibit 5 is a true and correct copy of a Response to Office
Action from the prosecution history of the ’306 patent, dated October 5, 1988.
7. Attached as Exhibit 6 is a true and correct copy of U.S. Patent No.
4,855,999, issued on August 8, 1989.
8. Attached as Exhibit 7 is a true and correct copy of U.S. Patent No.
4,833,671, issued on May 23, 1989.
9. Attached as Exhibit 8 is a true and correct copy of U.S. Patent No.
4,819,226, issued on Aprii 4, 1989.
10. Attached as Exhibit 9 is a true and correct copy of excerpts from the
transcript from the ciaim construction hearing in Bell Communications Research v. F ore
Systems, C.A. No. 98-586 (D. Dei.), dated March 23, 2000.
11. Attached as Exhibit 10 is a tmc and correct copy of an excerpt from
Be11core’s answering claim construction brief in Bell Communications Research v. Fore Systems,
C.A. No. 98-586 (D. Del.), dated September 9, 1999.
12. Attached as Exhibit 11 is a true and correct copy ofthe opinion in Bicon,
Inc. v. The Straumarm Company, -— F.3d ~~, No. 05—1168, 2006 WL 688797 (Fed. Cir., Mar. 20,
2006).
13. Attached as Exhibit 12 is a true and correct copy of the Office Action from
the prosecution history ofthe ’”/63 patent, dated October 6, 1988.
14. Attached as Exhibit 13 is a true and correct copy of an Amendment from
the prosecution history of the ’763 patent, dated January 4, 1989.
Executed this th day of March, 2006 at ` imii ti . Ot? i ra are oc;
2

Case 1 :04-cv—00876-GIVIS Document 123 Filed 03/24/2006 Page 3 of 4
I declare under penalty of perjury that the foregoing is true and correct.
3

Case 1 :04-cv—00876-GIVIS Document 123 Filed 03/24/2006 Page 4 of 4
CERTIFICATE OF SERVICE
I certify that on March 24, 2006 I electronically filed the foregoing
DECLARATION OF LESLIE A. POLIZOTI, ESQUIRE IN SUPPORT OF LUCENT AND
CISCO ’S ANS WERING CLAIM CONSTRUCTION BRIEF ON UNITED STA T ES PATENT NOS.
4,863,306, 4,835, 763, AND RE 36,633 with the Clerk ofthe Court using CM/ECE, which will
send notification of such tiling to Steven J. Balick and John G. Day.
I further certify that I caused to be served copies ot` the foregoing document on
March 24, 2006 upon the following in the manner indicated:
BY HAND BY FEDERAL EXPRESS
John G. Day Don O. Burley
ASHBY & GEDDES FINNEGAN, HENDERSON, FARABOW,
222 Delaware Avenue GARRETT & DUNNER
Wilmington, DE IQSOI 1300 I Street, N.W.
Washington, DC 20005-3315
BY ELECTRONIC MAIL
John Day 1jday@,ash‘oy-geddes.com)
John Williamson {john.williamsong@,§nnegan.com)
York Faulkner (york.faulknerg§2_},tinnegan.co1n)
Don Burley tdon.burleyg@,iinnegan.com) _ .
Leslie A. .:· zoti (# 9)
_. ` .... . er"' l l