Free Memorandum - District Court of Arizona - Arizona

Dunn, Nathan
From: Sent: To: Cc: Subject: Mike: There is no basis for your seeking the preliminary injunctive relief described in your message to me, nor did you even request that specific injunctive relief in your second amended complaint. Not only does your proposed preliminary injunction lack any merit, but we have difficulty understanding how you could even in good faith make an argument for such relief. You need to be more specific about the documents that allegedly exist. We do not believe that there are any such documents that would support any claim for the preliminary injunctive relief described in your message, and cannot agree that you should have "access" to such non-existent documents. Sincerely, Sid Leach -----Original Message----From: Sutton, Michael [mailto:[email protected]] Sent: Tuesday, July 26, 2005 11:16 AM To: Leach, Sid Cc: Thomas Cummings; Boyd, Steve; Dunn, Nathan Subject: Lexcel v. MasterCard Importance: High Sid, We are planning on filing a motion for preliminary injunction and want to confer with you before doing so. The relief we will be seeking is: 1. MasterCard is required to tell its customers/sublicensees that they can use Lexcel software; 2. MasterCard must stop telling its customers/sublicensees that they cannot use Lexcel software; and 3. MasterCard must stop taking actions that prevent its customers/sublicensees from using Lexcel software, such as requiring the customers/sublicensees to return the Hasps that enable use of the Lexcel software. Does MasterCard agree? Although we do not know the specifics, we understand that documents exist and that have been produced in the patent litigation that would support our motion. Will you agree that we as counsel for Lexcel in this case can have access to documents produced in the patent case. Otherwise, we will be moving to have such access. I look forward to hearing from you promptly. Mike Sutton Leach, Sid [[email protected]] Wednesday, July 27, 2005 3:45 PM Sutton, Michael Thomas Cummings; Boyd, Steve; Dunn, Nathan RE: Lexcel v. MasterCard

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Case 2:03-cv-01454-JAT

Document 145-4

Filed 08/29/2005

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