Joint Appendix (Part 1)

Case 2:10-cv-02225-JAK -JC Document 172-1#:2775Filed 01/11/12 Page 2 of 47 Page ID12345678910111213141516171819202122232425262728I, David M. Dushane, declare:1. I am an attorney at law duly licensed to practice before this Court and allCourts in the State of California. I am counsel of record for Plaintiff Jake Lee in theabove-captioned case. In such capacity, I have personal knowledge of the facts set forthherein, and if called as a witness, could and would testify competently thereto.2. I provide this declaration in support of Plaintiff Jake Lee’s Motions for (1)an Award of Treble Damages against Defendants Mike’s Novelties, Inc. dba Mike’sWorldwide Imports (“MWI”) and Manisch Chander pursuant to 35 U.S.C. § 284 and (2)an award of attorney fees in favor of Plaintiff Jake Lee against Defendants MWI andMansich Chander pursuant to 35 U.S.C. § 285.3. Plaintiff filed the instant action against Defendants on March 26, 2010 forpatent infringement.4. On December 28, 2011, this Court entered a judgment on the jury’s verdictin favor of Plaintiff Jake Lee for damages in the amount of $40,000. Attached hereto as“Exhibit A” is a true and correct copy of the Judgment in this action.5. The Jury in this case found by special verdict: (1) that Defendant MWI wasliable for directly infringing Plaintiff’s patent; (2) that Defendant Manisch Chander wasliable for inducing MWI’s infringement of Plaintiff’s patent and (3) that both Defendants’infringement was willful. Attached hereto as “Exhibit B” is a true and correct copy ofthe Jury’s Verdict Form in this action dated December 20, 2011.6. On July 2, 2010, Plaintiff offered to settle his claims against all Defendantsfor $100,000. I took care in the settlement demand letter I wrote to document andmemorialize Defendants’ contentions that (1) my client’s patent infringement claimswere frivolous and (2) that Defendants “would not let go” of the case if Plaintiff refusedto pay Defendants their attorney fees to date. A true and correct copy of my email toLouis Teran dated July 2, 2010 reflecting the above is attached hereto as “Exhibit C.”7. On October 27, 2010, Defendants advised they would “accept fullreimbursement for all of their legal expenses and forego any other damages in return for1DUSHANE DECL. RE PLAINTIFF’S MOTIONS FOR ENCHANCED DAMAGES ANDATTORNEY FEES PURSUANT TO 35 U.S.C. §§ 284 AND 285(CASE NO: 2:10-cv-02225-JAK-JCX)-A281-