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Joint Appendix (Part 1)

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Case 2:10-cv-02225-JAK -JC Document 172-1 Filed 01/11/12 Page 25 of 47 Page ID58K#:27981/11/12 Law Offices Of David M. Dushane Mail - Lee v M kes Novelti…Lo. is F. Teran To: "Da.id M. Dushane" Wed, Oct 27, 2010 at 2:14 PMDavid,I understand your point. My client is fully aware of their duty to preserve evidence.Thank youLouis F. TeranAttoney at LawStrategic Legal CounselingPhone: (818) 484-3217 x200Fax: (866) 665-8877*** WARNING: CONFIDENTIAL COMMUNICATION ***This electronic message and any accompanying pages or attachments contain information from the law firm ofStrategic Legal Counseling. The information may be a confidential attorney-client communication containinginformation that is privileged or confidential. The information is intended to be for the use of the individual or entitynamed. Any dissemination, distribution or copying of this communication is strictly prohibited without ourexpress permission. If you have received this communication in error, please notify us immediately by return e-mail or by calling us at (800) 752-8470. We will arrange the retrieval of the original documents at no cost to you.Thank you.----- Original Message ----- From: "David M. Dushane" To: "Louis F. Teran" Sent: Wednesday, October 27, 2010 1:22 PMSubject: Lee v Mikes Novelties, Inc. et al.[Quoted text hidden]David Dushane To: "Louis F. Teran" Wed, Oct 27, 2010 at 2:46 PMLouis:My client has determined that no terms within the claims of his patent areappropriately subject to claim construction and therefore has noinformation to disclose pursuant to Local Patent Rule 4-2. Also, myclient rejects your clients' offer to settle this case in its entirety.Thanks.DavidPS: I received Defendants' Proposed Claim Constructions and Mike's FIRSTSupplemental Disclosures.LAW OFFICES OF DAVID M. DUSHANE9595 Wilshire Boulevard, Suite 900https://mail.google.com/mail/u/0/?ui=2& k=ab8db73718&view…3/6-A304-

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