Case 1:23-cv-00278-MN Document 46-1 Filed 12/21/23 Page 1 of 5 PageID #: 979
`Case 1:23-cv-00278-MN Document 46-1 Filed 12/21/23 Page 1 of 5 PagelD #: 979
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`EXHIBIT A
`EXHIBIT A
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`Case 1:23-cv-00278-MN Document 46-1 Filed 12/21/23 Page 1 of 5 PagelD #: 979
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`EXHIBIT A
`EXHIBIT A
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`Case 1:23-cv-00278-MN Document 46-1 Filed 12/21/23 Page 2 of 5 PageID #: 980
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`Megan C. Haney
`From:
`Sent:
`To:
`Cc:
`
`Subject:
`
`Schafer, Mark D. (SHB) <MSCHAFER@shb.com>
`Monday, December 11, 2023 8:23 PM
`Smith, Ryan
`Megan C. Haney; Jack Phillips; Williams, Paul (SHB); Dykal, Ryan (SHB); Murray, Emma (SHB);
`McKellips, Sa Nette (SHB); WSGR - PayRange-CSC; Bindu Palapura; Moshos, Andrew M.
`RE: PayRange v. CSC - '772 Patent & Discovery Issues
`
`Ryan,
`
`We can do tomorrow at 2pm ET. I will circulate a calendar invite.
`
`Thanks,
`Mark
`
`From: Smith, Ryan <rsmith@wsgr.com>
`Sent: Monday, December 11, 2023 3:50 PM
`To: Schafer, Mark D. (SHB) <MSCHAFER@shb.com>
`Cc: Megan C. Haney <mch@pmhdelaw.com>; Jack Phillips <JCP@pmhdelaw.com>; Williams, Paul (SHB)
`<PWILLIAMS@shb.com>; Dykal, Ryan (SHB) <RDYKAL@shb.com>; Murray, Emma (SHB) <aemurray@shb.com>;
`McKellips, Sa Nette (SHB) <SMCKELLIPS@shb.com>; WSGR ‐ PayRange‐CSC <PayRange‐CSC@wsgr.com>; Palapura,
`Bindu A. <bpalapura@potteranderson.com>; Moshos, Andrew M. <amoshos@potteranderson.com>
`Subject: RE: PayRange v. CSC ‐ '772 Patent & Discovery Issues
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`
`EXTERNAL
`
`Mark,
`
`
`Would tomorrow (Tuesday) at 12pm ET, or after 1pm ET work for you?
`
`
`Thanks,
`Ryan
`
`
`From: Schafer, Mark D. (SHB) <MSCHAFER@shb.com>
`Sent: Monday, December 11, 2023 2:47 PM
`To: Smith, Ryan <rsmith@wsgr.com>
`Cc: Megan C. Haney <mch@pmhdelaw.com>; Jack Phillips <JCP@pmhdelaw.com>; Williams, Paul (SHB)
`<PWILLIAMS@shb.com>; Dykal, Ryan (SHB) <RDYKAL@shb.com>; Murray, Emma (SHB) <aemurray@shb.com>;
`McKellips, Sa Nette (SHB) <SMCKELLIPS@shb.com>; WSGR ‐ PayRange‐CSC <PayRange‐CSC@wsgr.com>; Palapura,
`Bindu A. <bpalapura@potteranderson.com>; Moshos, Andrew M. <amoshos@potteranderson.com>
`Subject: RE: PayRange v. CSC ‐ '772 Patent & Discovery Issues
`
`
`EXT ‐ mschafer@shb.com
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`Ryan,
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`1
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`Case 1:23-cv-00278-MN Document 46-1 Filed 12/21/23 Page 3 of 5 PageID #: 981
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`Just following up on the below. Let us know when you are available to discuss.
`
`
`Thanks,
`Mark
`
`
`From: Schafer, Mark D. (SHB)
`Sent: Wednesday, December 6, 2023 10:50 AM
`To: Smith, Ryan <rsmith@wsgr.com>
`Cc: Megan C. Haney <mch@pmhdelaw.com>; Jack Phillips <JCP@pmhdelaw.com>; Williams, Paul (SHB)
`<PWILLIAMS@shb.com>; Dykal, Ryan (SHB) <RDYKAL@shb.com>; Murray, Emma (SHB) <aemurray@shb.com>;
`McKellips, Sa Nette (SHB) <SMCKELLIPS@shb.com>; WSGR ‐ PayRange‐CSC <PayRange‐CSC@wsgr.com>; Palapura,
`Bindu A. <bpalapura@potteranderson.com>; Moshos, Andrew M. <amoshos@potteranderson.com>
`Subject: RE: PayRange v. CSC ‐ '772 Patent & Discovery Issues
`
`
`Ryan,
`
`
`Monday works for the call. Just let us know your team’s availability that day.
`
`
`We received PayRange’s amended infringement contentions. However, we noticed the cover pleading still asserts claim
`1 of the ‘772 patent. While we appreciate that claim 11 depends from claim 1, we understand that claim 1 has been
`disclaimed and thus cannot be asserted. Can you please confirm that claim 1 was asserted in error and serve a corrected
`cover pleading to reflect that PayRange only asserts claim 11 of the ‘772 patent.
`
`
`Thanks,
`Mark
`
`
`From: Smith, Ryan <rsmith@wsgr.com>
`Sent: Tuesday, December 5, 2023 8:20 PM
`To: Schafer, Mark D. (SHB) <MSCHAFER@shb.com>
`Cc: Megan C. Haney <mch@pmhdelaw.com>; Jack Phillips <JCP@pmhdelaw.com>; Williams, Paul (SHB)
`<PWILLIAMS@shb.com>; Dykal, Ryan (SHB) <RDYKAL@shb.com>; Murray, Emma (SHB) <aemurray@shb.com>;
`McKellips, Sa Nette (SHB) <SMCKELLIPS@shb.com>; WSGR ‐ PayRange‐CSC <PayRange‐CSC@wsgr.com>; Palapura,
`Bindu A. <bpalapura@potteranderson.com>; Moshos, Andrew M. <amoshos@potteranderson.com>
`Subject: Re: PayRange v. CSC ‐ '772 Patent & Discovery Issues
`
`
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`EXTERNAL
`
`Marc,
`
`I agree that we should have a call to discuss. However, I am traveling currently and have a deposition on Friday. Could
`we have a call on Monday? Thank you.
`
`
`Ryan Smith
`Wilson Sonsini
`Cell: 650.269.0822
`Email: rsmith@wsgr.com
`
`
`On Dec 4, 2023, at 7:12 PM, Schafer, Mark D. (SHB) <MSCHAFER@shb.com> wrote:
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`2
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`Case 1:23-cv-00278-MN Document 46-1 Filed 12/21/23 Page 4 of 5 PageID #: 982
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`EXT ‐ mschafer@shb.com
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`Ryan,
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`Thanks for the email. We would like to discuss these issues. Please let us know your availability this week for a call.
`
`
`Thanks,
`Mark
`
`
`Mark D. Schafer
`Partner
`Shook, Hardy & Bacon L.L.P.
`1660 17th St., Suite 450
`Denver, CO 80202
`
`303.592.5164 | mschafer@shb.com
`<image001.jpg>
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`From: Smith, Ryan <rsmith@wsgr.com>
`Sent: Wednesday, November 29, 2023 6:49 PM
`To: Schafer, Mark D. (SHB) <MSCHAFER@shb.com>; Megan C. Haney <mch@PMHDELaw.com>; Jack Phillips
`<JCP@PMHDELaw.com>; Williams, Paul (SHB) <PWILLIAMS@shb.com>; Dykal, Ryan (SHB) <RDYKAL@shb.com>; Murray,
`Emma (SHB) <aemurray@shb.com>; David, Stefon (SHB) <SDAVID@shb.com>; McKellips, Sa Nette (SHB)
`<SMCKELLIPS@shb.com>
`Cc: WSGR ‐ PayRange‐CSC <PayRange‐CSC@wsgr.com>; Palapura, Bindu A. <bpalapura@potteranderson.com>; Moshos,
`Andrew M. <amoshos@potteranderson.com>
`Subject: PayRange v. CSC ‐ '772 Patent & Discovery Issues
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`
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`EXTERNAL
`
`Dear Counsel,
`
`I write to address three issues:
`
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`1. Please be advised that PayRange filed the attached statutory disclaimer for claims 1‐6, 8‐10 and 12‐20 of the
`‘772 patent. PayRange intends to serve amended infringement contentions for the ‘772 patent, asserting only
`claim 11. We are aiming to provide those amended contentions this week if possible. If you’d like additional
`time for invalidity contentions for the ‘772 patent please let know. Relatedly, we think it makes sense to file a
`joint notice alerting the Court of this development, especially given the pending MTD.
`
`2. We’d like to speak with our about ESI discovery. We think it makes sense for the parties to exchange ESI search
`terms and custodians (for their own collection) by December 8 and that the opposing party propose additional
`search terms and any additional proposed custodians by December 15. Please let us know if this works for CSC?
`
`3. We noticed that your document production did not include source code for CSC Go or CSCPay Mobile. We
`would like to discuss the logistics for inspecting your code. PayRange will make its source code available as well.
`Please let us know if you’d like to discuss.
`
`
`Best regards,
`
`3
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`Case 1:23-cv-00278-MN Document 46-1 Filed 12/21/23 Page 5 of 5 PageID #: 983
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`
`
`Ryan Smith
`Wilson Sonsini
`Cell: 650.269.0822
`Email: rsmith@wsgr.com
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`4
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