This declaration is, in effect, testimony given by John Cpaatty. It is, for the most part, self-explanatory.

The primary purpose of this declaration (the first of two declarations by Cpaatty) is to get across to the court that there was communication between the parties on November 1, 2004 (2 1/2 years before Big claimed first knowledge of Cpaatty and Small) and that, as a result, each of the parties knew what the other was doing at that particular time. This point was particularly important to Small in a general sense, but more immediately as a reason for the court to grant adequate time for discovery in the face of Big's claim that it had just learned of the so-called infringing use and would be irreparably damaged unless the matter was disposed of at the very earliest possible opportunity.


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