Case 1:04-cv JJF Document Filed 03/19/2008 Page 1 of 7 EXHIBIT A

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1 Case :0-cv-0-JJF Document - Filed 0//00 Page of EXHIBIT A

2 Case :0-cv-0-JJF Document - Filed 0//00 Page of IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA BEFORE THE HONORABLE JAMES C. EMERSON, JUDGE DEPARTMENT ---O0O--- ) EASTMAN KODAK COMPANY, ) Plaintiffs,) )) 0 vs. ) CASE NO.-0-CV-0 ) SPEASL, ) )) Defendants.) / ---O0O--- REPORTER'S TRANSCRIPT OF PROCEEDINGS MARCH TH, 00 0 A P P E A R A N C E S: FOR THE PLAINTIFFS: FOR THE DEFENDANTS: OFFICIAL COURT REPORTER: MICHAEL SUMMERSGILL AARON JACOBS RANDAL EDWARDS JAMES MOORE BECKY THORNTON ALICIA PLANCARTE CSR#

3 Case :0-cv-0-JJF Document - Filed 0//00 Page of SAN JOSE, CALIFORNIA MARCH TH, 00 P R O C E E D I N G S 0 0 THE COURT: Line Kodak versus Speasl. MR. SUMMERSGILL: Good morning, your Honor. Michael Summersgill and Aaron Jacobs on behalf of Kodak, Mirage, Moussally and Ford. MR. EDWARDS: Good morning, your Honor. Randal Edwards on behalf of Marc Roberts, Jerry Speasl, Mat Chikosky. MS. THORNTON: Good morning, your Honor. Becky Thornton on behalf of St. Clair Intellectual Property Consultants. MR. MOORE: Good morning, your Honor. James Moore, local counsel for defendant St. Clair. THE COURT: Good morning. What's the status of this case? MR. SUMMERSGILL: Your Honor, this is a dispute over the ownership of patents. It was mediated on January th. We reached an agreement to settle it and sign a memorandum of understanding with the intent that we would then negotiate a full settlement agreements. We've been working on that. We are not there yet. We think that Kodak, Mirage, Ford and Moussally would like this case to remain open in case the settlement falls apart. And we need to come back and either litigate the terms of the MOU or ownership.

4 Case :0-cv-0-JJF Document - Filed 0//00 Page of 0 0 THE COURT: Was this the case that was assigned to trial to Judge Kleinberg? MR. SUMMERSGILL: Yes, your Honor. MR. EDWARDS: Yes, your Honor. MS. THORNTON: Yes, your Honor. THE COURT: And you went outside and resolved it on the eve of trial? MR. EDWARDS: Yes, your Honor. We mediated it in front of Magistrate Judge Infante. And as Mr. Summersgill indicated there's a memo of understanding that's actually agreed to be an enforceable agreement. The parties have been working on additional documentation, but we have an enforceable agreement at this point. THE COURT: All right. MR. SUMMERSGILL: And if I can just address the enforceable agreement. We agreed that the memorandum of understanding is enforceable, but it's the whole memorandum of understanding that's enforceable. Some of the terms that are fundamental to Kodak and Mirage are -- have not yet been agreed to by the other side so we need more time to kind of work this. THE COURT: How much time do you need? MR. SUMMERSGILL: I'd like to try and keep it moving along. I guess I would suggest 0 days. THE COURT: Is that too short? Little happens in 0 days. I'm glad to do it 0 days, but

5 Case :0-cv-0-JJF Document - Filed 0//00 Page of 0 0 that's just been my experience. MR. SUMMERSGILL: I -- we had an all day marathon negotiation session yesterday. I think we are making some progress. I'd like to keep the pressure on both sides. THE COURT: Okay. Fair enough. MS. THORNTON: Your Honor, I just -- I represent St. Clair. And the distinction here is that we do have a memorandum of understanding. We do have a binding agreement. And so St. Clair believes this matter should be dismissed. If there's a dispute about the memorandum of understanding for additional terms that were negotiated -- THE COURT: Well, we are not going to do that on this calendar. I invite you to file any motions. I don't know if I should do this, but I invite you to file any motions that are appropriate. I'll certainly review those. MS. THORNTON: Thank you, your Honor. THE COURT: So let's keep it on a fast track, I like that idea. And I would encourage you to continue to work hard on this case as I know you have. April 0th at ten o'clock? MR. EDWARDS: Your Honor, if we could move it one week. I'm actually scheduled to be out of the country that week. THE COURT: Sure. th, is that acceptable? MR. SUMMERSGILL: Yes, it is.

6 Case :0-cv-0-JJF Document - Filed 0//00 Page of THE COURT: All right. That will be the order. 0 MR. MOORE: Also, your Honor, just point of information, do you require local counsel to appear at all hearings or is lead counsel -- THE COURT: You know, we get a lot of appearances on Court Call. This is pretty much is exactly what it says, a status hearing calendar. If someone has the power to report that's fine with me. MR. MOORE: Okay. Thank you. THE COURT: Thank you all. MR. SUMMERSGILL: Thank you, your Honor. (Whereupon, the proceedings concluded.) 0

7 Case :0-cv-0-JJF Document - Filed 0//00 Page of STATE OF CALIFORNIA ) ) COUNTY OF SANTA CLARA ) 0 I, Alicia Plancarte, Certified Shorthand Reporter, do hereby certify: That I am the reporter, duly appointed and sworn, who reported the above and foregoing proceedings at the time and place therein stated; That I reported the said proceedings; and that the foregoing pages are a full, true, complete and correct transcript of my shorthand notes taken at said time and place to the best of my ability. I further certify that I have complied with CCP (A) () in that all personal juror identifying information has been redacted, if applicable. DATED: This day of, 00 0 ALICIA PLANCARTE CERTIFIED SHORTHAND REPORTER NO.