HILL et al. V. ANDERSON et al. V. SNITZER et al. - Page 60





         materials science (HR 221, $ 7 - the receipt "has my signature             
         thereon, and is the type of receipt I sent out in the ordinary             
         course of business when a manuscript was received"). Nothing               
         more is needed. Accordingly the receipt and paragraphs of the              
         declarations referring to such are admissible.                             
              Snitzer moves to exclude the May 1992 Cooperman letter and            
         references thereto (Attachment III to 2045 and portions of 204S)           
         as being hearsay. While the letter is highly relevant and                  
         corroborates Hill's testimony that Dr. Snitzer had requested that          
         the Hill manuscript be sent directly to Dr. Snitzer, the letter            
         is hearsay and Hill has failed to demonstrate that it falls under          
         a hearsay exception. Accordingly, the Cooperman May 1992 letter            
         is inadmissible. Snitzer also argues that paragraph 16 of 2045             
         is hearsay with respect to the May 1992 letter. Dr. Hill's                 
         testimony attesting to what the letter says or what it means has           
         not been considered. However, Dr. Hill's testimony that 1) he              
         received the letter from Cooperman; and 2) that Elias Snitzer had          
         requested that the manuscript be sent directly to him are                  
         admissible.                                                                
              Snitzer seeks to exclude the Hill manuscript (Attachment IV           
         to 2045) as containing hearsay. Hill relies on the manuscript to           
         demonstrate conception of the invention. Dr. Hill testified as             
         to the contents of the manuscript and that he and the other Hill           
         inventors conceived of the invention as demonstrated by the                


                                        60                                          







Page:  Previous  52  53  54  55  56  57  58  59  60  61  62  63  64  65  66  Next 

Last modified: November 3, 2007