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Appendix A: Independent Report Details

Continued from page 2

By Susan Rasky

May 16, 2005

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Not Verified (Con't)

REPORT: Race for the Ultimate Car Hacks
Researched by Krista Mahr

Between the dates of April 4 and April 7, 2005, I attempted to make contact with the five sources listed in the article. 

The source that writer Michelle Delio named as "Hobbit" was contacted at an email address provided by Delio. "Hobbit" responded but did not wish to participate in the investigation, and was not responsive to another attempt at contact.

Two sources mentioned in the article, Damien Stolarz and Raffi Krikorian, were both contacted by phone and both verified that they had been in contact with Delio by either phone or email. Both Stolarz and Krikorian also verified the truthfulness of their direct and indirect quotes throughout the article.

Two other sources cited in the article, Staten Island mechanic Steve Ferrello and attorney Mark Simnon, were not able to be located. Contact information for the sources was not provided by Delio, and searches to attempt to locate either individual did not prove fruitful. Searches were made on Steve Ferrello in Google, Zoom Info (a web-based search engine), and the general news indexes of Lexis Nexis. Searches were made on attorney Mark Simnon in Google, Zoom Info, martindale.com (an online database of lawyers), and general news and legal news searches of Lexis Nexis.

**

REPORT: Patently Open Source
Researched by Carrie Lozano

Bruce Sunstein: We spoke on the phone on 4/4/05. He said that his quotes were accurate and spoke highly of Michelle Delio. The article is posted on his web site.

Dr. Wise Young: Confirmed via email that his quotes were accurate and that he and Michelle Delio spoke when she reported the story.

Dr. John E. Kelly: I have contacted an IBM publicist via phone and email and haven't received a response about John E. Kelly's statement. However, a reading of the press release about IBM's patents pretty clearly indicates that his statement was composed (not quoted) from the release (the phrases are verbatim).

Adam Shapiro: A Yahoo search, Google search, yellow pages search, zoominfo. search, people finder search, New York attorney directory, LEXIS search turned up two NY attorneys named Adam Shapiro. I have also emailed a person of this name at the email address provided by Technology Review -- an obscure email service based in Melbourne Australia that offers both free and paid subscription addresses. He hasn't responded. I made it clear I wanted a phone conversation and that I wanted the name of his firm.

Bruce Sunstein does not know who Adam Shapiro is.

Adam L. Shapiro & Associates, P.C. (he's an injury lawyer): (CONTACT INFORMATION REMOVED). I tried to call him, but there was no answer and no voice mail.

Wachtell, Lipton, Rosen & Katz: Adam J. Shapiro (CONTACT INFORMATION REMOVED). April 11, 2005: I spoke with this Adam Shapiro. He was not the source -- says he knows nothing about patents or pharmaceutical industry.

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