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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISON AIR MEASUREMENT TECHNOLOGIES, INC., et al., Plaintifis, v. CIVIL ACTION: $A-03-CA-0541-RF AKIN GUMP STRAUSS HAUER & FELD, LLP. Defendant. PLAINTIFFS’ STATEMENT OF CLAIMS Plaintiffs Air Measurement Technologies, Inc., North-South Corporation, and Louis Herbert Stumberg, Jr. (collectively *AMT”) submit this Statement of Claims to be used by the Court in conducting voir dire, in accordance with the Fourth Amended. Scheduling Order and Local Rule CV-16(e)(2) This is a legal malpractice case by the inventor and owner of several patents applied for through their attorney, Gary Hamilton, while he was a pariner at Defendant Akin, Gump, Strauss, Hauer & Feld, L.L.P. In 1989, Herb Stumberg and his partner Jim Fulton (who died in 2001) invented a safety system for firefighters which automatically activated upon opening of the air cylinder of their self-contained breathing apparatus (*SCBA”). The system, now universally adopted by the firefighting industry and required under National Fire Protection Association standards, includes a personal alert, safety system (“PASS”), which sounds an alarm when a firefighter has been immobile for PLAINTIRS' STATEMENT OF CLATMS ~Foge 1 fa predetermined period of time. The system may also include a remaining air time calculation and display, and a temperature measurement and display. In 1989, Mr. Stumberg and Mr. Fulton hired Gary Hamilton, a patent attorney, to protect their invention. Mr, Hamilton filed patent applications for Plaintiffs with the U.S. Patent and Trademark Office. Hamilton prepared the two most important of those patent applications in 1995 and 1997 while he was a partner in the law firm of Akin, Gump, Strauss, Hauer & Feld, LLP. Starting in 1995 manufacturers of fire protection equipment such as Scott Technologies, Mine Safety Appliances, and Draeger began selling devices embodying Plaintiffs’ invention, with total sales now approaching two billion dollars. Plaintiffs filed and settled patent infringement lawsuits against the manufacturers, but settled the suits for far less than full, fair value of the patents because of problems with the patents caused by Akin Gump. Plaintiffs are seeking damages to fairly compensate them for the loss caused by Akin Gump's negligent legal representation and breaches of its fiduciary duties to its clients. Dated: January 15, 2009 Respectfully submitted, ds!_Chris Kling CHRIS J. KLING State Bar No. 11573800 STORM LLP 901 Main Street, Suite 7100 Dallas, Texas 75202 ‘Telephone No.: (214) 347-4700 Faesimile No.: (214) 347-4799 Lead Counsel for Plaintiffs PLAINTIFRS" STATEMENT OF CLAIMS - Page? CERTIFICATE OF SERVICE Thereby certify that a true and correct copy of the foregoing has beon served in accordance with the Federal Rules of Civil Procedure to the following counsel of record on the 15" day of January, 2009: Douglas Dodds McGinnis, Lochridge & Kilgore, LLP 600 Congress Avenue, Suite 2100 Austin, Texas 78701 David Lopez Pulman, Cappuccio & Pullen LLP 2161 NW Military Hwy, Suite 400 San Antonio, Texas 78212 Chris J. Kling PLAINTIFFS" STATEMENT OF CLAIUS —Pege3