1
                IN THE COURT OF COMMON PLEAS
                    COUNTY OF SUMMIT
     
     TELXON CORPORATION,
                 Plaintiff,           Case No.
          v.                         CV 98 124664
     SMART MEDIA OF DELAWARE, INC.,
     et al.,
                 Defendants.
     
                        - - - - -
                 Videotape deposition of JOHN F.
     BURKE, Ph.D., called for examination under the
     
     statute, taken before me, Renee L. Pellegrino,
     
     Registered Professional Reporter in and for the
     
     State of Ohio, by agreement of counsel, at 2916
     
     Fairmount Boulevard, Cleveland Heights, Ohio,
     
     on Monday, September 8, 2003, at 7:48 p.m.
     
                        - - - - -

                                                                     2
 1   APPEARANCES:
 2   
 3        On behalf of the Plaintiff:
 4               Goodman, Weiss & Miller, by
 5               STEVEN J. MILLER, ESQ.
 6               KAREN WANCATA, ESQ.
 7               Erieview Tower, 27th Floor
 8               1301 East Ninth Street
 9               Cleveland, Ohio  44114-1882
10               (216) 696-3366.
11   
12        On behalf of Defendant/Counterclaimant
13        William Dupre:
14               Keller & Kehoe, by
15               ROBERT D. KEHOE, ESQ.
16               900 Baker Building
17               1940 East Sixth Street
18               Cleveland, Ohio  44114-2210
19               (216) 621-1500.
20   
21   ALSO PRESENT:
22               Robert M. Brlas, Deloitte & Touche
23               Kurt Henschel,
24                    ******** Reporting Services
25                         - - - -

                                                                     3
 1               THE VIDEOGRAPHER:  The time is
 2   7:48.  The date is September 8th, 2003.
 3               Court reporter, would you
 4   please swear in the witness?
 5               JOHN F. BURKE, Ph.D., of lawful
 6   age, called for examination, provided by the
 7   statute, being first duly sworn, as hereinafter
 8   certified, said as follows:
 9         EXAMINATION OF JOHN F. BURKE, Ph.D.
10   BY MR. MILLER:
11         Q.    Good evening, Dr. Burke.  How
12   are you?
13         A.    Good evening, Mr. Miller.  How are
14   you tonight?
15         Q.    I'm good.  Thank you.
16               W