No. 97 CIV. 1529(CM)(MDF). July 28, 2000. Stephen B. Judlowe, Hopgood, Calimafde, Kalil Judlowe, L.L.P., New York, NY, for TM Patents. Christopher A. Hughes, Morgan Finnegan, L.L.P., New York, NY, for IBM. DECISION AND ORDER DISPOSING OF ALL PENDING MOTIONS McMAHON, District Judge. The various pending motions are disposed of as follows: 1. TM's motion for Leave to Rely on the Statement of Ethan Miller is granted, and IBM's cross-motion to strike the statement is denied. 2. IBM's motion for summary