Free Amended Complaint - District Court of California - California

Case 4:07-cv-03010-CW Document 31-3 Filed 08/28/2007 Page 1 of 3
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Case 4:07-cv-03010-CW Document 31 -3 Filed 08/28/2007 Page 2 of 3
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james Pooley
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VIA FACSIMILE (650) 802-3100
Jason Kipnis, Esq. »
Weil, Gotshall & Manges
201 Redwood Shores Parkway
Redwood Shores, CA 94065
Re: Q_ptovue Coryration (Carl Zeiss Meditec Demand)
Dear Jason:
Thank you for your letter of April ll, 2007 regarding Carl Zeiss and Optovue.
First, we are extremely concerned by your statement that Carl Zeiss ("CZ") has come into
possession of Optovue trade secret information. Dr. David Huang informs us that he deleted all
Optovue data that was on a CZ computer in Dr. Huang’s lab before it was retumed to CZ. Your
letter suggests that CZ has somehow resurrected deleted RTVue data, although you do not
provide us with the names of the specific iiles that CZ has obtained. Please immediately provide
the names of all individuals at CZ who have been exposed to this inforruation, as well as the files
they have been exposed to.
Moreover, as you are aware, Dr. Huang consults with both CZ and Optovue, and of
course his laboratory uses both eompanies’ products-—as well as those h·om other companies-in
testing technology. The question is not whether he worked with both companies’ soitware, but
whether CZ somehow misappropriated previously-deleted information owned by Optovue.
With respect to your question about Optovue’s provisional patent applications, there is no
conhdential CZ information in the *862 and ‘537 applications. As you will note in those
applications, Figures l and 2 depict the general prior art, including other companies’ products.
Figure 3 depicts a prior art CZ German product that is well known to those of skill in the field.
That is the only relationship between these applications and CZ. If you have some other factual
basis for suggesting that CZ information is contained in those applications, please let me lmow.

Case 4:07-cv-03010-CW Document 31 -3 Filed 08/28/2007 Page 3 of 3
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Jason Kipnis, Esq.
May 2, 2007
Page -2-
With respect to your question about Fourier domain technology, the technology is in the
public doma.in, and numerous papers have been published on the topic in the last decade. As I
informed Yar last November, nothing in Optovue’s Fourier domain product is based on work
done at CZ. In addition, we are informed that Tom Zhao’s only work on the technology while at
CZ was based on public domain sources, and in any event Mr. Zhao contributed nothing to
Optovue’s Fourier domain product.
As for your suggestion that the statement "Frorn the developers ofthe first OCT systems
in eye care" is deceptive," I am puzzled. Dr. Wei is-as you know-—the developer ofthe first
OCT system. Optovue’s marketing department is certainly permitted to point out this fact, and
nothing in the statement makes any reference to CZ or suggests any affiliation with CZ. If you
are aware of any case law supporting your contention that this is a false and deceptive statement,
please forward it to me.
Finally, you refer to an unidentiied piece of marketing material “provided to a
physician." Without more information, it is not possible for me to respond. Please forward a
copy of the document to which you are referring.
While we have since last November remained willing to discuss your concerns, your
April ll letter puts a new and very important issue on the table: CZ's possession of Optovue
trade secret information. I look forward to receiving the information 1 have requested, so that we
can determine appropriate next steps.
Very truly yours,
` \
w ' ooley
JP:kgo
cc: Jay Wei, President & CEO
Optovue Corporation
Internal Documents 4812-7774-4129.1

Case 4:07-cv-03010-CW

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