Free Status Report - District Court of Delaware - Delaware

Case 1 :07-cv—00224-GIVIS Document 41 Filed 01/31 /2008 Page 1 of 4
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WILMINGTON, DELAWARE |9899
January 31, 2008
The Honorable Mary Pat Thynge VL4 ELECTRONIC FILING
United States District Court
844 King Street
Wilmington, Delaware 19801
Re: Alma Lasers, Ltd and Alma Lasers, Inc. v. T hermage, Inc.
C.A. No. 07-224-***
Dear Judge Thynge:
In anticipation of the status conference scheduled for Thursday, February 7, 2008 at
10:30 a.m. EST, and pursuant to paragraph 7 of the August 16, 2007 Scheduling Order (D.I. 24),
the parties submit this joint interim status report.
In short, the parties are in the midst of fact discovery. Several issues have arisen that are
still being discussed by the parties, but may require the Court's assistance to resolve in the near
future. These are listed below.
Background
Alma Lasers, Ltd. and Alma Lasers, Inc. ("Alma") filed this action for declaratory
judgment on April 26, 2007, naming Thermage, Inc. ("Thermage") as the sole defendant. (D.I.
1). Alma's Complaint seeks a declaration of non-infringement with respect to Alma's "Accent"
product and invalidity of 9 Thermage patents. Thermage answered and counterclaimed for
infringement on June 20, 2007. Thermage counterclaimed for infringement of 8 of the 9 patents
forming Alma's Complaint and 2 additional patents.1 (D.l. 8). Newly-issued U.S. Patent No.
7,267,625 was added by Amended Answer and Counterclaims on December 10, 2007. (D.I. 36).
There are now 11 patents-in-suit involving three Alma products: Alma's Accent, Accent XL and
Harmony products.
I Thermage does not assert infringement of U.S. Patent No. 5,919,219. The parties agree that the '2l9 patent is not
in suit.

Case 1 :07-cv—00224-GIVIS Document 41 Filed 01/31/2008 Page 2 of 4
The Honorable Mary Pat Thynge
January 31, 2008
Page 2
Progress of Discovegy
Pursuant to Paragraph 3i of the Scheduling Order, initial discovery of the Harmony
product was limited to user and installation manuals, operator manuals and similar types of
materials for Thermage to determine if full discovery of the Harmony product was appropriate.
Thermage contends that it is entitled to full discovery on the Harmony product.
Paragraph 1 1a.(l) of the Scheduling Order required Thermage to limit the number of
asserted claims to no more than 167 claims by December 31, 2007. Thermage did so in early
September.
Also pursuant to the Scheduling Order, the parties exchanged Initial Disclosure
Statements on August 13, 2007.
In addition, the parties have exchanged discovery requests and responses thereto.
Thermage has served a total of 38 interrogatories on Alma on two separate occasions: The first
set (Nos. 1-36) on August 8, 2007, and the second set (Nos. 37-38) on October 2, 2007 (to
include invalidity contention interrogatories for U.S. Patent Nos. 7,229,436 and 7,189,230).
Alma served written responses to the first set on September 17, 2007, and to the second set on
November 1, 2007, with supplemental responses to both sets on December 21, 2007. To date,
Alma has also produced 12,517 pages of documents.
Alma served 13 interrogatories on Thermage on August 9, 2007. Thermage answered on
September 17, 2007. Supplemental responses with respect to Interrogatory Nos. 1 and 2 were
provided on October 26, 2007 and January 17, 2008. Alma also served doctmrent requests on
Thermage on August 9, 2007. To date, Thermage has produced 110,628 pages of documents.
Thermage served a 30(b)(6) deposition notice on Alma on January 16, 2008, proposing
the week of February 18, 2008, to hold 30(b)(6) depositions. Thermage wanted to conduct these
depositions before its second round claim reduction is due on March 3, 2008, a deadline in the
Scheduling Order. However, Alma responded on January 22, 2008, by proposing that the
depositions take place in late March or early April, which is when the three witnesses from Israel
who will testify on Alma’s behalf are available to travel to the United States. Alma also insisted
that Thermage complete its personal depositions of these witnesses at the same time.
For its part, Alma has inquired about individual depositions for two of the named
inventors on the patents—in-suit, suggesting that these depositions also proceed during the March
or April time Hame. Thermage is checking the availability of those two witnesses.

Case 1 :07-cv—00224-GIVIS Document 41 Filed 01/31/2008 Page 3 of 4
The Honorable Mary Pat Thynge
January 31, 2008
Page 3
Thermage's Discovegy Issues
Thermage lists the following issues for informational purposes. lf necessary, Thermage
plans to raise them formally in the near future in accordance with the discovery dispute
procedure of Paragraph 3f of the Scheduling Order.
l. Production by Alma of non-infringement claim charts in response to
Interrogatories Nos. 5-24.
2. Production by Alma of financial documents relating to issues concerning alleged
damages.
3. A response by Alma to Interrogatory No. 3 and production of documents relating
to the Harmony product.
4. Production of documents related to tissue effect studies conducted by or for Alma.
5. Production of documents related to Alma's patent prosecution.
Alma’s Discoveg Issues
Alma lists the following issues for informational purposes. lf necessary, Alma plans to
raise them formally in the near future in accordance with the discovery dispute procedure of
Paragraph 3f of the Scheduling Order.
1. A response by Thermage to Interrogatory No. l regarding the date of conception
of the Knowlton and Stern patents and the production of documents thereof.
2. Production of documents authored or reviewed by Paul Davis as well as
documents which concern, relate, or reflect upon statements made by Mr. Davis in his
declaration in the Syneron case.
3. A supplemental response by Thermage to Interrogatory No. 3 providing detailed
infringement contentions.

Case 1 :07-cv—00224-GIVIS Document 41 Filed 01/31/2008 Page 4 of 4
The Honorable Mary Pat Thynge
January 31, 2008
Page 4
Settlement/Mediation
Alma is amenable to a mediation to assist in resolving this case. Thermage is likewise
amenable to mediation.
Respectfully,
/s/ John G. Day
John G. Day
cc: J. Robert Chambers, Esq. (via email)
P. Andrew Blatt, Esq. (via email)
Hugh A. Abrams, Esq. (via email)
Constantine Koutsoubas, Esq. (via email)
Karen Pascale, Esq. (via email and hand delivery)
Marlee Jansen, Esq. (via email)
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