Free Letter - District Court of Delaware - Delaware

Case 1:04-cv—O1373-KAJ Document 244 Filed O4/O3/2006 Page 1 of 1
Moknrs, NICHOLS, ARSHT & TUNNELL LLP
1201 NORTH MAEKET STREET
P.O. Box 1347
WILMINGTON, DELAWARE 19899-1347
302 658 9200
Jrxcx B. BLUMENFELD FAX
302 351 9291
202 425 2012 FAX April 3, 2006
jb1l1IH€HfC1d@IHh&I . com
BY ELECTRONIC FILING
The Honorable Kent A. Jordan
United States District Court
844 King Street
Wilmington, DE 19801
RE: Ampex v. Eastman Kodak, C.A. No. 04-1373-KAJ
Dear Judge Jordan:
I am writing on behalf of Ampex to bring to the Court’s attention certain
developments pertaining to Defendants’ pending Motion To Disqualify Eric Anderson As An
Expert Witness (D.I. 197). On March 27, 2006, alter Ampex had submitted its opposition to this
motion (D.I. 198), Defendants submitted an expert report from Richard Taylor (D.I. 233). In that
report, Mr. Taylor cites heavily and relies on Mr. Anders0n’s ITC expert report and expert
deposition testimony (taken before Mr. Anderson was disqualified there) (Taylor Report, 111] 38,
65, 72, 76, 81, 83, 84, 90, 95, 99, 106, 124, 130, 138, 153, 159, 163, 166, 167, 199).
Ampex believes that it is inconsistent for Defendants to seek to have Mr.
Anderson disqualified as an expert in this case, but at the same time to rely on his previous
expert testimony in their case-in-chief. Although Ampex opposes Defendants’ motion for the
reasons set forth in its opposition, at minimum, if this Court were to grant Defendants’ motion
even in part, it should permit Mr. Anderson to testify as a rebuttal witness in response to
Defendants’ reliance on his earlier expert testimony in this case.
Respectfitlly,
/s/ Jack B. Blumenfeld
Jack B. Blumenfeld (#1014)
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cc: Peter T. Dalleo. Clerk (By Hand)
Paul M. LukoffQ Esquire (By Hand)
Michael J. Summersgill, Esquire (By Fax)
Norman H. Beamer, Esquire (By Fax)