Free Letter - District Court of Delaware - Delaware

Case 1 :04-cv-01373-KAJ Document 137 Filed 01/27/2006 Page 1 of 2
PRICKETT, JONES & ELLIOTT
A PROFESSIONAL ASSOCIATION
1310 KING STREET, Box 1328
WILMINGTON, DELAWARE 19899
TEL: (302) 888-6500
FAX: (302) 658-8111
http: / / www.prickett.com
Writer's Direct Dial: (302) 888-6520
W/riter's Telecopy Number: (302) 888-6331
Wrirer's E-Mail Address: [email protected]
January 27, 2006
VIA EMAIL AND HAND DELIVERY
The Honorable Kent A. Jordan
United States District Court
844 King Street
Wilmington, DE 19801
Re: Ampex Corporation v. Eastman Kodak Company, et al.
C. A. N0. 04-1373 KAJ
Dear Judge J ordan:
Eastman Kodak Company submits this letter to the Court to report on the issue of the
production of Kodak licenses that was addressed during the parties' joint discovery telephone
conference on January 12, 2006. As you will recall, Kodak has taken the position that, in the
absence of a Court Order, it needs permission from its licensing partners before producing
licenses responsive to Ampex's document request because of confidentiality provisions in the
licenses themselves. At the January 12 teleconference, Your Honor directed that Kodak again
contact its partners and inform them that if permission was not granted by any particular entities
by January 27 (today), then the Court would issue an Order compelling Kodak to produce the
licenses relating to those particular entities.
At the time of the January 12 teleconference, there were 22 licensing partners from which
Kodak had been seeking permision, but in which permission had not yet been granted. In the
interim two weeks, significant progress has been made in obtaining permissions and producing
licenses, and there are presently only 4 entities remaining who have not granted permission.
These entities are:
Ability Enterprise Co., Ltd.
Asia Optical Company
Alfred B. Levine
Skanhex Teclmology Inc.
Three of these entities (with the exception of Alfred B. Levine) have asked for additional
time to consider whether to grant permission (these companies are each based in Asia). Kodak
thus requests that it be granted an additional 10 days (until February 6) to attempt to secure
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Case 1 :04-cv—O1373-KAJ Document 137 Filed O1/27/2006 Page 2 of 2
The Honorable Kent A. Jordan
January 27, 2006
Page 2
permissions from these remaining four entities. Ampex does not oppose this request. Ampex
has indicated that it is willing to give the parties concerned an additional 10 days to reach
agreement, but would like an Order requiring Defendants to produce the remaining documents
absent agreement by then. Kodak does not believe an Order is necessary.
Resp?ully submitted, f ‘
PAUL M. LUKOFF
PML/mhl
cc: Jack B. Blumenfeld, Esquire (Via Etiling)
Norman H. Beamer, Esquire (Via E-Mail & FedEx)
Jesse J. Jenner, Esquire (Via E-Mail)
S. Calvin Walden, Esquire (Via Email)
Michael J. Summersgill, Esquire (Via Email)
Jordan L. Hirsch, Esquire (Via Email)
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