Free Letter - District Court of Delaware - Delaware

Case 1:04-cv—01373-KAJ Document 110-2 Filed 01/11/2006 Page 1 013
EXHIBIT A

Case 1 :04-cv-01373-KAJ Document 110-2 Filed 01/11/2006 Page 2 of 3
WILMER CUTLER PICKERING
AND DORRtw
December 27, 2005 S. Calvin Walden
_ 399 PARK AVENUE
By E‘Mall New Yoak. NY lOO22
tl nz 937 ms
David R. Brightman, Esq. +* 2*2 23°¤88§1¤><
Ropes & may [email protected]
525 University Avenue
Palo Alto, CA 94301
Re: Ampex Cogporation v. Eastman Kodak Company, et al
Dear David:
This letter is sent to address various outstanding discovery issues discussed in your letters
of December 6, 13, and 16, 2005, as well as last week’s inspection of Kodak’s electronic
documents in New York.
Ampex’s 30(b)(6) Notice
We are still working with our client to determine witnesses and dates in response to
Ampex’s 30(b)(6) notice. We expect to provide dates in mid-January by the end of this week or
early next week.
Inspection of Kodak’s Documents
We understand that, on Friday December 23, Ampex concluded the inspection of the 4
technical "hard drives" (three from the Chino City inspection, and one additional covering the
newer cameras), as well as the "marketing" sewers in Lotus Notes databases. We have agreed to
hold a conference-call in early January to discuss any follow-up inspection that Ampex may
request of these electronic documents. Tomorrow we will be producing copies (in TIFF-image
format) of those documents that your team printed out last week during the inspection. We are
also working with the Skyline vendors to produce the remainder of the documents that were
marked for later production. We understand that the technical documents should be given
priority given the upcoming depositions in Japan on January 17-20. Skyline will be billing your
firm directly for the copy costs.
You assert in your December 13, 2005 letter that the inspection which took place last
week was not expected to cover Ampex document request nos. 20, 21, 22, 27, 28, 29, 30, 38, 39,
40, 4l, 59, 60, 61, 62, 63, 65 and 66. We hope that, after your team was able to actually inspect
the electronic documents we made available (as well as the 13,000+ page production we made a
few weeks ago), you would agree that we have produced a significant amount of documentation
in response to request nos. 27, 28, and 38-40. ln addition, we have either produced, or scheduled
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Case 1 :04-cv-01373-KAJ Document 110-2 Filed 01/11/2006 Page 3 of 3
David Brightman, Esq.
December 27, 2005
Page 2
on a privilege log, documents in response to request nos. 59-63. We expect to make a production
of additional documents responsive to request nos. 20-22, 29-30, 41, and 65-66 by January 6,
2006, and will also let you know at that time the status of any further collection, review and
production regarding these requests.
Your assertion in your December 13, 2005 that "Ampex will move to strike any
document that Kodak intends to rely upon at trial that is responsive to [requests nos. 27, 28, and
61-63] and was not actually produced but instead only made available for inspection" is
misguided. Documents made available for inspection and copying are produced under Fed. R.
Civ. P. 34. We have not limited Ampex’s right to have copies made of any documents that were
made available in the inspection. Thus, the entirety of the inspection materials, along with the
other materials separately produced to Ampex, constitutes Kodak’s production. We of course
reserve the right to supplement our production as discovery proceeds and new documents are
uncovered.
Document Request No. 23 to Kodak
We can agree to produce correspondence that refers substantively to the ‘ 107 and/or ‘831
patent by January 13, 2006.
Document Request Nos. 46 and 47 to Kodak
As we have informed you previously, at the end of the year it is difficult to get "numbers"
from our client. We are thus still determining an answer to your inquiry as to how Kodak
accounts for sales of paper and ink for its printer docks. We will also be getting you Q3 numbers
shortly after the new year, and Q4 numbers when they become available.
Production of Remaining Source Code
We are collecting from Altek the source code for the CD40, CX4200, CX4210, CX423 O,
CX43 00 and CX43 10 cameras, and expect to produce it shortly. I am still waiting for word back
on my enquiry as to whether Kodak has, and can produce, a copy of the source code for the C340
camera.
Very truly yours
@42/L
S. Calvin Walden
cc: Norman Beamer, Esq.
Jesse Jenner, Esq.
Jack B. Blumenfeld, Esq.
Paul M. Lukof1Q Esq.