Free Order - District Court of Delaware - Delaware

Case 1 :04-cv-01338-JJF Document 997 Filed 04/16/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
HONEYWELL INTERNATIONAL INC.
and HONEYWELL [NTELLECTUAL
PROPERTIES, INC.,
Plaintiffs, C.A. No. 04-1338-IJF
v. CONSOLIDATED CASE
APPLE COMPUTER, INC., et al.,
Defendants.
, Order Re April 2, 2008 Status Conference
WHEREAS certain defendantsl (hereinafter "affected defendants") contend they should
be dismissed from this suit because the suppliers of LCD modules for their accused products
have all been licensed under the patent—in-suit (or such suppliers have otherwise settled with
plaintiffs in a manner that precludes liability of the affected defendants); and
WHEREAS the Court stayed this suit with respect to the affected defendants early in the
litigation at their request, and plaintiffs contend that they require limited discovery to verify the
assertions of the affected defendants in order to ensure a complete record for the orderly and fair
management of the case; and
I The following defendants have, to date, requested that they be allowed to participate in the
proceedings to be conducted by the Special Master in accord with this Order: Apple Computer
Inc.; Audiovox Communications; Dell; Eastman Kodak; Hartford Computer Group, Inc.;
Navman; Nikon Corp. & Nikon Inc.; Olympus Corp & Olympus America Inc.; Pentax (now
Hoya); Sony; and Sony Ericcson Mobile Communications AB & Sony Ericcson Mobile
Communications USA Inc., Other defendants are completing their review of materials and will
advise the Court as soon as possible whether they desire to join the proceedings being conducted
by the Special Master in accord with this Order.

Case 1 :04-cv—O1338-JJF Document 997 Filed O4/16/2008 Page 2 of 2
WHEREAS plaintiffs invited the remaining LCD suppliers in suit ("Manufacturer
Defendants") to join in these proceedings, who are currently reserving their right to participate in
these proceedings;
NOW THEREFORE, in light of the foregoing contentions (hereinafter "the parties’
contentions"), it is hereby ORDERED:
Judge Vincent J. Poppiti is hereby appointed as a Special Master and is authorized to
work up to 20 hours to address the parties’ contentions and determine whether any or all of the
stayed defendants should be dismissed, and if so, under what terms and conditions.2 This period
of time may be extended by agreement of the plaintiffs and the affected defendants.
Alternatively, any of these parties may request the Court do so for good cause. Plaintiffs shall be
responsible for one-half of the payment for the Special Master’s time and the affected defendants
shall be responsible for payment of the other half. The Special Master shall issue a report and
recommendation on or before August ll, 2008, regarding the parties’ contentions that remain
unresolved. To the extent that Plaintiffs and any of the affected defendants resolve the
contentions between them before the Special Master’s report and recommendation, the Plaintiffs
and the affected defendant(s) shall report that fact to the Court.
SO ORDERED this h, day of gk Q , 2008.
UN STA ES TRICT J UD ‘
2 The proceedings with the Special Master, however, shall not resolve discovery issues unrelated to the licensing
dispute (e. g., discovery concerning alleged secondary considerations).