Free Letter - District Court of Delaware - Delaware

Case 1 :04-cv-01338-JJF Document 806 Filed 05/14/2007 Page 1 of 2
Youuc CoNAwAv STARGATT & TAYLOR, LLP
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KAREN L. P-ASC-\l-E Wrrxrrxoron, DEL.¤tw.-xRE 19801 (302) ¤71-6600
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May 14, 2007
BY E—FILING
The Honorable Mary Pat Thynge
United States District Court
844 King Street
Wilmington, DE 19801
Re: Honeywell International [nc., ei al v, Apple C0mpu1‘er Inc., et al.
C.A. Nos. 04-1337, -1338, and -1536-*** (Consolidated)
Dear Judge Thynge:
On behalf of the Manufacturer Defendants, I write to recapitulate the items that we
anticipate will be addressed during the telephone conference which has been scheduled for 11:00
a.rn. on Thursday, May 17, 2007:
(1) Fuji’s April 10, 2007 letter motion for an order compelling production from
Honeywell of a clawed-back document related to a then-proposed license on the patent—in-suit to
a third party and related documents referring to valuation of the patent—in-suit ("Fuji discovery
dispute no. l") (D.I. 763);
(2) Fuji’s April 10, 2007 letter motion for an order compelling production from
Honeywell of a clawed-back document and data, documents, and things related to "teardowns"
(i.e., dismantling of products) performed by Honeywell (D.l. 764) ("Fuji discovery dispute no.
2T?);l
· (3) Optrex’s April 10, 2007 letter motion for an orderenngpelling certain discovery from
Honeywell relating to Honeywe1l’s "1ritrate" (D.l. 765); and Z r
(4) Honeywell’s May 9, 2007 letter motion for an order compelling additional deposition
time with Hitachi and seeking a judicial declaration regarding res jzzdicata (D.l. 801).2
I In connection with this motion, Fuji expects Honeywell, if it has not already done so, to submit to Your Honor a
copy of the clawed—bacl< document — which Honeywell insisted be destroyed by the Defendants — for in camera
review.
2 Although Honeywell’s May 9, 2007 letter motion was tiled after the Court issued its Order setting the May 17
telephone conference (D.I. 785, filed on April 27, 2007), the April 27 Order did reference "discovery disputes
between Honeywell and Optrex, Hitachi, and Fuji" (emphasis added), and therefore the Manufacturer Defendants
assume that this dispute is on the agenda as well.
DE02;5975273.1 0650041001

Case 1:04-cv—01338-JJF Document 806 Filed 05/14/2007 Page 2 of 2
YOUNG CONAWAY STARGATT & TAYLOR, LLP
The Honorable Mary Pat Thynge
May 14, 2007
Page 2
In addition, we would like to take the opportunity on the 17m to address an exigent issue
regarding extension of the original case schedule. As things stand, opening expert reports on
invalidity and rmenforceability may be due shortly, on June l, 2007, in view of Your Honor’s
advising on February 22, 2007 that you would grant at least a three-month extension of the
schedule set forth in Judge Jordan’s March 28, 2006 Scheduling Order. See 2/22/07 Tr. (D.I.
718) at 66. Still pending is Honeywell’s application to extend the schedule by six months.
Discovery is presently ongoing, with further depositions of Honeywell and of Defendants
scheduled in June 2007 and additional third party depositions expected within the same time
period, at least some of which may bear on the expert reports. As recently as last week, the
Manufacturer Defendants and Honeywell attempted, but failed, to reach a clear and definitive
agreement on an interim extension of the current case schedule pending Your Honor’s ruling on
Honeywvell’s application, although it appears that Honeywell does not object to extending the
schedule on an interim basis for at least one additional month.
Therefore, the Manufacturer Defendants respectfully request that the Court formally
extend the original schedule by four months. This is merely an interim request in light of the
impending deadlines, and could be effected without prejudice to any party’s position on
Honeywell’s outstanding application for a six-month extension.
Respectfully,
r J
Karen L. Pascale
Delaware Bar No. 2903
cc: Dr. Peter T. Dalleo, Clerk (by hand)
CM/ECP list (by e—fi1ing)
Thomas C. Grimm, Esquire (by hand)
Matthew L. Woods, Esquire (by e-mail)
Andrew M. Ollis, Esquire (by e—mail)
DB02:5975273.l 0650044001