Free Answering Brief in Opposition - District Court of Delaware - Delaware

· Case 1 :04-cv—01231-SLR Document 90-6 Filed 07/11/2005 Page1 013
EXHIBIT E

‘ — Case 1 :04-cv—O1231-SLR Document 90-6 Filed 07/11/2005 Page 2 of 3
James M. Lennon

From: Sibley Reppert {[email protected]] _
Sent: Friday, June D3, 2005 10:54 AM
T0: James M. Lennon
‘Sub}c»ct: Re: Discovery issues
Deer Jim:
We were going to propose Gume 13 fc; your inspection, sc ihat date is fine with us.
We are requesting a bid from Ixcn Mountain tc act as escrow egenz and shcu;d have it for
yeu shortly (the cost is 20 be shared under the Ccu;t‘$ "default standard" . Redianse is
ready to-provide a compute: with the source code cn it to the escxcw egena, so it should
be available for you and Versus's experts tm access late: next week assuming there is
agreement cn the escrow agent.
Radiense should be done today pulling and copying the requested documents, and I piem tc
review them and have them numbered/copied by mid~week. I assume you went ccpiee of ai;
documents and do not want to inspect them here.
I em on vacation July 9~l6 and also have discovery to deal with in other cases in July, S0
I*d like to get going 0m our deps in the East week ci Qune and during July 5-7. You can
schedule yours latex to give yourselves time to review 0ux docs. I intend to subpoena
Heller, and may take e 30b6 of Versue (I'}; see if 1i’s necessary efter taking Gary'$
dep). when is Gary available, and do you have any problems with the above dates for deps?
Also, d0m't forget we are awaiting any additional documents Versus may have regarding ihe
negotiation end drafting of the Versus/PT?M iicenee agreement, es I previously xequeezee.
Regards,
Sib
>>> "Jemes M. Lenm0n" 06/O1/G5 @5:409M >>>
Dear Bib:
in response to your message proposing e date for the deposition cf Gary Geissex, we
believe it is appropriate for depositions to gc forward when the substantive document
production is generally complete, which is not the case with RedLemse’s document
production. In the interest of advancing discovery however, we will agree to schedule
depositions of Rediense and Versus witnesses for the month of July, but we expect Redianse
to promptly and properly supplement its document production, end, in any event, before the
June 21st discovery status conference.
We propose than the C©urt·0xdexed inspection of che Radiemse Z?S pxoduct occur et
Red1ense‘e feciiity 0: Monday, June 13. In addition, we have act had any response ircm
ycu after the Court essentially ordered Rediecee ze make en electronic versicn ci Redienee
scarce codes available. We need you; xespcmee and position, enc expect the source cede tc
be made eveilebie immediately.
In the assumption that we will shortly obtain your dccumenz pxccucticn, we wiLi propose
Gepesiticn dates in Jxly for Michael Dempsey, ?eui Tessiex and e 30bé depc2it;c: tc be
noticed. En the meantime, E w;ll check when Mx. Geissez can be eveileb;e La July.
SimcexeLy,
Jim Lennon
Cenncily Ecve Lodge & Quiz LL?
QSO? Nexth Orange Streez
P.G. Bax ZQCT
1

- Case 1 :04-cv-01231-SLR Document 90-6 Filed 07/11/2005 Page 3 013
wxirmzmgten, DE 19899
Sixect: (302}.252-4228 _
Fax: (352) 658-5614
2