Free Remark - District Court of Delaware - Delaware

Case 1:04-cv-01199-SLR Document 458 Filed O9/12/2006 Paget of 2
E-Mail Request for Emergency Relief
1. Case Number:
2. Check the box that applies:
Requesting a teleconference with the parties and the court
mi, Requesting an in-person conference with the parties and the court
, _; Requesting either of the above listed options at the court's determination
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iOn Bi'23/06, SRI learned that IBM was acquiring ISS for $1.3 billion. The acquisition ‘
may be completed before trial of this case. While certainly discussions of this deal
went on for months, ISS failed to advise SRI or the Court. SRI immediately _
irequested that ISS supplement its discovery by producing all documents exchanged g
§among IBM, ISS, and third parties concerning this litigation, the accused products,
qand the valuation of ISS's and SR|’s technology. This information is directly relevant
gat least to secondary considerations of non-obviousness. SRI also requested an l
§updated privilege log and that ISS agree to postpone the deposition of its CEO until iti
Qproduced this discovery. ISS refused all requests. SRI requests ISS be compelled to Z
iproduce the requested information, that SRI be permitted to subpoena IBM, and that
§lSS produce its CEO for further deposition. ·
*Any added beyond the limits of this space will be disregarded by the court.
4. Name of opposing counsel contacted about this request: M A
5- R¢.Sp¤¤$¢ ¤f ¤.i>¤¤Sl¤g ¤¤¤¤S€l i¤ this requssir . . . . . . . .... ,
6. Name of local counsel making this request: igghn _I§._WljlWg_ivath M __i_' M y ,,,_, _ _
7. Today’s Date: jijfqiljltiiiciéii ``‘` f ‘`‘"‘`‘ _ i' ,
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For court use only: _
Given ISS's representation that “no documents were exchanged
between ISS and IBM concerning this litigation”, the timing of
this request after the close of discovery, and the attenuated
relevance of such information even if it did exist, SRI's request
gorlfgrther discovery related to IBM’s acquisition of ISS is
SITLZLS . _

Case 1:04-cv-01199-SLR Document 458 Filed O9/12/2006 Page 2 of 2
Opposing C0unsel‘s Response to E-Mail Request for Emergency Relief
1. Case Number:
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ISRI should not be permitted to reopen discovery 7 weeks before trial.
QThe announced acquisition of ISS by IBM has no relevance to the issues to be tried. I
IMoreover, the parties expressly agreed that ISS has no obligation to produce
idocuments created on or alter June 23, 2005. In any event, no documents were
iexchanged between ISS and IBM concerning this litigation. ISS's CEO, Tom I
;Noonan, sat for a full deposition on August 31 and answered any and all questions ;
idirected to him relating to the announced acquisition. There is no basis for SRI to f
ldepose him a second time.
I
I I
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3. Name of local counsel submitting this response: gggq
4- Tedeve Date:@ii;té_b¤Qt5;é.ijfiI`?D§§f`Q .`.`