Free Letter - District Court of Delaware - Delaware

Case 1:04-cv—00876-G|\/IS Document 51 Filed 12/13/2005 Page 1 of 2
MORRIS, NICHOLS, ARSHT 81 TITNNELL
NORTH MARKET STREET
P.O. Box 1347
WrLM1NcTON, DELAWARE 19899-1347
302 658 9200
.IAcx B. BLUMENFELD FAX
302 575 7291
302 425 3012 FAX
[email protected]
December 13, 2005
BY ELECTRONIC FILING
The Honorable Gregory M. Sleet
United States District Court
844 North King Street
Wilmington, DE 19801
Re: T elcordio Technologies, Inc. v. Cisco Systems, Inc.,
Civil Action No. 04-876-GMS
Dear Judge Sleet:
In preparation for the teleconference scheduled for December 15, 2005 at 11:30
a.m., the parties jointly submit the following items to be presented to the Court:
Defendant’s Issueszl
(1) On November 11, 2005, Telcordia served supplemental interrogatory
responses identifying five new asserted claims (in addition to the six claims asserted last May).
Then, on December 9, 2005, Telcordia served additional supplemental interrogatory responses
identifying over 50 new accused products. In light of the November 17 and December 8, 2005
deadlines for the exchange of disputed claim terms and proposed claim constructions, and the
remaining proceedings on claim construction that are about to occur, Cisco respectfully requests
an order striking Telcordia’s supplemental interrogatory responses as untimely pursuant to
Federal Rules of Civil Procedure 26 and 37.
(2) Telcordia has not yet produced its license agreements and offers to license
the patents-in-suit. Cisco respectfully requests an Order compelling immediate production of
these license agreements and offers to license.
I Because the present issues have ramifications in the parallel cases filed by Telcordia
against Alcatel and Lucent (C.A. Nos. 04-874-GMS and 04-875-GMS, respectively),
Alcatel and Lucent plan to attend the December 15, 2005 telephonic hearing.

Case 1:04-cv—00876-G|\/IS Document 51 Filed 12/13/2005 Page 2 of 2
The Honorable Gregory M. Sleet
December 13, 2005
Page 2
(3) Cisco has requested Telcordia’s agreement that (1) the three Defendants
may exchange Telcordia material designated as Confidential, so long as each party abides by its
confidentiality obligations and (2) all documents served in any of the actions will be served in all
three actions. Telcordia has declined both of these requests. Cisco respectfully requests an order
to that effect.
Plaintiff’ s Issues
A. Claim Construction Issue Common to All Cases
The defendants have not addressed Telcordia’s means-plus-function claims during
the claim construction process. Telcordia respectfully requests an Order compelling Cisco (and
the other defendants) to provide proposed claim constructions for all claims and claim terms
asserted by Telcordia prior to the November 17, 2005, deadline for exchanging disputed claim
terms.
B. The Timing and Content of Cisco’s Discovery Responses
(l) Telcordia respectfully requests an Order compelling Cisco to produce, by
a date certain, documents relevant to Telcordia’s infringement analysis including functional
specifications and schematics for Cisco’s Sky4302, Sky4402, DFRAC, DFRAC2, QFRAC, Surf-
9953, Super Carrera Packet over SONET, SRTS, DCU, SLFP, XTC, XTC2, XTC3, VXTCA,
VXTC2, and mADM chips.
(2) Telcordia respectfully requests an Order compelling Cisco to produce, by
a date certain, documents relevant to Telcordia’s damages analysis, including documents
showing dollar and unit sales for all Cisco products accused of infringement. Telcordia also
respectfully requests an Order compelling Cisco to answer, by a date certain, Telcordia
Interrogatory No. 2 to provide information relevant to Telcordia’s damages analysis.
Respectfully,
/s/ Jack B. Blumenfeld
Jack Blumenfeld
cc: Peter T. Dalleo, Clerk (By Hand)
Jolm G. Day, Esq. (By Hand)
Donald R. Dunner, Esq. (By Fax)
Josy W. Ingersoll, Esq. (By Hand)
Stuart J. Sinder, Esq. (By Fax)
John W. Shaw, Esq. (By Hand)
Steven C. Chemy, Esq. (By Fax)