Free Reply Brief - District Court of Delaware - Delaware


File Size: 88.8 kB
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Date: November 1, 2005
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State: Delaware
Category: District Court of Delaware
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Case 1:O4—cv—OO874-GI\/IS Document 58-2 Filed 11/O1/2005 Page1 0f3

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From: Don Burley
To: "[email protected]".lnternet.DOMGWlA
Date: 7/28/05 4:53PM
Subject: Re: Telcordia v. Alcatel
Stu,
Thank you for your email and letter of July 26. I was on travel and received them today when l returned to
the office.
Candidly, I don't understand why you're trying to tie a possible claim by Alcatel against Telcordia for patent
infringement to the due date for Alcatel's response to Telcordia's amended complaint. Any infringement
claim that Alcatel might have based on the Telcordia systems you've identified in your letter would be
unrelated to the subject matter of Telcordia's present case against Alcatel, and certainly not be a
compulsory counterclaim. Indeed, Telcordia would strongly oppose any attempt to make the claim a part
of the current case.
ln short, if Alcatel wants to bring an infringement suit against Telcordia based on Telcordia's performance
of the services you‘ve identified, that should not be done as a counterclaim in the present case, so it does
not need to be done by August 3. Rather, Alcatel should (if and when it concludes that Rule 11 has been
satisfied) file a separate lawsuit against Telcordia.
Also, l must admit to being taken aback at the extraordinary breadth of the requests for information in your
letter. You've complained about the breadth of our discovery requests, which have been made in the
context of a filed lawsuit, yet you appear to seek more information from us without even giving us proper
notice of infringement. Indeed, you've identified no Alcatel patent you believe even may have been
infringed by Telcordia, much less indicated why you've reached such a conclusion. Not surprisingly,
therefore, Telcordia is unwilling to provide you with any information at this time in response to your letter.
Finally, please note that I do not believe that you've yet replied to my letter to you of June 17. That letter
contains a number of requests for information, including a request for information that I had requested in
at least three earlier letters. Accordingly, I would appreciate a response to my letter as soon as possible.
lf you have any questions, please let me know.
With best regards,
Don
>>> “Sinder, Stuart" 07/26/05 04:21PM >>>
Don,
Please see the attached letter.
Regards,
Stu
Stuart J. Sinder
Kenyon & Kenyon
One Broadway
New York, NY 10004

Direct Dial: 212-908-6151
Facsimile: 212-425—5288

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