Free Redacted Document - District Court of Delaware - Delaware

Case 1:04-cv-00418-SLR Document 125 Filed 08/11/2005 Page 1 of 2
Monnrs, N1c1—10Ls, ARSHT & TUNNELL
NORTH MARKET STREET
P.O. Box 1347
WILMINGTON, DELAWARE 19899-1347
302 658 9200
.IAcK B BLUMENFELD FAX
302 575 7291 REDACTED PUBLIC VERSION
302 425 3012 FAx
[email protected]
August 9, 2005
BY ELECTRONIC FILING
The Honorable Sue L. Robinson
United States District Court
844 N. King Street
Wilmington, DE 19801
Re: Seagate Technology LLC v. Comice, Inc.; C.A. 04-418 (SLR)
Dear Chief Judge Robinson:
This letter is in response to the August 3 letter of Seagate Technology LLC
("Seagate") requesting an order compelling production of information relating to future products
of Defendant Comice, Inc. ("Comice").
Although Seagate has known that Comice was developing 4.0 gigabyte products
since at least December 2004, it waited until six weeks before the June 30 discovery cutoff to
raise the issue with this Court at the May ll discovery conference. At that conference, as well as
the one held on June 28, the Court stated that future products would not be subject to discovery
in this case unless those products were "in the market" and could be tested for infringement by
June 30.
None of the evidence proffered by Seagate satisfies the Court's standards for
inclusion of these products in this case. Indeed, the very fact that Seagate cannot obtain what it
wants on the open market (even now, more than a month after the June 30 discovery cutoff,
which the Court ruled would remain in place) proves this point. Therefore, Comice's future
products were clearly not "in the market" by June 30, nor has Seagate been able to "test [them]
for infringement" as required under this Court’s rulings and its own obligations before making an
accusation of infringement. The vast majority of Seagate's letter addresses advertising and
promotional activities aimed at generating interest in upcoming products. However, these
activities are irrelevant when determining whether a product is actually "inthe market" such that
it can be "tested for infringement."

Case 1:04-cv-00418-SLR Document 125 Filed 08/11/2005 Page 2 of 2
The Honorable Sue L. Robinson
August 9, 2005
Page 2
The Facts Regarding Cornice's Future Products
Comice's current commercial product (the only one "in the market") is a 3.0
gigabyte design referred to intemally as "Wind."
REDACTED
Comice therefore submits that the Court deny Seagate's request.
Respectfully,
/s/ Jack B. Blumenfeld (#1014)
Jack B. Bltunenfeld
JBB/bls
cc: Peter T. Dalleo, Clerk (By Hand)
Timothy Devlin, Esquire (By Hand)
Brian R. Nester, Esquire (By Federal Express)
David C. Radulescu, Esquire (By Federal Express)

Case 1:04-cv-00418-SLR

Document 125

Filed 08/11/2005

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Case 1:04-cv-00418-SLR

Document 125

Filed 08/11/2005

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