Free Objections - District Court of Delaware - Delaware

Case 1:04-cv-00343-JJF

Document 785-7

Filed 09/17/2007

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EXHIBIT 6

Case 1:04-cv-00343-JJF

Document 785-7

Filed 09/17/2007 Teleconference

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Page 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE PHILLIPS, L.G., LCD CO., LTD, Plaintiffs,
) ) ) ) ) ) ) ) )

C.A. No. 04-343(JJF)

v. TATUNG CO., TATUNG COMPANY OF AMERICA, INC., and VIEWSONIC CORPORATION, Defendants.

Teleconference in above matter taken pursuant to notice before Renee A. Meyers, Registered Professional Reporter and Notary Public, in the law offices of BLANK ROME, LLP, 1201 North Market Street, Wilmington, Delaware, on Thursday, March 8, 2007, beginning at approximately 2:00 p.m., there being present: BEFORE: VINCENT J. POPPITI, SPECIAL MASTER

APPEARANCES: THE BAYARD FIRM RICHARD D. KIRK, ESQ. 222 Delaware Avenue, Suite 900 Wilmington, Delaware 19899 for Plaintiffs

CORBETT & WILCOX Registered Professional Reporters 230 North Market Street Wilmington, DE 19899 (302) 571-0510 www.corbettreporting.com Corbett & Wilcox is not affiliated wi.th Wilcox & Fetzer, Court Reporters

Case 1:04-cv-00343-JJF

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Teleconference
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orders," and the response to that from Mr. Kirk dated March 6 of 2007; is that correct? MS. BRZEZYNSKI: That's correct, Your Honor. MS. GAZA: Yes, Your Honor. MR. KIRK: Yes, Your Honor. SPECIAL, MASTER POPPITI: Then, let's start through that, please. MR. MERIDETH: Your Honor, this is Frank Merideth on behalf of the Tatung defendants. SPECIAL MASTER POPPITI: Thank you, Mr. Merideth. MR. MERIDETH: If I could go ahead and start. SPECIAL MASTER POPPITI: Please. MR. MERIDETH: Let me first indicate what the relief is that we are seeking so that my comments are put into perspective. You will recall that one of the issues in this case related to the production of documents related to unaccused products. SPECIAL, MASTER POPPITI: Yes, I am awa of that. MR. MERIDETH: In earlier session, the issue of the protective order arose, and particularly in

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APPEARANCES (Continued): MCKENNA,'LONG & ALDRIDGE, L,LP MATT BAILEY, ESQ LORA BRZEZYSKI,ESQ 1900 K Street, N W Washington, D.C. 20006 for Plaintiffs RICHARDS LAYTON & FINGER FREDERICK L. COTTRELL, 111, ESQ ANNE SHEA GAZA, ESQ One Rodney Square Wilmington, Delawa~e19801 for Defendant Tatung Co GREENBERG TRAURlG LLP FRANK MERIDETH, ESQ MARK KREISMAN, ESQ 2450 Cololado Avenue, Suite 400E Santa Monica, Califo~nia90404 for Defendant Tatung Company of America, Inc CONNOL,LY BOVE LODGE & HUT2 LLP TRACY ROMAN, ESQ JAMES D HEISMAN, ESQ 1007 North Orange Sheet Wilmington, Delaware 19899 fo~ Defendant Viewsonic Corpolation

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December, and I believe it was the first session that I attended with Your Honor, an issue came up that we had redacted from work plans, related to unaccused products, the name of the customer. SPECIAL MASTER POPPITI: Yes. MR. MERIDETH: And you were very clear that the protective order was the guiding document and that those work plans, regardless of the concern of our client for their customers, would, nevertheless, be produced without redaction, and, of course, we did that. SPECIAL, MASTER POPPITI: Yes. MR. MERIDETH: In the course of working on this case, we came across powers of attorney that were filed with the PTO that indicated that certain of the people who were identified as litigators on this case also were prosecuting flat screen technology patents, and it was our view that that was not consistent with the protective order. We raised questions about that. We were told, from our viewpoint, some different things about wh: that had occurred, that the protective orders were old or or they weren't accu~ate whatever. We also came across some filings that had been made that had been signed by people who were litigators in this case with the Patent

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SPECIAL MASTER POPPITI: Mr. Kirk, if you would start, please MR. KIRK: Yes, Your Honor. Richard Kirk from The Bayard Firm here in Wilmington for the Plaintiff, L.G. Phillips, LCD Company Lid, and with me oi the line, from Washington, are L.ora, L.-o-r-a, Brzezynski, B-r-z-e-z-y-n-s-k-i, and Matt Bailey from McKenna, Long Aldridge. SPECIAL MASTER POPPITI: Thank you. MS. GAZA: Thank you, Your Honor. It's Anne Gaza from Richards, Layton & Finger for the Tatung defendants. With me is Frank Merideth from Greenberg Traurig and Mark Kreisman. SPECIAL MASTER POPPITI: Thank you. MR. HEISMAN: Good afternoon, Your Honor. Jim Heisman from Connolly Bove on behalf of Viewsonic Corporation. With me today is Tracy Roman. SPECIAL MASTER POPPITI: Thank you. Now, I hope I am correct in this, the only issue that we have to deal wit11 today are issues covered by correspondence to me from Anne Gaza dated

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Teleconference

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detriment. And that's all I am ask~ng I am not accuslng anybody of anything I am not saylng anybody has been d~shonest.I am not saylng anybody is in contempt I am just saying, you know, We need to get some Independent corroboration by the privilege log and the other information that we have talked about today. SPECLAL MASTER POPPITI: Let's talk about time frames here for a moment Do I need to provlde any other lnformatlon In terms of the declarations that I'd llke to place? MS BRZEZYNSKI: I thlnk I understand, Your Honor know, and I think the most efficient way to do it is not with a lengthy written document. It may be much more efficient for me to ask that we convene without the need to disrupt anyone that is involved in the depositions in the case and permit me to do something on the record lat in the business day on Wednesday. And I will have a better sense of that once I get your submittals close of business Monday. MS. BRZEZYNSIU: That's fine, Your Honor. SPECIAL, MASTER POPPITI: Now, with tha said, is there any need for there to be an actual stop order between now and close of business Wednesday? MR. MERIDETH: I don't think so, Your Honor, because the issue of production of the doculnents requested with respect to the non-accused products is still pending. SPECIAL MASTER POPPITI: Right. MR. MERIDETH: So, I think, until that is resolved and until this is resolved, we don't need a formal order. SPECIAL MASTE,R POPPITI: Right. MS. BRZEZYNSKI: 1 will just alert you, Your Honor, that we have depositions beginning, of

prlvllege log, have all of the entnes In the pnvllege entrles?

Let me ask if the following schedule makes sense: All of the documents that have been identified from the privilege log, I'd llke them to be doable? MS BRZEZYNSKI. Your Honor, is there any way we could have until the end of the day? SPECIAL MASTER POPPITI: Yes MS BRZEZYNSKI: I leave this evening for a deposition in Florida on another case

know what it means with respect to production Can the declarations that I am expecting MS BRZEZYNSICI. Yes, Your Honor. with that -- let me go off record for a moment (Discussion off the record )

Tatung, I believe, in a week and a half, and Mr. Merideth can provide the actual date, and that, certainly, LPL, is very, very concerned about receiving document productio so close to those depositions that we will not have time to review those documents. And I put that out there because that is a vely serious concern of LPL's. SPECIAL MASTE,R POPPITI: I understand. MS. BRZEZYNSKI: I also want to raise that there has been a subpoena that has been served on one of my partners, Rebecca Rudich, and I'd like to know whether it's going to be necessary for us to move to quash that subpoena or whether you will cover that in your order next Wednesday? SPECIAL MASTER POPPITI: Is there any need for Miss Rudich to be deposed in light of what I a proposing that get done? MR. MERIDETH: No, sir, not at this time. SPECIAL, MASTER POPPITI: Thank you. MR. MERIDETH: However, I do want to have a situation -- I don't want to have a situation where the discovery cutoff ends and then an issue is left hanging.
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to need a little more time than that, I will let you

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Case 1:04-cv-00343-JJF

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Teleconference 16 ( P a g e s 58 to 61)
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understand that. But for purposes of doing the work that I am doing, do you agree to withdraw the subpoena? MR. MERIDETH: Yes, sir. SPECIAL MASTER POPPITI: Thank you. MS. BR2.EZYNSKI: Thank you, Your Honor. SPECIAL MASTER POPPITI: Are there any other matters, then, that I need to address today? MS. BRZEZYNSKI: I don't think so, Your Honor. MR. MERIDETH: There is one matter, Your Honor. I believe that, yesterday, Mr. Kirk and Miss Gaza submitted an order with regard to the CAD CAM software. We did that -- 011, I am sorry. Here is the -- we have a problem. Your Honor indicated a desire to see the CAD CAM software demonstrated, and we have brought a individual with a lap top to make that demonstration for you as you had suggested. SPECIAL MASTER POPPITI: Okay. MR. MERIDETH: The problem is that we have a license that limits the use of that software to the country of Taiwan, and, technically, it is a violation of that license for us to remove it from Taiwan, and we would hke a court order that says we have

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Honor as well, and we made that request to Tatung. MR. MERIDETH: I think when Your Honor indicated that you wanted to see the CAD CAM program thid you indicated that you would look at in camera, but we can address that tomorrow, but I am telling you, we don't want one of these patent prosecutors present. It's a serious problem. MS. BUEZYNSKI: Again, that's a comment that -SPECIAL MASTER POPPITI: No comment. I understood Mr. Merideth to be askmg a question. Will there be a patent prosecutor present? MS. BRZEZYNSKI: Mr. Ambrozy will be present tomorrow I am not sure which colleagues he will have with him. I know that Mr. Christenson will be there for part of the time but hopes to leave right after his argument. I believe that Mr. Auito will also be with Mr. Amhrozy and that they are both in Delaware now. SPECIAL, MASTER POPPITI: Does that answer the question? MR. MERIDETH: Yes, sir. SPECIAL MASTER POPPITI: Do I need to do anything else, then? MR MERIDETH: No. But I think we need

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to do that -- or an order from you that says we have to do that so we don't have a problem with the license order. That's all. SPECIAL. MASTER POPPITI: And something came over for me? MR. MERIDETH: It has been sent to Mr. Kirk but it hasn't yet anived at your desk. SPECIAL. MASTER POPPITI: If you will bring it -- I expect what you are telling me, it will do if1 sign that before we proceed tomorrow in the courthouse; correct? MR. MERIDETH: Yes, sir. SPECIAL MASTER POPPITI: All right. Let's do it in that fashion. MR. MERIDETH: I just didn't want to have an issue with the licensor and I think that's what everyone expected SPECIAL MASTER POPPITI: 1 understand. MS. BRZEZYNSKI: Your Honor, I fully understand Mr. Merideth's concem. I think that Mr. Ambrozy took a look at that order and indicated to me that he had a concem with the in camera language. And Mr. Ambrozy has raised with Tatung counsel that we expec to be present when the CAD CAM files are shown to Your

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to discuss -- we can discuss the CAD CAM tomorrow SPECIAL MASTER POPPITI: We can I agree MR MERIDETH: I don't think it's necessaly to burden the record on that now. SPECIAL MASTER POPPITI: I agree. MS BRZEZYNSKI: Thank you MR. MERIDETH: Thank you SPECIAL MASTER POPPITI: Thank you all