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Case 1:04-cv-00343-JJF Document 775 Filed 08/27/2007 Page 1 of 2
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ANNE SHEA GAM WILMINGTON, DELAWARE isaac: 30265 ,7539
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August 27, 2007
VIA E- FILE AND HAND DELIVERY
The Honorable Vincent .1, Poppiti
BLANK ROME LLP
Chase Manhattan Center
E20! Market Street, Suite 800
Wilmington, DE 19801
Re: L6ZPhiIigs LCD C0., Ltd v. ViewSonic et nl., C.A. No. 04-34.3-JJF
Dear Special Master Poppiti:
The Tatung Defendants respectfully submit this brief in response to LPL’s letter brief dated
August 23, 2007, regarding the depositions of Rebecca Rudich and a McKenna Rule 30(b)(6) witness.
First, LPL falsely contends that the Tatung Defendants’ subpoena to Ms. Rudich is related to
McKenna’s violations of the Protective Order, From the outset, the Tatung Defendants have
consistently stated that Ms. Rudich’s deposition relates to issues regarding the ‘0'/9 continuation
application. Since LP}, concedes that Ms. Rudich is the appropriate deponent for the ‘079 application,
LPL should make Ms, Rudich available to testify on this subject.
LPL also states that the latung Defendants should have subpoenaed Mr, Song Jung rather than
Ms, Rudich. The Tatung Defendants believed Ms, Rudicb was the appropriate witness because she
stated in her declaration that she is involved in prosecution activities relating to the Patents-in-Suit and
that she is the senior partner in charge of all prosecution work. LPL suggested, for the Hrst time, at the
August 13, 2007 hearing that Ms. Rudich is not competent to testify on these topics for the time period
in question LPL should not now be ailowed to avoid a deposition regarding prosecution of the
Patents—in—Suit by claiming that the Tatung Defendants subpoenaed the wrong person when the Tatung
Defendants expressly relied on the declaration submitted by LPL,
Second, LPL should not beneht from its strategic decision to delay the production of highly
relevant documents until after the Special Master’s claim construction ruling, LPL’s argument that the
Tatung Defendants should have served a 30(b)(6) notice on McKenna before discovery closed ignores
the fact that LPL’s recent, belated document production gave rise to a host of new issues that the
`fatung Defendants did not know about and should now be permitted to explore. Those recent
documents establish that: (i) there is relevant prior art before the critical date; (2) LPL knew of the
prior art (indeed, the prior art are LG products); and (3) the prior art was not disclosed during
prosecution of the Patents—in—Suit. These newly discovered facts are clear grounds for an inequitable
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Case 1:04-cv-00343-JJF Document 775 Filed 08/27/2007 Page 2 of 2
conduct claim, and the Tatung Defendants are entitled to depose the person most knowledgeable at
McKenna with respect to this defense
Finally, the Tatung Det`endants’ proposed 30(b)(6) topics are grounded in facts that have only
recently been discovered because of LPL’s late disclosure. The deposition topics are narrowly tailored
to: (i) the LPL products identitied in LPL’s recent document productions; and (2) the LG 500 LC
monitor, a product made by LPL’s parent company, LG Electronics. With regard to issues surrounding
the NEC litigation, Your Honor has already ruled that the Tatung Defendants may explore this topic at
LPL’s supplemental deposition. LPlL’s blanket claim of privilege, therefore, has no merit and already
has been rejected
Accordingly, Your Honor should order LPL and McKenna to make Ms. Rudich and an
appropriate McKenna witness available for deposition.
Respectfully,
6ti·rt»l/tr Jl M
Anne Shea Gaza (#4093)
ASG/afg
cc: Clerk ofthe Court (By Electronic Filing)
All Counsel of Record (via electronic mail)
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Case 1:04-cv-00343-JJF

Document 775

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Case 1:04-cv-00343-JJF

Document 775

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