Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-00343-JJF Document 743-2 Filed 07/31/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

Plaintiff,
V- i Civil Action No. 04-343-JJF
TATUNG COMPANY; TATUNG E
COMPANY OF AMERICA, INC.; and .
VIEWSONIC CORPORATION, {
Defendants. E
JOINT SUBMISSION CONCERNING SCHEDULING
Plaintiff LG.Philips LCD Co., Ltd. ("LPL") and Defendants Tatung Co., Tatung
Company of America, Inc., and ViewSonic Corp. ("Defendants"),jointly tile this submission
conceming scheduling, respectfully requesting that the Court enter and adopt the schedule
proposed by the parties, subject to the approval of the Court, and state as follows:
l. The parties have conducted extensive discovery and have submitted several disputed
issues to the Special Discovery Master tor resolution. Discovery in the case has involved several
complex and disputed issues, requiring substantial time and effort.
2. The Special Master has convened several hearings. both by teleconference and in person,
to address disputed discovery issues. To assist the parties in resolving disputes and completing
discovery, the Special Master has provided informal guidance, as well as several formal Reports
and Recommendations and Orders to produce that are reflected in the Court record.
3. The parties have continued to supplement and exchange discovery based on the Special
Master`s guidance and rulings. On July 3, 2007, the Court issued several memorandum opinions
adopting prior reports ofthe Special Master concerning discovery issues. On July I3, 2007. the

Case 1:04-cv-00343-JJF Document 743-2 Filed 07/31/2007 Page 2 of 3
Court issued an opinion sustaining objections to other Special Master reports concerning
discovery-related issues. Fact discovery is nearly complete, and the parties are now in the
process of final discovery including document productions and other discovery. The parties are
continuing to discuss the parameters of remaining discovery including document productions and
depositions, if any.
4. The Special Master`s claim construction ruling was issued on June 15, 2007, impacting
the parties` efforts to complete discovery and to agree on the scope of remaining discovery.
Based on the claim construction, for example, the parties will be supplementing certain
contention interrogatories conceming infringement and validity issues. The scope ofthe
remaining discovery is also impacted by recent discovery hearings before the Special Master,
including hearings on June 28, 2007 and July 13, 2007. Although the parties reserve their rights
to contest any final outcome ofthe issues raised at the June 28 and July I3 hearings, the parties
hope to resolve all remaining issues. A iixrther discovery hearing is scheduled for August 7.
2007.
5. Because of recent and ongoing events impacting the completion ofdiscovery, the parties
anticipate that additional time to complete discovery-related pre-trial matters, including expert
discovery and trial preparation, would be appropriate. In addition, the parties believe that they
can complete the remaining pre-trial tasks with relatively short extensions to the remaining
deadlines set forth in the Second Omnibus Scheduling Order in this case.
6. Similarly, to allow for additional time to complete the remaining work necessary before
trial. the parties respectfully request that the Court briefly postpone the trial date currently
scheduled for January 21. 2008. The parties understand that the Court has an available trial

Case 1:04-cv-00343-JJF Document 743-2 Filed 07/31/2007 Page 3 of 3
starting date of March 10, 2008. Therefore, the parties respectfully request that the Court
reschedule the trial from January 21, 2008 to March 10, 2008.
7. A proposed revised schedule, entitled the Third Amended [Omnibus] Scheduling Order,
is attached to this submission for the Court’s convenience and consideration.
WHEREFORE, the partiesjointly and respectfully request that the Coun enter the
proposed Third Amended Omnibus Scheduling Order as submitted herewith, and for such further
action as the Court deems just and appropriate.
THE BAYARD FIRM CONNOLLY BOVE LODGE & HUTZ LLP
.—ss·` s .»·‘‘ Ric/zcird D. Kirk /rk()922g @;.]anzes D. Heisman ([/127-/8)
Richard D. Kirk (#922) Jeffrey B Bove (#998)
Ashley B. Stitzer (#3891) James D. Heisman (#2746)
222 Delaware Avenue, Suite 900 Jaclyn NI. Mason @1737)
P.O. Box 25130 1007 North Orange Street
Wilmington. DE 19899 P.O. Box 2207
(302) 655-5000 Wilmington, Delaware 19899-2207
Aiiorneysfor P/cziniif (302) 658-9141
LG.Phi/ips LCD C0.. Lid .4I[OI"fI£’j»’.S`_/DI" Dejéndani I"iewS0nic
Corporation
RICHARDS, LAYTON & FINGER, P.A.
.r—-·‘` Q 9 .-·’`i Frederick L. C0!1re//. III /'[c2555Q
Frederick L. Cottrell, III @555)
Anne Shea Gaza (#4093)
One Rodney Square
P.O. Box 551
Wilmington, DE 19899
(302) 651-7700
A t!0rneys_/br Deféndunis Tutung Company
and Taiung Company 0fAmerica. Inc.

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