Case 1 :04-cv-00343-JJF Document 685-5 Filed 06/08/2007 Page 2 of 4
. Teleconference
Page lg
IN THE UNITED STATES DISTRICT COURT §
FOR THE DISTRICT OF DELAWARE E
E
L.G. PHILLIPS LCD ) §
co., LTD., > g
) E
Plaintiff, ) Civil Action No. i
> 04—343~JJF g
v. ) §
>
TATUNG COMPANY; ) $
TATUNG COMPANY OF ) §
AMERICA, INC.; and ) E
viawsowic > g
CORPORATION, ) §
)
Defendants. ) g
A teleconference was taken pursuant to notice €
before Ellen Corbett Hannum, Registered Merit Reporter, §
in the law offices of Blank Rome, 1201 N. Market Street, Q
Suite 800, Wilmington, Delaware, on Wednesday, May 23, i
2007, beginning at approximately 2:30 p.m., there being Q
present: g
BEFORE: SPECIAL MASTER VINCENT L. POPPITI §
APPEARANCES: §
RICHARD D. KIRK, ESQ. §
The Bayard Firm i
Wilmington, Delaware 19801 j
and §
CASS W. CHRISTENSON, ESQ. f
REL S. AMBROZY, ESQ. Q
CORMAC T. CONNOR, ESQ. ?
McKenna Long & Aldridge LLP i
Washington, D.C. 20006 ?
For the Plaintiff §
CORBETT & WILCOX i
Registered Professional Reporters 3
The Parcels Building ~ 230 N. Market Street I
Wilmington, DE 19801 5
(302) 571-0510 Q
www.corbettreporting.com Y
Corbett & Wilcox is not affiliated with Wilcox & Fetzer, F
Court Reporters Q
www.corbettreporting.com
Case 1 :04-cv-00343-.1.1 F Document 685-5 Filed 06/08/2007 Page 3 of 4
¢
Teleconference
12 (Pages 42 to 45)
Page 42 Page 44
1 MR. HEISMAN: And there was also some 1 And so this is the request that i
2 testimony from Ms. Wang as well that confirmed j 2 specifically called for this type of report or data
3 Ms. Stetson's testimony that in fact ViewSonic cannot 3 compilation.
4 merely generate summaries of U.S. sales. What we can d , 4 SPECIAL MASTER POPPITI: Let me ask thi ?
5 however, is generate summaries by the Americas to 5 question. I would expect that even though you suggest
6 generate. And isolate the U.S. we would need to 6 are talking about something different than Iruled on
7 undertake a burdensome task and do it on 7 before, and I will want to hear about that if there is a
8 a customer-by—customer basis and create a special report 8 different view, when you are looking for all reports and
9 merely for purposes of litigation, which is something 9 data compilations, the way I would read that, given the
10 that ViewSonic does not keep in the ordinary course of 1 0 ruling that I have already made and given what I would
1 1 business. 1 1 expect should be a consistent ruling with respect to this
12 We believe that Your Honor has ruled on 12 different data -· and I will accept your characterization
1 3 this issue several times. We have seen nothing new that 1 3 of it for purposes of making the point -- in my view it
14 that should change Your Honor's calculus and request tha 1 4 is all reports and data compilations that are generated
1 5 the application be denied. 1 5 in the ordinary course of business.
1 6 SPECIAL MASTER POPPITI: I guess my 1 6 Now, I mean, I realize we live in a
17 question is: What has changed since I've ruled on this 1 7 little bit of a different world than we lived in when we
1 8 before? 1 8 were ·- when we were pulling paper and compiling
19 MR. CHRISTENSON: Your Honor, Cass 1 9 information and reports in that fashion. But I'm not
2 0 Christensen. 2 O aware of any different guidance, if you will, from either
2 1 A couple of things: First of all, I 21 this District or this Circuit which says simply because
22 disagree with ViewSonic that this is another request for 22 we live in a different world and you've got the talent to
23 import information. This has nothing to do with import 23 go into a database and create something that is new and
24 information, which is an issue we specifically addressed F2 4 snappy and more clear and more cogent and more focused
Page 43i Page 45
1 previously. This is an issue of whether we are entitled 1 if that's not done in the ordinary course of business and
2 to reports and data compilations regarding U.S.—specific 2 it is only done -- or only done against the backdrop ofa
3 shipments. l 3 litigation request, it's something that the Court is not
4 And the reason that's important is -- I 4 going to direct.
5 that it's different is important is that previously you 5 So having said that, let’s look at what
6 concluded that we had requested documents sufficient to 6 we are talking about here becausel do not intend to
7 determine the amount of imports. The document requestsi 7 require any party to do, other than what they -— or
B that are at issue now are different document requests, 8 provide or produce or create anything that they don't do
9 and they specifically call for this type of a report. I 9 in the ordinary course, even if it is easy to go in and
1 0 So, for example, if you have our Rule 7.l I submission. i 1 0 press some buttons and get that report you are looking
1 1 SPECIAL MASTER POPPITI: Just going to i 1 1 for.
12 have to give me a moment. One sec. I have it. ‘ 12 MR. HEISMAN: Judge, this is Jim Heisman
13 MR. CHRISTENSON: Your Honor, Exhibit I 13 for ViewSonic.
14 to our Rule 7.l I submission. E 1 4 LPL has not come forward with a
1 5 SPECIAL MASTER POPPITI: Okay, I'm i 1 5 scintilla of evidence that ViewSonic has ever prepared
1 6 there. i 1 6 these type of summary documents that they are now
17 MR. CHRISTENSON: Thats LPL‘s second I 17 requesting in the ordinary course of business. They
1B set of requests for production. If you will, please, 18 cited to you some snippets that indicated, yeah, it may
1 9 tum to request No. 17 on page 5. We specifically 1 9 be possible and, as Your I-Ionor has correctly observed, in
20 requested ·— I will just read it for the record: "All 1 20 the digital world anything may be possible with the
2 1 reports and data compilations showing actual monthly ’ 21 appropriate database manipulation. But this is simply
22 sales in units and U.S. dollars by or for you since , 22 not the case here. ,‘
23 January I, 2002 concerning each type of digital display ’ 23 What we are talking about are documents I
2 4 product responsive to interrogatoiy No. 2." 24 that ViewSonic simply does not use in its business and
www.corbettreporting.com
Case 1 :04-cv-00343-JJ F Document 685-5 Filed 06/08/2007 Page 4 of 4
Teleconference
13 (Pages 46 to 49)
Page 46 Page 48 j
1 that they would have to create solely for purposes of 1 specifically raised in our March 30th submission, and I j
2 responding to a discovery request. And we believe that's l 2 have sent a letter to counsel for ViewSonic on April 24 J
3 entirely inappropriate. 3 raising these issues because we are seeking some
4 SPECIAL MASTER POPPITI: Mr. 4 infomation that we feel we need to prepare for
5 Christenson. 5 depositions of ViewSonic's witnesses in June. And we
6 MR CI-IRISTENSON: Your Honor, to respond 6 only recently realized that there may be information that i
7 to your point, I do understand your point, my response is 7 we don't have that in ViewSonic's possession.
B twofold first, with regard to Rule 34 ·— I'm going by B We recently talked to ViewSonic about f
9 recollection here, I apologize, I don't have it in front i 9 these other two types of documents ·— and I was not on
10 of me. 10 the call, but as I understand it, ViewSonic's position is
1 1 SPECIAL MASTER POPPITI: Yes. I 1 1 that because there was never any specific ruling nom
12 MR. CHRISTENSON: My recollection is i 12 Your Honor that directed ViewSonic to produce these typ-
13 that it's clear in the committee, though, that it can be 1 3 of documents, then ViewSonic did not have a duty to
1 4 appropriate for a party to produce data, to produce a i 1 4 produce these documents. Our position is that we had
1 5 report or a compilation of data that exists within the i 1 5 never understood that documents had not been produced.
1 6 company's database or computer system as maintained in 1 6 We thought we had received these types of documents, an
17 the ordinary course of business. 1 7 we only recently realized that there is apparently a
1 8 And as I understand it, as the second 18 dispute about these type of documents.
1 9 point, is that's exactly what we are talking about, that 1 9 The first type is -- ‘
20 we are talking about data that ViewSonic maintains in thel 2 O SPECIAL MASTER POPPITI: Direct me to
r 2 1 ordinary course of business. Now if you arc asking me -- 2 1 specifically where you are referring in your
22 SPECIAL MASTER POPPITI: But what you 22 correspondence, please. .
23 are asking them to do is something you can do with the 23 MR. CHRISTENSON: Yes, Your Honor. Thi f
24 data. You havejust said you can do it. They have given i 24 is, on page 2 of our May 8th submission.
Page 47 Page 49
1 you the information, at least this is my understanding. ; 1 SPECIAL MASTER POPPITI: Right.
2 They have given you infomation that you can work withi 2 MR. Cl-IRISTENSON: We first talked about
3 And I think it was said in an earlier hearing, isn't that 3 documents that refer to mounting technology used in S
4 the purpose of gathering infomation that you can work 4 ViewSonic's products. Specifically, of course, we are
5 with'? 5 positive more interested in rear-mounting technology. So
6 Now, if you are suggesting to me that i 6 we would want any documents that reference the use of
7 there is some guidance in this District or in this 7 rear—mounting technology. And we have pointed to some
8 Circuit that suggests that a party should be required to 8 documents where ViewSonic's suppliers refer to the use o
9 go in and, for the ease and sake of the requesting party, 9 either front~ or side~mounting technologies of J
1 0 manipulate data and produce a report that the other party i 1 0 ViewSonic's products.
12 to review it. { 1 2 may be documents that refer specifically to rear-mounting
13 MR. CHRISTENSON: Very well, Your Honor; 1 3 technology. And if there are, we would like to receive
14 SPECIAL MASTER POPPITI; I will be the 14 those documents as soon as possible to use in ViewSonic' Q;
15 first to admit ifI'm wrong, I will tell you I'm wrong. [ 15 depositions. That's the iirst issue. .
1 6 So if there is something there that I should be looking 1 6 The second issue is -- =
17 at, then make me aware of it. 17 SPECIAL MASTER POPPITI: Let's focus on
1 8 MR. CHRISTENSON; Yes, sir. 1 8 that one for a moment, please. I
1 9 May I proceed to the second point'? 1 9 MR. MILLER: Scott Miller, I will speak I
20 SPECIAL MASTER POPPITI: Yes, please. 20 to this one. `7
2 1 MR. CHRISTENSON: The second and third 2 1 SPECIAL MASTER POPPITI: Please.
22 issue, Your Honor, are issues that are supplemental to 22 MR. MILLER; Two issues, I guess, that
23 issues that we had raised in motions that were argued 23 come as a result of this. These are matters for which
24 back in December of 2006. They are not issues that were 24 there was not a meet and confer in advance of filing the S
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Case 1:04-cv-00343-JJF
Document 685-5
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