Case 1:04-cv-00343-JJF Document 685-4 Filed 06/08/2007 Page 2 of 3
McKenna Long .
Atlanta • San Doego
&Aldr1dge... .
Demet Attorneys at Law San Francisco
LGS A¤9¤l¢$ 1900 K Street, NW • Washington, DC 20006 W¤5hl¤9i<>¤· DC
202.4%.7500 · Fax: 202.496.7756
*’hll¤d¤lPhl¤ www.mckennalong.com B¤¤$¢l$
CORMAC T. CONNOR Emu. Aooaess
(202) 496-7439 cconn0r@mcl
Via Email and U.S. Mail
Manuel Nelson, Esq.
Connolly Bove Lodge & Hutz, LLP
355 South Grand Avenue
Suite 3150
Los Angeles, CA 90071
mnels0n@cblh. com
Re: LG.Philips LCD C0., Ltd. v. Tatung, et al.,
Civil Action No. 04-343 (JJF)
Dear Manuel:
As you know, I was out of town at the end of last week and for part of this week. This
letter responds to your May 1, 3 and 4, 2007 emails and supplements my May 7 email to you, all
of, which pertain to our discussions about data that ViewSonic is seeking concerning LPL's
sales, costs and profits in 1998 and 1999.
We previously discussed the fact that LPL does not have cost and/or profit data for pre-
2000 archived in a way that would allow LPL to incorporate that data into summaries similar to
those that LPL has already produced for 2000-06. Whether any profit or cost summary data
could be generated at great effort and expense to LPL is an issue that we still need to investigate
further. Even if such data could be generated, however, LPL does not have any duty to produce
such information because it is irrelevant, nor has ViewSonic established any basis to require its
production, even assuming that ViewSonic is willing to bear all related expense, as suggested in
your May 3 email. Nonetheless, we remain willing to further investigate and discuss this issue
with you in order to understand your position concerning what discovery ViewSonic believes is
necessary and why you believe that information is relevant.
You previously indicated that we would likely be able to agree on a production of sales-
related data from LPL without the profit and cost information. if we are able to reach an
agreement on the production of data pertaining to revenues and actual unit sales for 1998-99,
why would ViewSonic also need profit and cost infomation? We have reviewed your
representations on this issue but still do not see how cost and profit data would be relevant either
Case 1:04-cv-00343-JJF Document 685-4 Filed 06/08/2007 Page 3 of 3
Manuel Nelson, Esq.
May 11, 2007
Page 2
to prior art or reasonable royalty determinations because, especially for reasonable royalty
purposes, any hypothetical royalty negotiation could only have occurred aiter the patent
applications were tiled. We would appreciate any further explanations that you can provide.
As soon as I have any additional information concerning LPL's data, I will update you;
and we will try to provide further infomation by the meet-and—conter session (pertaining to other
discovery issues) that we have been discussing for late next week.
Sincerel J_____
cc: Counsel of Record (via email)
DC:5047694l.2
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