Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-00343-JJF Document 672 Filed 05/22/2007 Page 1 of 2
F?ic;i—iAr-teas, L.AY‘rc:>r~1 5. F`ir¤1c:»s;n
A PROFESSIONAL ASSOCIATION
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EEO NORTH Kms 5TREw Dsnacr Dim. Numaan
ANNE SHEA Gem Wn.M|r~1crr0N, DELAWARE isaac: 302-65 ,-~y53g
(302) 65a»7700 GAzA@t=u,r=* com
Fax moan een-vvoi
WWW RLFCOM
May 22, 2007
VLA ELECTRONIC MAIL
& HAND DELIVERY
The Honorable Vincent tit Poppiti
BLANK ROME LLP
Chase Manhattan Center
120] Market Street, Suite 800
Wilmington, DE 1980i
Re: LG. Philips LCD Co., Lal, v. ViewSonic Corporation or ru'.
U.S. District Court Case Ne. t)4·-343 JJF
Dear Special Master Poppiti:
On March 30, 2007, the Tatung Defendants tiled a motion to compel inspection of
alieged Tatung products in LPL’s possession. This Motion was heard on April E7, 2007. Your
Honor required LPL to provide the serial numbers for the alleged Tatung products in its
possession and required the Tatung Defendants to determine whether it couid independently
obtain these products, Your Honor further stated that if the Tatung Defendants could not
independentiy obtain the products, then Your Honor would revisit the issue of whether to require
LPL to make the products available for inspection At the May 4, 2007 hearing, the Tatung
Defendants advised Your Honor that they needed more time to evaluate the seriai numbers
provided by LPL and to determine whether they could independently obtain the products at
issue. Your Honor gave the Tatung Defendants until May 22, 2007 to make this determination,
Of the 16 alleged Tatung products identified by LPL, there is one product that the Tatung
Defendants cannot independently obtain and/or have not examined. `i` his product is the I-IP
FP7317 (PE1244) with serial number CNC426l 92S. The Tatung Defendants have tried to obtain
this product from HP but were told that this product has been discontinued- in addition, the
serial number for this product does not appear to be a Tatung seriai number, The photographs of
this product produced by LPL do not reveal a Tatung model number or any other information
that would indicate that this is a Tatung product. Based on the information currently available to
the Tatung Defendants, this product does not appear to have been made by Tatung. As the
Tatung Defendants have informed LPL on previous occasions, HP may source the same product
from different OEMs.
Because LPI. has alieged that the i-IP F P"/317 (PE1244) is a `fatung product and that it
infringes the Patents·in—Suit and because there is no possible way the Tatung Defendants can
arr t -31550834

Case 1:04-cv-00343-JJF Document 672 Filed 05/22/2007 Page 2 of 2
Special Master Poppiti
May 22, 2007
Page 2
obtain this particular product except from LPL, the Tatung Defenclants respectfully request that
Your Honor permit thern and/or their expert to inspect this product at a mutually convenient time
and location.
Respectfully submitted,
Ci)/www jim Mp/WJ
Anne Shea Gaza ~
(#409)
ASG/arg
ec: Richard D, Kirk, Esquire (e-mail)
Jeffrey B, Bove, Esquire (email)
Daniel G,. Jarcho, Esquire (e—mail)
Cormac T. Connor, Esquire (e—mail)
Lori Brzezynski, Esquire (email)
Tracy R, Roman, Esquire (e—mail)
Scott R. Miller, Esquire (e-mail)
iu r= 1-3 r ssrn;-1

Case 1:04-cv-00343-JJF

Document 672

Filed 05/22/2007

Page 1 of 2

Case 1:04-cv-00343-JJF

Document 672

Filed 05/22/2007

Page 2 of 2