Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-00343-JJF Document 661-3 Filed 05/10/2007 Page1 014

Case 1 :04-cv-00343-JJF Document 661 -3 Filed 05/10/2007 Page 2 of 4
. Hearing
_ `. A ’ Page 1 Q i
IN THE UNITED STATES DISTRICT COURT V Q {
H · —h FOR THE DISTRICT OF DELAWARE E
PHILLIPS, L.G., LCD CO., LTD, ) , Q
- Plaintiffs, ) C.A. No. 04—343(JJF) i
. = · v. 1 ` ) ` 4 _ §
` TATUNG CO., TATUNG COMPANY OF ) . 3
AMERICA, INC., and VIEWSONIC ) j
' CORPORATION, ` ) Q
_. V Defendants.V ) · 1
, Hearing of above matter taken pursuant to _
notice before Renee A. Meyers, Registered Professional I
Reporter and Notary Public, in the law offices of BLANK .
· ROME, LLP, 1201 North Market Street, Wilmington, {
_ V___4,_ _ · Delaware, on Friday, May 4, 2007, beginning at
( Ly approximately 11:45 a.mJ, there being present: l »
BEFORE: HONORABLE VINCENT J. POPPITI, SPECIAL MASTER Q
APPEARANCES: ’ — l A
. I U THE BAYARD FIRM Q 0
~~- STEPHEN BRAUERMAN, ESQ. ‘ .· {
222 Delaware Avenue, Suite 900 Q
· Wilmington, Delaware 19899 j
“ for Plaintiffs §
~ · ‘ CORBETT & WILCOX Q
Registered Professional Reporters ‘ _
230 North Market Street Wilmington, DE 19899 Q
(302) 571-0510 ` §
‘ www.corbettreporting,com i
Corbett & Wilcox is not affiliated 1
{ .] with Wilcox & Fetzer, Court Reporters §
n www.oorbettreporting.com

Case 1 :04-cv-00343-JJ F Document 661 -3 Filed 05/10/2007 Page 3 of 4
He a ning
10 (Pages 34 t:o° 3*7)
Page 34 Page 3 6 ;
1 issues that you had already asked us to supplement on. 1 · and.I have gotten the testimony of them, and the ··
2 MS. HO: Your Honor, we do not agree 2 testimony is that those documents were prepared
3 that there was a prior agreement. 3 specifically by the Howry firm for an interrogatory
4 · SPECIAL MASTER POPPITI: I am sorry? 4 response and not documents that are maintained in the
5 MS. HO: We do not agree -- 5 ordinary course of business.
6 SPECIAL MASTER POPPITI: I understand 6 Se we have, you know, a disconnect
7 that. - . 7 between what Mr. Christensen indicates the documents ar
8 MS. HO: We do not agree that there was 8 and what the facts are relating to these documents and I
9 a prior agreement, at least in the way that 9 think we have that problem on a· couple of other
10 Mr. Christensen is censtruing. 10 circumstances he's asked about as well. I am happy to `;
11 SPECIAL MASTER POPPITI: Okay, Let's 11 deal with it now, or we can deal with it off-line, Cass,
12 move on, then, please, if you would. · 12 ·· if you want, or however you think it's appropriate. i
13 Are we new at C? 13 We seem to have this inability to match
1 4 MR. CHRISTENSON: Yes, Your Honor. C 14 up the contentions that are made about our failure to g
15 relates to discovery that we are seeking from 15 produce discovery with the facts.
1 6 ViewSonic -> 1 6 MR. CHRISTENSON: Well, I don‘t agree
17 SPECIAL MASTER POPPITI: Just a minute. 17 ~ with that, obviously. I think you mischaracterized what
18 I am moving papers around and I cut you oftl Go ahead. 18 the documents are and what I stated I thought they would
1 9 MR. CHRISTENSON: I had sent a letter to 19 be, so, I haven't heard your position back yet in
20 counsel for ViewSonic, following up on some issues from 2 D response to my April 24 letter until now. ·You know, if i
2 1 ’ our prior hearings, and I don‘t believe I have received a 2 1 -- that's why I was originally just posing the question
' 22 response back yet from —- to my letter, so I am not sure 22 of whether I should proceed to run through these issues
2 3 what the best way is to proceed on this issue. 23 or if we should have further discussion, but ··-
24 SPECIAL MASTER POPPITI: Mr. Merideth? 24 MR. MILLER: Let me address that, Your j
Page 35 _ Page 37
1 . ViewSonic, I am sorry. . 1 Honor, because I can read from the transcript of the ,
2 MR. MILLER: That would be Mr. Miller, · 2 · April I3 hearing on this point.
3 ` Your Honor. ‘ 3 SPECIAL MASTER POPPIT1: Why don‘t you
4 ·SPECIAL MASTER POPPITI: Thank you, 4 point me to it, please.
5 Mr. Miller. . ‘ 5 " MR. MILLER: Page l9l of that hearing ··-
6 MR. MILLER: ‘I am happy to just run 6 SPECIAL MASTER POPPITI: Wait just a Z
. 7 through a couple of questions real quick that were the 7 second. I am there, please. ‘ · -‘
. 8 subject of the letter. · 4 · 8 MR. MILLER: Starting at line three with [
9 - · SPECIAL MASTER POPPITI: And is this in 9 · Mr. Christensen speaking, and the -- I am happy to read 2
10 the nature of your having a discussion with = _ 10 ‘ the two paragraphs that exist there between line three [
_ 11 Mr. Christensen or is it something tlratl should be 11 extending down to line 24, but rather than burden the
12 attending to today? I am happy to permit -= I am happy 12 entire record here with it, what'I would say is looking,
13 for that to occur if it advances the ball. Even if it · 13 · 1in particular, starting at line 18 of that subsection,
14 doesn’t advance the ball, at least tell us where the ball 1 4 where it says, "What we are asking to compel are the
15 is. .. f . . . · 15 documents that we believe exist, that have already done
1 6 . MR. MILLER: Sure. I think it would be 1 6 that, they are documents that ViewSonic has from the ’
17 · -- some of the issues came up in the hearing, at the last 17 ordinary course of business that isolate shipments-
18 hearing we had before Your Honor on April 13. For 18 _ specifically within the U.S. and those are documents we
1 9 ‘· example, one ofthe sets of documents that 1 9 obtained in the prior C.P.T. ease in Delaware before `
2 0 Mr. Christensen has inquired about are documents that he 2 0 Judge Faman that went to trial last year."
21 indicated on the record were ViewSonic‘documents prepare 21 · So I asked Mr. Christensen for the
22 in the ordinary course of business that reflected only 22 document control numbers on that and he gave them to m {J
23 U.S. sales, and he gave me some document control numbers 23 · which were documents that thetestimony that was given i \‘··· -
2 4 from a prior litigation. I have gotten those documents ` 2 4 the case that he referred to, the 05-292 case, were that
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Case 1 :04-cv-00343-JJ F Docu ment 661 -3 Filed 05/10/2007 Page 4 of 4
Hearing
11 (Pages 38 to 41)
.—·‘ ’ » Page 38 Page 40
( · A 1 those were documents that were prepared by the Howry & _ 1 why I am asking you to do it off-line.
2 Simon icimi specifically from thumbing the information, 2 MR. CHRISTENSON: That's fine, Your
3 those that were the subject of Mr. Christenson's 3 Honor. Iam happy to do that. I thought Mr. Miller :
4 discussion on the record at our April 13th hearing, are 4 wanted to proceed. I am happy to do it off-line.
5 not documents that are maintained in the ordinary course 5 SPECIAL MASTER POPPITI: Please do it A
6 of business. 6 that way.
7 And, so, you know, we are in a situation 7 . We are to D, please.
8 where the -- it's very frustrating, Your Honor, to bein 8 _ MR. CHRISTENSON: 'I`hat's Tatung's
9 a situation where we are continually being —— having . 9 . motion, Your Honor. . L
10 issues arise like this on the record and then having to 10 SPECIAL MASTER POPPITI: And I see there
11 respond to them. . . . 11 is continuing communication. ·
12 _ I think that this is just a classic 12 Is that the status of that?
13 example of a situation where either the facts were not 13 . MR. CHRISTEN SON: The status is that I E
14 checked before the assertion was made on the 13th, or, 14 did, send a letter to counsel, I believe, last week, '
15 you know, whatever. It‘s just a very difficult 15 giving the status update, and I can report that our
1 6 situation. 1 6 client has investigated and has -- is in the process of Y
.· 17 Other documents that were asked for, 17 sending to me any documents that might be responsive on
; . 1 B documents that they contend that ViewSonic has that 1 B these issues, andI would then promptly review those and ;
' 19 identify mounting structures —- . 1 9 _ produce any that are appropriate. 3
20 MR. CHRISTENSON: Well, Your Honor, can 20 SPECIAL MASTER POPPITI: Okay. Miss I-Io,
2 1 - I respond, please? It‘s our —- ; 2 1 I think you were about to say something. ; ,
2 2 SPECIAL MASTER POPPITI: I am not sure 22 MS. HO: I was about to inform Your
2 3 that it's very productive for me to listen to what you 2 3 Honor that we did receive a letter from .
( ''ili i "X 24 haveto say, again, based on the status as described. I _ 24 Mr; Christensen -— ·
i i `'''‘'` A _ Page 39 Page 41 A
1 don't think it's fair for you to have to create a record 1 SPECIAL MASTER POPPITI: Okay.
2 without my having been informed beforehand. It's just 2 MS. HO: ~- providing a statusas to the '
3 not productive. 3 document review and document production, so we are
4 MR. MILLER: We can do briefing if we 4 continuing to try to work it out on that front. =
5 need to or address it offeline. 5 SPECIAL MASTER POPPITI: Okay. Good. _
6 SPECIAL MASTER POPPITI: I would prefer 6 E, please. -
7 you address it off··line, and if we need to develop it 7 MR. CI-IRISTENSON: I think E might be a 2
_ 8 further, we will wrap it into everything else that is 8 resolved. There were discussions -·- I wasnlt involved -- j
9 left undone today to be tumed around in short order. 9 but there have been some discussions, I believe, ;
10 MR. CI-IRISTENSON: That's fine. And I 10 Mr. Merideth can correct me if he disagrees, but I think
1 1 would just, you know, suggest, with respect to 1 1 there are some discussions that are ongoing trying to
12 Mr. Miller's accusations about checking facts, I would 12 work out the date for Mr. Linn's deposition, Your Honor. in
13 suggest he check all the relevant testimony and not 13 MR. MERIDETI-I: That‘s correct. We have,
14 selected testimony. · 14 as between counsel, agreed that June 12 would be the mos
15 SPECIAL MASTER POPPITI: Well, those 15 convenient date for the parties and the witness; however,
1 6 comments are for your editlcation. 1 6 there is one caveat, and, that is, we have not been able
17 MR. MILLER: I don't have all the 17 tolcontact Mr. Linn to confirm that to be the case. We
1 8 testimony. I only have the testimony that I can get from 1 8 don't have any reason to believe that it will be a I
19 prior counsel. I am happy to have Mr. Christensen give 19 problem. . _ 1
2 O me the testirnonyif there is other out there that makes 2 0 · SPECIAL MASTERPOPPITI: Okay. j
21 it seem different. _ . 2 1 MR. CHRISTENSON: I think we will
` 22 MR. CHRISTENSON: You shouldn't make 22 continue discussing that, Your Honor. I don't think
._ ___.____. · 23 accusations —— 23 there is any decision that needs to be made by you at j
2 4 SPECIAL MASTER POPPITI: Well, that's 2 4 this time. . V i
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Case 1:04-cv-00343-JJF

Document 661-3

Filed 05/10/2007

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