Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-00343-JJF Document 606 Filed O3/30/2007 Page 1 of 2
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March 30, 2007
BY E-MAIL & HAND DELIVERY
The Honorable Vincent J. Poppiti
BLANK ROME LLP
Chase Manhattan Center
1201 Market Street, Suite 800
Wilmington, DE 19801
Rc: LG.Pl2iljps LCD C0., Ltd v. ViewSonic Cmp, et ul., C.A. No. 04—343—~JJF
Dear Special Master Poppiti:
In anticipation of the next status conference with Your Honor on Friday, April I3 at
il:30 am., Tatung and ViewSonic wish to raise a simple issue discussed this week with
Delaware counsel for LPL. As Your Honor is aware, third-party discovery has been extended to
May ll, 2007. The current deadline for identifying prior art through interrogatory answers is
today. Defendants already have identified ali of the prior art currently in their possession and
have offered to make those products available for inspection by LPL. However, it is very
possible that defendants will receive or become aware of additional prior art which may be
relevant to this case. Mr. Heisman and I proposed to Mr. Kirk this week that the deadline for
supplementation ofdiscovery relating to prior art and invalidity be extended until May 30, 2007.
While we believe defendants have the right under the Federal Rules to supplement when
additional material becomes available to them, we did not want to let today’s deadline pass and
have LPL argue that additional discovery uncovered between now and May ll could not be used
by defendants in their invalidity defenses. Such an argument would have no merit in any event
because the parties agreed that third party discovery (including discovery issued by the
Defendants to third parties regarding prior art) would be globally extended to May ll, 200'L
Of course, if Mr. Kirk agrees, we can file a stipulation before the April 13 hearing.
RLF1-srsasso-1

Case 1:04-cv-00343-JJF Document 606 Filed O3/30/2007 Page 2 of 2
The Honorable Vincent J. Poppiti
March 30, 2007
Page 2
Respectfuliy,
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Frederick L. Cottrell, III (#2555)
FLC,IlI/afg
cc: Clerk ofthe Court (By Electronic Filing)
Richard Kirk, Esquire (via electronic mail)
Cormac T. Connor, Esquire (via electronic mail)
Lora Brzezynski, Esquire (via electronic mail)
Mark Krietzman, Esquire (via electronic mail)
Scott R. Miller, Esquire (via electronic mail)
Jeffrey B. Bovc, Esquire (via electronic mail)
Tracy Roman, Esquire (via electronic mail)
RLF-1-2123530-1

Case 1:04-cv-00343-JJF

Document 606

Filed 03/30/2007

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Case 1:04-cv-00343-JJF

Document 606

Filed 03/30/2007

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