Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-00343-JJF Document 587 Filed O3/15/2007 Page 1 of 3
Riciaanos, L.A·rr0N & Fiweette
A PRDFESEKJNAL ASSOCIATION
Ona Roomav Sonatas;
920 Noam Kazuo Starter
ANNE SHEA GMA WILMINGTON, DELAWARE IQBOI Dmecr Dust.
(aca} as i-7700 ':;i;°C5§L;;;;g
FAx(3O2>65t-7701
WWWl§*?LF‘..C€J¥~1
March 15, 2007
BY E-MAIL & HAND DELIVERY
The Honorable Vincent J. Poppiti
BLANK ROME. LLP
Chase Manhattan Center
120} Market Street, Suite 800
Wilmington, DE l980l
Re: LG.Phih}2s LCD C0., Lid. v. ViewSonic Coigp, et nl, CA. No. 04—343—J`.lF
Dear Special Master Poppiti:
Your Honor has established procedures and a schedule for motions addressing discovery
disputes in this action. While Your Honor has accommodated the parties by hearing various
pressing issues on a somewhat informal and expedited basis, we do not believe that the meet and
confer requirement has been obviated. However, LG Philips LCD Co., Ltd. ("LPL") has
reverted to tiling letters on nearly a daily basis that amount to nothing more than a running
commentary on its perception of discovery compliance by the defendants. There has been no
effort to meet and confer or otherwise vet LPL’s assertions before they are presented to Your
Honor. Most of the LPL’s complaints are completely groundless and arise as a result of
misunderstandings about what has been produced and what has not. The legitimate complaints,
from the Tatung Defendants vista, have been resolved. Nevertheless, the barrage of
correspondence from LPL creates the false impression that the Tatung Defendants have not
complied with their discovery obligations. The Tatung Defendants respectfully request that
Your Honor require that all parties meet and confer in good faith to resolve discovery issues
before presenting them on an emergency or any other basis.
Mr. Kirlds letter of March 14, 2007, is an example of the waste of time and
misimpression that can be created by presenting complaints without first discussing and
attempting to resolve them with opposing counsel on a good faith basis. Each of the "points"
raised by Mr. Kirk are addressed by the number and topic set forth in the March i4, 2007 letter.
RLFE-3127461-1

Case 1:04-cv-00343-JJF Document 587 Filed O3/15/2007 Page 2 of 3
The Honorable Vincent J. Poppiti
March l5, 2007
Page 2
1. Sales~Related Reports
The Global Monthly Sales Reports do not report monitor or television sales in the United
States by model number. This Report lists the volume of sales by size of product on a worldwide
basis. it is not linked to accused products sold by retailers and resellers in the United States and,
thus, its production is subject to the Tatung Defendants’ objection that confidential information
not linked to accused products is not relevant, will not lead to the discovery of admissible
evidence and should not be produced. lt is well established that there can be no infringement of
United States patents unless an accused infringer has made, used, sold, or offered for sale the
allegedly infringing product in the United States or has induced someone else to make, use, sell
or offer for sale the allegedly infringing product in the United States.
Mr. Tsou, a Tatzmg Compcmy of America, Inc. ("”l`atung America") employee, testified
correctly about Tatung A.merica’s practices regarding sales—related reports. Moreover, Tatung
America has already produced to LPL the sales information by model and quantity for all
products. Sales information by customer has also been provided for accused products. AS LPI,
has been advised, however, such reports are not available at Talzmg Compcmy.
2. Profit Information
Tatung Company does not compute profit information by product. Tatung America does
compute profit information by product and this information has been provided to the extent it is
available for accused products.
3.. Product Plans and Road Maps
Mr. Jaclcson Chang testified that the “product plan" and “product roadmap" are part of
the presentation materials referenced below. The 2007 document that was produced indicates
that Tatung Company hopes to sell products in the European and United States markets, While
LPL was aware of this document, it did not to question Mr. Chang or Mr. Calvin I-Io about it
even though LPL had plenty of time to do so.
4. Presentations
Mr. Chang’s Power Point Presentation on his computer, which was referred to in his
deposition, is for EMEA (Europe Middle East/Africa) and is not relevant to any claims or
defenses in this case. Nevertheless, Tatung Company is searching for additional presentations
and will produce any non-privileged, responsive presentations.
rar 1-3 12746l-1

Case 1:04-cv-00343-JJF Document 587 Filed O3/15/2007 Page 3 of 3
The Honorable Vincent J. Poppiti
March 15, 2007
Page 3
5. Compliance with Regulations
None of the accused products require FCC approval. Accordingly, no FCC approvals
were obtained and, therefore, there were no FCC approvals to produce. LPL does not dispute
that UL compliance documents were produced.
6. License Agreements
We have been unable, due to time differences, to obtain the ITRI license, but will
produce the ITRI license as soon as it becomes available.
7. Reievant Communications with Customers
Tatung Company has produced the documents in these categories that reference accused
products. With respect to the three new accused products identified in LPL°s most recent
suppiemental interrogatory responses served on or about March 2, 2007, Tatung Company is still
searching for any responsive communications that pertain to these products. Any responsive
documents will be produced as soon as possible.
Respectfully,
'\
I I J
@2/o2»tr,_)h¤%
Anne Shea Gaza
(#4093)
ASG!afg
cc: Clerk of Court (via CM/ECF)
Richard Kirk, Esquire (via electronic snail)
Cormac T. Connor, Esquire (via electronic mail)
Mark Krietzman, Esquire (via electronic mail)
Scott R. Miller, Esquire (via electronic mail)
feffrey B. Bove, Esquire (via electronic mail)
rtr..r=1-srznsz-1

Case 1:04-cv-00343-JJF

Document 587

Filed 03/15/2007

Page 1 of 3

Case 1:04-cv-00343-JJF

Document 587

Filed 03/15/2007

Page 2 of 3

Case 1:04-cv-00343-JJF

Document 587

Filed 03/15/2007

Page 3 of 3