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Case 1:04-cv-00343-JJF Document 562-3 Filed O3/O9/2007 Page1 of 3

Case 1:04-cv-00343-JJF Document 562-3 Filed 03/09/2007 Page 2 of 3
Connor, Cormac
From: Klevens, Shari
Sent: Thursday, March 08, 2007 3:26 PM
T0: RE/\RNIOUNT—MLA
Subject: FW: LG.PhiIips LCD Co., Ltd. v. Tatung, etal., CA. No. 04-343-JJF
—·—-- Original Message ——·——
From: Piraino, Russ [[email protected]]
Sent: Thursday, March 08, 2007 3:06 PM
To: Klevens, Shari
Subject: RE: LG.Philips LCD Co., Ltd. v. Tatung, et al., C.A. No. 04-343-JJF
Shari:
I understand that Phillips intends to file a motion for protective order with regard to
this subpoena. In light of this, Tyco will await the disposition of this motion by the
court before providing any material in response to the subpoena. Thank you.
Russ Piraino
-——-- Original Message -----
From: Klevens, Shari [mailto:[email protected]]
Sent: Thursday, March 0l, 2007 3:27 PM
To: Piraino, Russ
Subject: LG.Philips LCD Co., Ltd. v. Tatung, et al., C.A. No. 04—343—JJF
Dear Russ:
This email is a follow up to our discussion this afternoon regarding Plaintiff LG.Philips
LCD Co., Ltd.'s ("LG") third party subpoena
("Subpoena") to Tyco International, Ltd. ("Tyco") in the referenced action. I understand
that your investigation related to the Subpoena has revealed that Tyco does not merely
resell products purchased from Tatung and ViewSonic, but rather that any Tatung and/or
ViewSonic products are incorporated into a limited number of custom—made products
manufactured and sold by Tyco. I further understand that such purchases account for less
than 1% of Tyco's overall products sold.
In light of the above, LG is willing to limit its document requests if Tyco is willing to
fully comply with the Subpoena as limited to the
following:
1. A sales summary consisting of a printout from Tyco's sales database.
The summary should reflect the purchase price, brand name, model number, quantity, and
sales price of the products sold by Tyco and a sales summary showing all of this
information for the products purchased by Tyco from each defendant. These documents
should also show the correlation between the Tatung or ViewSonic model number and Tyco's
model numbers.
2. All contracts, supply agreements, and licenses between Tyco and Tatung or ViewSonic.
3. Documents related to the technical specifications, manufacturing, or assembly of Tatung
and ViewSonic products, including any drawings and/or narrative descriptions of same.
4. Documents sufficient to identify OEMs or ODMs that manufactured Tyco's products
incorporating visual display products manufactured by Tatung or Viewsonic, agreements or
other documents that mention Tatung or ViewSonic between Tyco and any OEMs, and documents
sufficient to show that Tatung or ViewSonic had knowledge of such agreements (such as
correspondence with Tatung or ViewSonic).
5. Documents relating to product support or service on Tyco's visual display products
provided by Tatung or ViewSonic through a warranty or otherwise, including documents
reflecting warranties provided by Tatung or ViewSonic, and documents reflecting any type
of repair assistance or help desk assistance, including setting up repair centers in the
US.
As we discussed, we agree to extend Tyco's deadline for producing the requested documents
until March 12, 2007. Further, after a review of the documents produced by Tyco in
response to the Subpoena, we will determine whether a deposition, currently scheduled on
March 19, will be necessary. We are hopeful that a deposition will not be required,
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especially if we can obtain an affidavit from Tyco in lieu of deposition testimony.
Please contact me if you have any further questions.
Regards,
Shari
Shari L. Klevens
McKenna Long & Aldridge LLP
1900 K Street, NW
Washington, DC 20006
tel 202.496.7612
fax 202.496.7756
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