Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-00343-JJF

Document 545-4

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Case 1:04-cv-00343-JJF

Document 545-4

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

LG.PHILPS LCD CO.,,LTD., Plaintiff,

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TATUNG CO.; TATUNG COMPANY OF AMERICA, INC.; AND VIEWSONIC CORPORATION, Defendants.
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Civil Action No. 04-343 (JJF)

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PLAINTIFF'S NOTICE OF RULE 30(B)(6) DEPOSITION OF VIEWSONIC CORPORATION

PLEASE TAKE NOTICE that Plaintiff LG.Philips LCD Co., Ltd. ("Plaintiff or "LPL,") will talce the deposition of Defendant ViewSonic Corporation ("ViewSonic"), pursuant to Fed. R. Civ. P. 30(b)(6), beginning on January 30,2007 at 9:30 a.m. and continuing at 9 3 0 a.m. each day. Tlte deposition will talce place at the offices of The Bayard Firm, 222 De1awal.e Avenue, 9th Floor, Wilmington, DE 19899-51.30. The deposition will be talcell before a notary public or court reporter, duly authorized to the of administer oaths and t~ansc~ibe testi~nouy the deponent(s) The deposition will be the videotaped, may use teclulology that pei~nits real time display of the deposition computer, and will continue from day to transcript for attendees who bring a co~npatible or day until co~l~pleted adjourned if authorized by the Court or stipulated by the parties. (but are not limited to) the subjects The subjects covered in the deposition will i~lclude listed on Attaclul~ent to this Notice. Pursuant to Fed. R. Civ. P. 30(b)(6), ViewSo~lic A is required to designate and prepare one or more persons to testify at the deposition as to the facts and inforlnation known or reasonably available to ViewSonic

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THE BAYARD FIRM IS/ Richald D. Kirk (rk0922) Richard D. Kirk Ashley B. Stitzer 222 Delaware Avenue, Suite 900 P.O. Box 25130 Wiln~ington, DE 19899-5130 (302) 655-5000 rlcirk@ bayardfirm.com Counsel for Plaintiff' LG.PHILIPS LCD CO., LTD.

OF COUNSEL: Gaspare J . Bono Re1 S. A~nbrozy Lora A. Brzeznslci Cass W. Cl~istenson McKenna L.ong & Aldr.idge LLP 1900 K Street, NW Washington, DC 20006 (202) 496-7500

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ATTACHMENT A - DEPOSITION TOPICS AND DEFINITIONS Definitions Applicable to Topics to be Addressed at the De~osition For purposes of this Attachment, you should use the following definitions for the ternis used herein. These definitions of terms are for purposes of discovery only, and not to be constlued as liniiting or reflecting LPL's position in this case regarding claim constructio~l any other issue. LPL specifically reserves the right to use different ternis, or or to assert diiTerent meanings, for all purposes in this case (including, for exzi~ple, with respect to clainl construction, infringement analysis, and validity analysis). 1. "ViewSonic," "you," and "your" as used herein, means Defendant

Viewsonic Corporation, and all persons or entities acting or purporting to act on your behalf, and any affiliates of ViewSonic, including, but not limited to, entities, divisions, and affiliates located in Taiwan.
2.

"Plaintiff' refers to the Plaintiff in the above-captioned lawsuit as well as

its affiliates.
3.

"The '718 Patent" means United States Patent No. 6,498,718, attached as

Exhibit A to the Plaintiffs Complaint in Civil Action No. 04-343-JJF. 4, "The '641 Patent" liieans United States Patetit No. 6,501,641, attached as

Exhibit B to the Plaintiffs Complaillt in Civil Action No. 04-343-J6F.
5.

"Patents-in-Suit" refers either individually or collectively to United States

Patent No. 6,498,718 and United States Patent No. 6,501,641. 6. "Affiliate(s)" rneans any corporation or other entity that controls, is

controlled by or is under conlnlon control with tlie identified corporation or entity, including without limitation partnerships, parents, subsidiaries and divisions

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7.

"Any" means each and every. The con~iectives"and," "or," and "and/orn shall be const~ved either

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disjunctively or co~ijunctively as necessary to bring within the scope o f these interrogatolies (or, i f applicable, document requests) all infornlation that might otherwise be construed to be outside o f their scope.
9.

"Con~munication"means, without limitation, every manner or nieans of

statement, utterance, notation, disclaimer, transfer or exchange o f inforlnation between two or Inore persons o f any nature whatsoever, by or to whomever, whetl~eroral or written or whether face-to-face,by telephone, email, mail, personal delivery or otherwise, includi11g but not limited to, letters, correspondence, conversations, memoranda, dialogue, discussions, meetings, interviews, consultations, agreelnents and other understandings.
10.

"Concern" and "concerning" are used in their broadest sense and ernbrace

all matter relating to, referring to, describing, discussing, evidencing or constituting the

referenced subject. 11. "Discuss," "discussing," "relate to" "relating to," "support" or

"supporting" means in any way directly or indirectly, in whole or in part, discussing, referring to, regarding, constituting, concerning, about, pertaining to, relating to, reflecting, considering, underlying, modifying, amending, confirming, mentioning, endorsing, evidencing, summarizing, memorializing, describing, discussing, analyzing, evaluating, representing, supporting, qualifying, tenninating, revolting, canceling, or negating.

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"Document" means all types of documents and tl~ingsembraced within

Federal Rule of Civil Procedure .34 arid includes, without limitation, any writing and each original, or a copy in the absence of the original, and every copy bearing notes or nlarkings not present on the original or copy, of the following items, however produced or reproduced, nanlely: boolts, accounting records of any nature whatsoever, agreements, communications, con.espondence, facsimiles, telegrams, emails, cable, telexes,

memoranda, recordings, studies, su~nmaries or records of telephone conversations, s~unmaries records of personal conversations or interviews, diaries, letters, forecasts, or statistical statements, graphs, laboratory or engineering reports and records, noteboolcs, cbarts, plans, sketclies, drawings, video tapes, films, slides, inforination bearing photographic products of any nature whatsoever, photo-records, microfilms, tape recordings, minutes or records of meetings or conferences, expressions or statements of policy, lists of persons attending ~neetingsor conferences, reports or summaries of interviews, reports or sullnnaries of investigations, opinions or reports of consultants, patent studies, or opinions of counsel, records, reports or summaries of negotiations, sales literature of any nature whatsoever, brochures, catalogues, catalogue sheets, pamphlets, periodicals, advertisements, cir.culars or trade letters, press releases, trade releases, publicity releases, new product releases, reprints, drafts of any documents, worlcing papers, indices, original or preliminary notes, computer printouts, floppy dislcs, hard drives, CD-ROMs, magnetic tapes and other data co~npilationsfrom which information can be obtained or translated, if necessary by the defendant through detection devices into reasonably usable foiln. The tern1 document also refers to any tangible object other tllan

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a docu~nentas described above, and i~lcludesobjects of every lcind and nature such as, but not limited to, prototypes, models, and specimens. 13. "Flat panel display," also referred to as "flat display p a ~ ~ e lmeans for "

purposes of tltis deposition only, a component within the flat panel display device on which ail image may be viewed; or the layer of a display device on which the image appears; and ally definition adopted by tile Court.
14.

"Flat panel display device" meails for purposes of this deposition only an

fiame(s); or a sandwich of apparatus having at least a flat display panel and s~~pporting layers iucludi~lg flat display panel, asse~nbled a device, along the edges of the layers a as of the first and second f r a ~ ~ lor; a sandwich of layer.s, illcludi~lg flat display panel, held e a together by a first frallle and a second fra~lle fonn a display device; and any definition to adopted by the Court.

15.

"Housing" Itleans for purposes of this deposition o111y a11 outer casing or

enclosure; or the case and body of a portable computer; or the display caselcase and body of a portable computer; and any definition adopted by the Court. 16. fort11: (a) (b) (c) if applicable. the full name of the company; tile full ltarne of the division or o f i c e involved, if applicable; and the address of the company and of the division or office involved, "IdentifL" used in respect to a colnpany or covorate entity meaits to set

17.

"Identify" used in respect to a document or thing means:

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(a)

to provide a brief description of such document or thing, including

date, author, recipients, type, and content or substance; (b) (c) inspected; and (d) if a copy of the documetlt has been supplied to Plaintiff, to so state to identify the custodia~~ the document or thing; of to identify the place where the document or thing inay be

and specifically identify the copy supplied by reference to productioil numbers or other identifying inibrmation.

18.

"Identify" used with respect to a ilatural person meails to state: (a) (b) (c) (d) the full name; the present or last lu~own business and residence addresses; the last known employer or job affiliation; and the last lcnowll occtipation and business position or title held.

As to present or fonuer government employees, state the govenlrnent elnployer for. each position held, the starting and endiilg date for each position, and the job description and title for each position held. Also, state the person's responsibilities with regard to any coiltract specified in the interrogatory. 19. "hnport" or "iinportation" has the salne meaning as in 35 U.S.C.

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and applicable case law. 20. law. 21. case law. "Offer to sell" has the same meaning as in 35 U.S.C. "Malce" has the same meaning as in 35 U.S.C

5 271 and applicable case

5 271 and applicable

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22.

"Person" nleans any natural person, firm, association, partnership,

corporation, or other form of legal entity. 23. "Prior art" has the same meaning as defined in U.S. patent law, including

in .35 U.S.C. $5 102 and 103, and applicable case law. 24. "Sell" or "sale" has the same meaning as in 35 U.S.C. $ 271 and

applicable case law. 25. "Type of visual display product" nxeans the nanle or alpha numeric

identifier by which a given visual display product can be identified. The ViewSonic VX900 is an example of a type of ViewSonic visual display product. 26. "Visual display product" nleans any flat panel computer monitor, flat

panel television, andlor laptop coinpuler that uses, contains or incorporates without limitation, one or more LCDs, PDPs and/or FEDs. This includes all such products, regardless of brand name, and tl~usincludes, but is not limited to, ViewSonic brand products. 27. versa. The use of the singular form of any word includes the plural and vice

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Topics to be Addressed at the Deposition

I.

The structure o f the visual display products and the method o f asselllbling

the visual display products, inai~ufacturedb y or for you, and shipped, imported, sold a11dlor offered for sale in or to the United States since Ja~mary1 , 2000, including the structure and method o f assemblillg the flat panel display and flat panel display device contained in each o f those visual display products, as well as the use, placement, location, function, and puvose o f fastening part(s), fastening hole(s), and fra~nes associated with that structure and method o f assembling each o f tllose visual display products.
2.

The conception, design, and developme~lto f your visual display products

including for example, the dete~nli~latioll f which structures, methods o f assembling, o compo~leiltsandlor parts to use in the lna~lufactureandlor asselnbly o f visual display products manufactured or asselnbled by or for you, including but not limited to: i) all specifications , drawings, and illst~uctions related to the mounting technologies, methods, components, pats, structures, andlor processes; and ii) the identity o f the iildividuals that were responsible for andlor illvolved in malting those deterininations (e.g, you, your customers, your suppliers, or others); and iii) at what point in the conception, design and developmetlt process such determi~latio~ls made (product design, procurement, are assembly, etc.)
3.

The evolution o f the mounting technology used in the visual display

products ma~lufacturedor assembled by or for you, and shipped, imported, sold andlor offered for sale in or to the United States since January 1 , 2000, including: i ) ally attempts by you or by your manufacturers or your assemblers, to design around the Patents-inSuit; ii) the reasons why you selected, developed andlor approved any particular

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mounting technology or method for assembling for use in any particular visual display product; and iii) all methods for asseillbly and/or teclmologies that you rejected or modified related to mounting or assembly of visual display products, including how and why you rejected or modified each such method or technology.

4.

Any infringement analyses, inspections, investigations or testing, whether

performed or autllored by you or for you, including, but not limited to, infringement
analyses, inspections, investigations, or testing involving the mounting teclulologies, methods of assembly or processes employed in your visual display products with respect to the Patents-in-Suit, and including, but not lii~lited claim charts, reverse engineering to, reports, and concl~~sio~ls reached for any such infringeillent analyses, inspections, investigations, or testing.

5.

Any and all technical, economic, or other advantages, benefits, or

disadvantages, concerning tile use of mounting structures and methods of assembly claimed in the Patents-in-Suit, and any comparisons or analysis conducted by you or for you coilcerning the mounting of flat panel displays or flat panel display devices used in visual display products manufactured by or for you, and shipped, imported, sold and/or offered for sale in or to the United States since January 1,2000.

6.

All con~municationsand docuillents involving you and concerning the

assenlbly of visual display products shipped, imported, offered for sale or sold in or to the United States since January 1, 2000, incl~idiilgwith respect to the mounting of LCD or plasma modules or panels.
7.

All docunlents r.eflecting ViewSonic's knowledge or approval of the

assembly and/or mounting technologies or specifications concerning any visual display

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products imported, offered for sale or sold in or illto the United States since January 1, 2000. 8. Your coiltentions regarding the validity of the Patents-in-Suit, as well as

ally specific facts, opinions, prior art, and docuineilts that support those contentions, i~lcludi~lg each prior art product or reference that you rely on, the facts relevant to for whether that assel.ted prior art qualifies as prior art andlor supports any defenses, including, for example, facts regarding the dates, conception, design, development, mailtifacture and distribution of all prior art products and references.

9.

The bases for each of the Affirmative Defenses and ally other defenses

asserted by you in relation to this lawsuit, includiilg, for example, the facts and docu~llei~ts conceilliilg each of your Affirmative defenses. 10. Your positioil and coilteiltio~lsconcellling whetl~eror not the Patents-in-

Suit are infringed by one or more of your visual display products, literally andlor tinder the doctrine of equivaletlts, as well as the factual basis, responses to LPL's Interrogatories, and docuineilts co~lcer~li~lg position. such 11. Your positioil and coilteiltions concerning whether the Patents-in-Suit are

unenforceable for ally reason, as well as the factual basis, responses to LPL's Interrogatories, and doc~in~eilts co~lcerlli~lg position. such 12. All imports, shipments, sales and/or offers for sale in or to the United

States by or for you or your customers, directly or indirectly, including, by model, the products sold to each customer or importer, and co~respoildiilg revenue, cost, profit, and gross margin i n f o r ~ ~ ~ a tfor i each product, and the brand name(s) associated with all io ~ suclt products, since January 1, 2000.

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13.

Each type of visual display product manufactured by you or for you, and

the custon~ers,importers, shippers, distributors, and retailers that bought, sold, imported, and transported such products in or to the U.S., directly or indirectly, since January 1, 2000. 14. The product brand(s), description(s), designation(s), naming conventions,

aud model ~~umber(s) associated with each visual display product made, shipped, imported, andlor sold by or for you or your customers, in or to the US., since 2000, includillg both internal info1111ation and inforlnation used to describe or nlarlcet products to CoIlsulllers and end users, and how the naming conventions pe~tain the colnponents to andlor structure of a given visual display product. 15. The identity of the persons that have manufactured, sold, purchased,

imported, shipped, distributed, and serviced or repaired in or to t11e U.S. visual display products manufactured by or for you, and the extent to which you have the ability and legal right to obtain doc~~ille~lts relevant to this case from each such person. 16. The identity of the manufacturers, systems integrator(s), suppliers, and

custo~uers that have made, ma~lufactureda11dIor assembled each type of visual display product manufactured, imported, sold, andlor offered for sale, in or to the United States by or for you since January 1,2000. 17. For each 111011th and year since January 1, 2000, your estimated, projected

I forecast, and actual sales, revenues, profitability, gross profit, operating profit and profit margins related to all of your visual display products, and the way(s) that you have calculated, accounted for, and reported all such amounts, and to whom reported,

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18.

Since January 1, 2000, the extent to which you have, or that you have

encouraged others to, purchase, import, distribute, sell, offer to sell, marlcet, a ~ ~ d l o r advertise visual display products that have entered the U.S. marlcet, as well as all docu~ile~lts concerning such matters, including, but not linlited to, correspondence, product saniples, sales summaries, database information, brochures, marlceting plans, sales literature, advertisements, and product road maps, timelines, descriptions, and specifications.

19.

The extent and ways i11which the visual display products made by you or

for you, including outside of the US., are or have been niarlceted, sold, offered for sale, and/or imported into the US., directly or indirectly, and by whom, since January 1,2000. 20. Conlnlunications and documents concerning you or visual display

products made by you or for you, and any custonler or colnpany that sells visual display products in the U.S. or any brand of visual display products sold in the U S . , including, for exa~nple,meetings, visits, conferences, teleconferences, memoranda, and product road maps, since Ja~luary1, 2000. 21. Commu~~ications and documents concerning the U S . marlcet, and

consumer demands and preferences in the U.S, marlcet, related to visual display products, since January 1, 2000, including your employees, offices, and visits in or co~~cer~ling the U.S, 22. All licenses, royalties, and/or technology transfer agreements that pertain

to visual display products and/or n~ounting teclmologies used in visual display products to which you are a party, assignor, assignee, or beneficiary.

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23.

The value to you of the Patents-in-Suit and the technology reflected in

those Patents, assuming that the Patents are valid and infringed, and the metl~odsby which you would determine such value, including all policies, practices andlor relevant factors you have used or deem relevant when negotiating the tenns of any licenses, royalties andlor technology transfer agreements conce~ningvisual display products andlor mounting teclmologies, since January 1, 2000. 24. All types of customer and product support that you have offered, provided,

or contracted for conceniing visual display products made, imported, or sold in the U.S., including, for example, product warranties and authorized service and repair providers, as well as any docunients related to such customer and product support. 25. All conduct by you, and documents, concerliing or encouraging the

importation, sale, andlor offer for sale of visual display products made by or for you, by any custonler or company that has iniported or sold visual display products niade by or for you since ,January 1, 2000, including, for example, contracts, negotiations, meetings, transactions, business relationships, rebates, subsidies for product advertising or promotion, andlor inforillation sharing, between you and such customers and companies.

26.

When and how you first becanle aware of each of the Patents-in-Suit,

including, but not limited to, the date of your first actual notice or awareness of each of the Patents-in-Suit and from what source(s), and ally patent searches by or for you that included or listed either of the Patents-in-Suit. 27. Your efforts to avoid infringing the Patents-in-Suit since the time tliat you

first learned of the Patents-in-Suit, including, but not limited to, all attempts by or for you to obtain and rely on any advice of counsel, undertake any investigation or analysis,

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change or consider changing the design, mounting, or assembly concerning any visual display products including the flat panel display and/or flat panel display device andor housing contained in the visual display products, or talce any steps to exercise due care not to infringe.
28.

Your effor.ts to gather and search for infor~nation and documents

responsive to each o f the discovery requests propounded on you by Plaintiff, including: the locations and sources searched; the persons interviewed and responsible; what was done to preserve and produce electronically stored information, documents, data, and visual display products, including, for exanlple, discovery in the possession or control o f ViewSonic, Sally Wang, To~nlny Robert Ranucci, Mike Zaplca, Jeff Volpe, Vivian Jue,
L,iu, and Tse Rong Lee.
29.

The persons lu~owledgeable and/or responsible regarding the assen~bly f o

the your visual display products, incl~tding methods used to mount and/or assemble flat panel displays and flat panel display devices with respect to such products; your relatio~lsllipswith custonlers and suppliers regarding visual display products; and the impoitation, sale, or offers to sell visual display products made by or for you in or to the United States since January 1 , 2000, and documents concellling your organizational and departmental structure, hierarchy, and chain o f command.
30.

Your communications, including s~tbmissionsfiom you, as well as to,

fro111 or with industry or nlarket research firn~ssince January 1 , 2000, such as, for example, DisplaySearch, and/or your use o f information or data conlpiled or disclosed by those industry research firms, concerning visual display products or any markets for visual display products.

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CERTIFICATE OF SERVICE

The undersigned counsel certifies that, on December 5,2006, he electronically filed the foregoing document with the Clerk of the Court using CWECF, which will send automatic notification of the filing to the following: Jeffrey B Bove, Esq. Jaclyn M. Mason, Esq. Connolly Bove Lodge & Hutz LLB 1007 North Orange Street P.O. Box 2207 Wilrnington, Delaware 19899-2207 Frederick L. Cottrell, 111, Esq. Anne Shea Gaza, Esq. Richards, Layton & Finger One Rodney Sqare P.O. Box 551 Wilmingtan, DE 19899

The undersigned counsel further certifies that copies of the foregoing document were sent by hand to the above counsel and by email and first class mail to the following non-registered participants: Scott R. Miller, Esq. Connolly Bove Lodge & Hutz LLP 355 South Grand Avenue Suite 3150 Los Angeles, CA 90071 Valerie Ho, Esq. Mark H.Krietzman, Esq. Frank C. Merideth, Jr., Esq. Greenberg Traurig LLP 2450 Colorado Avenue, Suite 400E Santa Monica, CA 90404

Tracy Roman, Esq. Bingham McCutchen LL.P 355 South Grand Ave., 44th Floor Los Angeles, CA 90071-3106

Is1 Richard D. Kirk (rk0922) Richard D. Kirk