Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-00343-JJF Document 428 Filed O1/30/2007 Page 1 of 2
RICHARDS, LAYTON & FiNGi":".ZR
A F-’RDF'E5SlCJNAL ASSOCFATION
Ont: Rooney Sooner:
ANNE SHEA GAZA 9EO NORTH KING $"I‘FQ£ZET DMECT DW-
wrmineron, Derawane tenor t3¤2>ee¤·re3e
tsoai ee 1~·y·:oo G"”@F°l‘F COM
rmx (som een-won
WWW.,RLF.COM
January 30, 2007
VIA EMAIL AND HAND DELIVERY
The Honorable Vincent J. Poppiti
Blank Rome LLP
1201 Market Street, Suite 800
Wilmington, DE l980l
Re: LG.Phifip.r LCD Co., Llc!. v. ViewSonic Corp, et cz]., CA. No. 04-343-JJF
Dear Special Master Poppiti:
On January 29, 2007, counsel for LG. Philips LCD Cor, Ltd. ("LPL") wrote to Your
Honor suggesting that the Tatung defendants have been less than cooperative by failing to agree
with LPL’s definitions contained in Mr. Christenson’s letter of January 24, 2007, which was
attached to Mr. Kirlds letter, This subject was addressed during the last telephonic hearing with `
Your Honor and the parties were specifically instructed at that time to meet and confer on this
issue. See letter iiom Jaclyn Mason, dated January 22, 2007i
Needless to say, the parties have been and continue to meet and confer on this subject.
At this time, there is no motion pending on this issue. Against this backdrop, LPI./s unilateral
January 29, 2007 submission is inappropriate. While Your Honor requested an update by
January 29, 2007 regarding the status of the parties’ discussions, LPL’s January 29 letter is
completely one—sided and unfairly implies that the Tatung defendants are unreasonably delaying
and disagreeing with Li°L’s proposals, to the contrary, the Tatung defendants are continuing the
dialogue with LPL on this issue and are hopeful that they can reach a mutually satisfactory
agreement with LPL so as to avoid troubling Your Honor with this issue.
LPl..’s continued practice of "record 1naking" is not called for under the Local Rules or
the Special Master’s procedures particularly where the meet and confer process is still ongoing.
ln addition, LPL’s practice of presenting argument through status letters simply should not be
countenanced since there is no motion pending or relief sought and the parties have not
concluded the rneet and confer process Tatung does not believe that Mr. Kirl<’s partisan
"progress report" on the parties’ negotiations is appropriate or conducive to reaching a
negotiated resolution. The Tatung defendants respectfully propose that the parties provide Your
I-lonor with a truly joint status report at the conclusion of the meet and confer process, To this
RLFI-3il0l¢i4-1

Case 1:04-cv-00343-JJF Document 428 Filed O1/30/2007 Page 2 of 2
The Honorable Vincent J. Poppiti
January 30, 2007
Page 2
end, the Tatung defendants suggest that the _joint status report on this issue be due on or before
February 5, 2007,
As always, counsel is available at Your I~tonor’s convenience to discuss this or any other
issue in the above··ret`ereneed case.
Respectfully,
Anne Shea Gaza (#4093) ( l
ASG/afg
cc: Clerk ofthe Court (via hand delivery)
Richard D. Kirk, Esquire (via hand delivery)
J effrey B. Bove, Esquire (via han delivery)
Lora At Brzezynski, Esquire (via Federal Express)
Tracy R. Roman, Esquire (via Federal Express)
Scott R. Miller, Esquire (via Federal Express)
RLFE-3ll0E4¢l··l

Case 1:04-cv-00343-JJF

Document 428

Filed 01/30/2007

Page 1 of 2

Case 1:04-cv-00343-JJF

Document 428

Filed 01/30/2007

Page 2 of 2