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Wl{l'l`El{’S DIRECT ACCESS
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BY HAND AND BY EMAIL
January 29, 2007
The Honorable Vincent J. Poppiti '
Blank Rome LLP
1201 Market Street, Suite 800
Wilmington, DE 19801
Re: LG.Philz;vs LCD C0., Ltd. v. ViewSonic, C.A. N0. 04-343 JJF
Dear Special Master Poppiti:
At the January 19, 2007 Hearing, Your Honor instructed LG.Philips LCD Cc., Ltd. ("LPL")
and Tatung Company and Tatung Co. of America (collectively "Tatung") to continue to negotiate
over the categorization of Tatung’s products into "mounting systems", and to submit a status
report concerning those negotiations on January 29, 2007. Pursuant to Your Honor’s instructions
and in addition to the proposal LPL had sent to Tatung on January 18, LPL submitted its second
proposal to Tatung on January 24 and asked for Tatung to respond by Friday, January 26 so that
Your Honor could be informed as to the status of the parties’ progress. (See Exhibit A.) To
date, Tatung has not replied to LPL’s proposals.
A LPL’s January 24m categorization proposal fairly asks Tatung to categorize its products
according to nine broad categories that are directed to all of Tatung’s products. These categories
not only capture all the possible permutations of rear mounting systems, but they also take into
consideration each parties’ proposed claim constructions. Importantly, LPL’s January 24th
proposal also makes clear that this entire categorization exercise could be avoided if Tatung
simply provides LPL with the categories that Tatung used in producing documents for both
Tatung Co. and Tatung America. Notably, this is something Tatung already represented to Your
Honor that it would do, but to date has failed to provide even a date certain by which it would do
so.
MS. HO: Having said that, during the parties’ meet and confer in December of last
year, we did explain to LPL that, for Tatung Company, we produced drawings that
showed the mounting systems used for most of our products. There were a couple that
were are still looking for technical documents for. But we told them that the documents
we have provided are representative of all of the mounting systems used, and we also
agreed to provide a list that would tell them which documents are representative of which
products and which documents would cover which product, and we have agreed to give
that to LPL.
(Tr. from January 19, 2007, p. 52, ll. 21 — p. 53,11. 8.)
650341-1
Case 1:04-cv-00343-JJF Document 423 Filed O1/29/2007 Page 2 of 3
The Honorable Vincent J. Poppiti
THE BAYARD FIRM January 29, 2007
Page 2
Given that at least the fact depositions in this case are scheduled to begin shortly, and
given there are less than nine (9) weeks to conduct that discovery, LPL cannot afford for Tatung
to delay the categorization process any longer. Accordingly, LPL respectfully requests that Your
Honor set a date and time in the very near future (if possible even before the next status
conference) for the parties to fully address this issue.
Respectfully submitted, C,
/s/ Richard D. Kirk (rk0922)
cc: Counsel as shown on the attached certificate
65034l-l
Case 1:04-cv-00343-JJF Document 423 Filed O1/29/2007 Page 3 of 3
CERTIFICATE OF SERVICE
The undersigned counsel certifies that, on January 29, 2007, he electronically
filed the foregoing document with the Clerk of the Court using CM/ECF, which will send
automatic notification of the filing to the following:
Jeffrey B Bove, Esq. Frederick L. Cottrell, III, Esq.
Jaclyn M. Mason, Esq. Anne Shea Gaza, Esq.
Connolly Bove Lodge & Hutz LLP Richards, Layton & Finger
1007 North Orange Street One Rodney Square
P.O. Box 2207 P.O. Box 551
Wilmington, Delaware 19899-2207 Wilmington, 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 will be sent by first class mail
to the following non—registered participants:
Scott R. Miller, Esq. Valerie Ho, Esq.
Connolly Bove Lodge & Hutz LLP Mark H. Krietzman, Esq.
355 South Grand Avenue Frank C. Merideth, Jr., Esq.
Suite 3150 Greenberg Traurig LLP
Los Angeles, CA 90071 2450 Colorado Avenue, Suite 400E
Santa Monica, CA 90404
Tracy Roman, Esq.
Raskin Peter Rubin & Simon LLP
1801 Century Park East, Suite 2300
Los Angeles, CA 90067
/s/ Richard D. Kirk grk922[
Richard D. Kirk
571447-I
Case 1:04-cv-00343-JJF
Document 423
Filed 01/29/2007
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Case 1:04-cv-00343-JJF
Document 423
Filed 01/29/2007
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Case 1:04-cv-00343-JJF
Document 423
Filed 01/29/2007
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