Free Letter - District Court of Delaware - Delaware

Case 1 :07-cv—00680-IVIPT Document 66 Filed 06/06/2008 Page 1 of 2
PRICKETT, JONES & ELLIOTT
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June 6, 2008
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The Honorable Mary Pat Thynge, U.S.M.J.
United States District Court
844 N. King Street
Wilmington, DE 19801
Re: Innovative Patents, L.L.C. and Forcefield, LLC v. Brain-Pad, Inc.,
Docket No. 07-cv-680-MPT
Dear Judge Thynge:
On behalf of plaintiffs Innovative Patents, L.L.C. and Forcefield, LLC ("Innovative"), we
write concerning the status of the plaintiffs' efforts to obtain a date for the deposition of Joseph
Manzo. During the teleconference with Your Honor last Thursday, May 29, 2008, the Court
ordered defendant Brain-Pad, Inc. ("Brain-Pad") to produce Mr. Manzo for a deposition in the
tirst half of June 2008. Although the first week of June is now over, Brain-Pad still has not
provided us with a date for the deposition.
Since the May 29 teleconference, Innovative has repeatedly attempted to secure dates
from Brain-Pad for Mr. Manzo‘s deposition. Innovative contacted Brain-Pad’s counsel by email
on June 2, 2008, asking for dates. Brain-Pad's counsel responded that although Mr. Manzo was
traveling, counsel expected to hear from him about his availability for deposition by Tuesday,
June 3 or Wednesday, June 4. When Innovative received no subsequent communications from
Brain-Pad, we sent follow-up correspondence to Brain—Pad’s counsel on June 4, 2008 and again
on June 5, 2008, but received no response.
As Brain-Pad is aware, due to previously scheduled vacations, it will be difficult for
Innovative's counsel to conduct Mr. Manzo‘s deposition from June 23, 2008 through the middle
of July. If Mr. Manzo’s is not produced by June 20, 2008, his deposition will need to be pushed
back past the middle of July. For the reasons discussed with Your Honor last week, this delay is
unacceptable. I
I During the May 29 teleconference, the Court also ordered that the deposition of Innovative’s principal and
inventor ofthe patent-in-suit, Carl Abraham, also proceed promptly. Although Mr. Abraham was initially
unavailable to be deposed in June due to prior commitments related to a trial in Florida, Mr. Abraham was able to
rearrange his schedule and Innovative offered him for deposition on June 19, 2008. After Brain-Pad rejected that
date, Mr. Abraham, at great inconvenience, rearranged his schedule again and will be available for deposition on
June 20, or during the week ofJune 23, 2008.
20368.l\370334v1


Case 1:07-cv—00680-IVIPT Document 66 Filed 06/06/2008 Page 2 of 2
Hon. Mary Pat Thynge
June 6, 2008
Page2
We wish to take Mr. Manzo's deposition before June 20, 2008. Unless Brain-Pad
provides us with a pre-June 20 deposition date by close of business on Monday, June 9, 2008, we
will ask Your Honor for an Order compelling Mr. Manzo to appear for deposition on a date-
certain.
Respectfully,
/ O
. Clayton ey 378)
J CA/lak
cc: John C. Connell, Esq. (via Email)
Charles J. Brown, III, Esq. (via Email)
Joseph J. Fleischman, Esq. (via Email)
William R. Robinson, Esq., (via Email)
Christopher S. Casieri, Esq. (via Email)
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Case 1:07-cv-00680-MPT

Document 66

Filed 06/06/2008

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Case 1:07-cv-00680-MPT

Document 66

Filed 06/06/2008

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