Free Reply Brief - District Court of Delaware - Delaware

Case 1 :07-cv-00449-JJF Document 204 Filed 09/05/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT I
1 FOR THE DISTRICT OF DELAWARE
I ON SEMICONDUCTOR CORP. and )
l SEMICONDUCTOR COMPONENTS )
g INDUSTRIES, L.L.C., )
. Plaintiffs, g
2 v. )
5 ) C.A. No. 07-449 (JJF)
SAMSUNG ELECTRONICS CO., LTD., )
SAMSUNG ELECTRONICS AMERICA, INC., )
SAMSUNG TELECOMMUNICATIONS )
g AIVIERICA GENERAL, L.L.C., )
i SAMSUNG SEMICONDUCTOR, INC., and )
· SAMSUNG AUSTIN SEMICONDUCTOR L.L.C., )
Defendants. g
Q SAMSUNG ELECTRONICS CO., LTD., g
· SAMSUNG ELECTRONICS AMERICA, INC., )
L SAMSUNG TELECOMMUNICATIONS )
_ AMERICA GENERAL, L.L.C., )
` SAMSUNG SEMICONDUCTOR, INC., and )
I SAMSUNG AUSTIN SEMICONDUCTOR L.L.C., )
A Pl**imi*`1°S» g c.A. N0. 06-720 (JJF)
v. )
A ON SEMICONDUCTOR CORP. and g
SEMICONDUCTOR COMPONENTS )
I INDUSTRIES, L.L.C., )
Defendants. )
I ON SEMICONDUCTOR’S REPLY BRIEF IN SUPPORT OF ITS
; MOTION TO COMPEL DAMAGES DISCOVERY
Moruzis, N1cHoLs, ARSHT & TUNNELL LL1==
Karen Jacobs Louden (#2881)
Richard I. Bauer (#4828)
‘ 1201 N. Mmket Street
j P.O. Box 1347
Wilmington, DE 19899
A (302) 658-9200
Attorneys for ON Semiconductor Corp.
g September 5, 2008 and Semiconductor Components Industries, L.L. C.

Case 1:07—cv—00449-JJF Document 204 Filed 09/05/2008 Page 2 of 4
- l. In its answering brief] Samsung argues that ON Semiconductor’s motion to
I compel damages discovery is moot on the basis that Samsung has produced the documents
S sought in ON Semiconductor’s motion.
S 2. What Samsung fails to mention, however, is that it produced many of the
T documents on these topics four (4) days after the August 29 close of fact discovery, and
. ON Semiconductor received these documents only two days ago — after Samsung filed its
I answering brief to ON Semiconductofs motion to compel.
i 3. Samsung’s delay in making its production is wholly unjustified. The documents
p sought in ON Semic0nductor’s motion to compel were requested months ago in written
I discovery and were the subject of numerous subsequent written requests by ON Semiconductor
` to Samsung, and also meet and confer discussions between the parties. ON Semiconductor
. objects to the production of these documents beyond the discovery period, and only a short time
i before its deposition of Samsung’s witness on damages.
4. Further, given this late production, as of the time of filing this brief
- ON Semiconductor has not yet had any meaningful opportunity to determine the sufficiency of
Q Samsung’s production. It thus remains to be seen whether Samsung has produced the requested
_ license agreements and financial information sought in ON Semiconductor’s motion, information
- highly relevant to a damages analysis in this case.
5. In addition, as stated, ON Semiconductor also has not yet taken the Rule 30(b)(6)
deposition of Samsung’s sole corporate representative on all damages issues, whom Samsung
i offered to produce in the United States only on September 10, 2008, twelve days after the close
i of fact discovery (thus necessitating an extension of the deadlines for expert reports on

J Case 1:07-cv-OO449-JJF Document 204 Filed O9/05/2008 Page 3 of 4
A damages). That witness’s testimony may also be telling as to whether Samsung has in fact
produced all of the highly relevant information sought in ON Semiconductor’s motion.
i 6. Accordingly, ON Semiconductor will review the documents produced by
Samsung and advise the Court in advance of the September 12, 2008 motion hearing if any
portion of its motion is mooted by Samsung’s belated production. ON Semiconductor reserves
f the right to address any remaining open issues at that scheduled hearing.
J Moms, NICHOLS, Aasnr & TUNNELL LLP
/s/ Richard]. G3auer
Karen Jacobs Louden (#2881)
. Richard J. Bauer (#4828)
1201 N. Market Street
Q P.O. Box 1347
Wilmington, DE 19899
(302) 658-9200
_ l OF OOONSEL- [email protected]
2 Attorneys for ON Semiconductor Corp.
. §::IuE1§t§;; Adamo and Semiconductor Components Industries, L.L. C.
] 2727 North Harwood Street
Dallas, TX 75201-1515
(214) 220-3939
T. Gregory Lanier
Behrooz Shariati
_ Jonas DAY “
1755 Embarcadero Road
. Palo Alto, CA 94303
(650) 739-3939
Jennifer Seraphine
J ONES DAY
555 California Street, 26th Floor
_ San Francisco, CA 94941
(415) 626-3939
September 5, 2008

Case 1:O7—cv—OO449-JJF Document 204 Filed O9/05/2008 Page 4 of 4
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that on September 5, 2008 I electronically filed
` the foregoing with the Clerk ofthe Court using CM/ECF, which will send notiication of such
filing(s) to the following:
I J osy W. Ingersoll
John W. Shaw
Andrew A. Lundgren
YOUNG CONAWAY STARGATT & TAYLOR
1 I also certify that copies were caused to be served on September 5, 2008 upon the
A following in the manner indicated:
Y BY HAND AND E—MAIL
John W. Shaw
Andrew A. Lundgren
YOUNG CONAWAY STAROATT & TAYLOR
. The Brandywine Building
1000 West Street, 17th Floor
Wilmington, DE 19801
I BY E—MAIL
I John M. Desmarais
‘ - James E. Marina
IQRKLAND & ELLIS
l 153 East 53rd Street
New York, NY 10022
. /s/ Qcfianfj. (Bauer
Richard J. Bauer (#4828)