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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ON SEMICONDUCTOR CORP. and SEMICONDUCTOR COMPONENTS INDUSTRIES, L.L.C., Plaintiffs, v. SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC., SAMSUNG TELECOMMUNICATIONS AMERICA GENERAL, L.L.C., SAMSUNG SEMICONDUCTOR, INC., and SAMSUNG AUSTIN SEMICONDUCTOR L.L.C., Defendants. SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC., SAMSUNG TELECOMMUNICATIONS AMERICA GENERAL, L.L.C., SAMSUNG SEMICONDUCTOR, INC., and SAMSUNG AUSTIN SEMICONDUCTOR L.L.C., Plaintiffs, v. ON SEMICONDUCTOR CORP. and SEMICONDUCTOR COMPONENTS INDUSTRIES, L.L.C., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
C.A. No. 07-449 (JJF)
REDACTED PUBLIC VERSION
C.A. No. 06-720 (JJF)
DECLARATION OF RICHARD J. BAUER IN SUPPORT OF ON SEMICONDUCTOR'S MOTION TO COMPEL DAMAGES DISCOVERY MORRIS, NICHOLS, ARSHT & TUNNELL LLP Karen Jacobs Louden (#2881) Richard J. Bauer (#4828) 1201 N. Market Street P.O. Box 1347 Wilmington, DE 19899 (302) 658-9200 Attorneys for ON Semiconductor Corp. and Semiconductor Components Industries, L.L.C.
August 15, 2008
Redacted Filing Date: August 22, 2008
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ON SEMICONDUCTOR CORP. and SEMICONDUCTOR COMPONENTS INDUSTRIES, LLC, Plaintiffs, v. SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC., SAMSUNG TELECOMMUNICATIONS AMERICA GENERAL, L.L.C., SAMSUNG SEMICONDUCTOR, INC., and SAMSUNG AUSTIN SEMICONDUCTOR L.L.C., Defendants. SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC., SAMSUNG TELECOMMUNICATIONS AMERICA GENERAL, L.L.C., SAMSUNG SEMICONDUCTOR, INC., and SAMSUNG AUSTIN SEMICONDUCTOR L.L.C., Plaintiffs, v. ON SEMICONDUCTOR CORP. and SEMICONDUCTOR COMPONENTS INDUSTRIES, LLC, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
C.A. No. 07-449 (JJF)
REDACTED PUBLIC VERSION
C.A. No. 06-720 (JJF)
DECLARATION OF RICHARD J. BAUER IN SUPPORT OF ON SEMICONDUCTOR'S MOTION TO COMPEL DAMAGES DISCOVERY I, Richard J. Bauer, am an associate with the law firm of MORRIS, NICHOLS & TUNNELL
LLP.
I am one of the attorneys representing ON Semiconductor Corp. and
Semiconductor Components Industries, L.L.C. (collectively, "ON Semiconductor") in this litigation. I hereby declare as follows: 1. Attached as Exhibit 1 is a true and correct copy of
ON Semiconductor's First Set of Interrogatories (Nos. 1-24), dated March 26, 2007.
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2.
Attached as Exhibit 2 is a true and correct copy of Samsung's Objections
and Responses to ON Semiconductor's First Set of Document Requests (Nos. 1-88), dated May 2, 2007. 3. Attached as Exhibit 3 is a true and correct copy of Samsung's Objections
and Responses to ON Semiconductor's Second Set of Document Requests (Nos. 89-121), dated June 7, 2007. 4. Attached as Exhibit 4 is a true and correct copy of
ON Semiconductor's Third Set of Requests for Production of Documents and Things (Nos. 122167), dated February 21, 2008. 5. Attached as Exhibit 5 is a true and correct copy of
ON Semiconductor's Second Set of Interrogatories (Nos. 25-27), dated February 21, 2008. 6. correspondence: · · · · · · · · 7. Letter from Jennifer Seraphine to Jon Hohenthaner dated July 16, 2008; Email from Jennifer Seraphine to Gregory Corbett dated August 1, 2008; Letter from Jennifer Seraphine to Gregory Corbett dated August 4, 2008; Letter from Jennifer Seraphine to Gregory Corbett sent August 7, 2008 (inadvertently dated August 4, 2008); Email from Jennifer Seraphine to Gregory Corbett dated August 11, 2008; Email from Jennifer Seraphine to Gregory Corbett dated August 12, 2008; Email from Jennifer Seraphine to Gregory Corbett dated August 14, 2008; and Email from Jennifer Seraphine to Elizabeth Bernard dated August 14, 2008. Attached as Exhibit 7 is a true and correct copy of International Rectifier Attached as Exhibit 6 are true and correct copies of the following
Corporation's 10-K, for fiscal year ending June 30, 1999, and SanDisk's Press Releases dated August 18, 2002 and August 18, 1997. -2-
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8.
Attached as Exhibit 8 are true and correct copies of documents
9.
Attached as Exhibit 9 are true and correct copies of documents
I declare under penalty of perjury that the foregoing is true and correct. August 15, 2008
/s/ Richard. J. Bauer
Richard J. Bauer (#4828)
2448970
-3-
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EXHIBIT 1
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE SAMSUNG ELECTRONICS CO. LTD., SAMSUNG ELECTRONICS AMERICA, INC., SAMSUNG TELECOMMUNICATIONS AMERICA GENERAL, LLC, SAMSUNG SEMICONDUCTOR, INC., and SAMSUNG AUSTIN SEMICONDUCTOR LLC, Plaintiffs, v. ON SEMICONDUCTOR CORP. and SEMICONDUCTOR COMPONENTS INDUSTRIES, LLC, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
C.A. No. 06-720 (***)
DEFENDANTS ON SEMICONDUCTOR CORPORATION'S AND SEMICONDUCTOR COMPONENTS INDUSTRIES, LLC'S FIRST SET OF INTERROGATORIES TO PLAINTIFFS SAMSUNG ELECTRONICS CO., LTD.; SAMSUNG ELECTRONICS AMERICA, INC.; SAMSUNG TELECOMMUNICATIONS AMERICA GENERAL, LLC; SAMSUNG SEMICONDUCTOR, INC.; AND SAMSUNG AUSTIN SEMICONDUCTOR, LLC Pursuant to Federal Rules of Civil Procedure 33, Defendants ON Semiconductor Corporation and Semiconductor Components Industries, LLC (collectively "ON
Semiconductor"), by and through their counsel, hereby requests that Plaintiff Samsung Electronics Co., Ltd.; Samsung Electronics America, Inc.; Samsung Telecommunications America General, LLC; Samsung Semiconductor, Inc.; and Samsung Austin Semiconductor, LLC (collectively "Samsung") answer separately and truthfully in writing under oath within 30 days of service hereof each of the Interrogatories set forth below in accordance with the following Definitions and Instructions:
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DEFINITIONS AND INSTRUCTIONS 1. "ON SEMICONDUCTOR" refers to Defendants ON Semiconductor Corporation
and Semiconductor Components Industries, LLC. 2. The "ON SEMICONDUCTOR PATENTS" refers to the United States Patent
Nos. 6,362,644; 5,563,594; 5,361,001; and 5,000,827 including any reexaminations. 3. "SAMSUNG," "YOU," and "YOUR" refers to Plaintiffs Samsung Electronics
Co., Ltd.; Samsung Electronics America, Inc.; Samsung Telecommunications America General, LLC; Samsung Semiconductor, Inc.; and Samsung Austin Semiconductor, LLC, their present and former directors, officers, employees, attorneys, accountants, consultants, representatives, agents, subsidiaries, divisions, successors in interest, any partnerships or joint ventures to which any of the Plaintiffs is party, and/or other persons acting on any of the Plaintiffs' behalf. 4. 5. The "SAMSUNG PATENT" refers to the United States patent no. 5,252,177. The "SAMSUNG PRODUCTS" refer to Double Data Rate (DDR) Synchronous
Dynamic Random Access Memory (SDRAM) that includes but is not limited to DDR SDRAM, Mobile DDR SDRAM, DDR2 SDRAM, GDDR SDRAM, GDDR2 SDRAM, and GDDR3 SDRAM, as well as any integrated circuits manufactured using cup plating systems. The
"SAMSUNG PRODUCTS" include, but are not limited to, the following product designations: K4D261638K, K4D263238K, K4D263238K, K4H1G0438A, K4H1G0638C, K4H1G0738C, K4H1G0838A, K4H2G0638A, K4H510438C, K4H510638E, K4H510638H, K4H510738E, K4H510738H, K4H510838C, K4H510838D, K4H511638C, K4H511638D, K4H560438E, K4H560438H, K4H560838E, K4H560838H, K4H561638H, K4J52324QE, K4J52324QE, K4J55323QG, K4J55323QG, K4N51163QC, K4N51163QE, K4N51163QE, K4N56163QG, K4N56163QG, K4U52324QE, M312L2820EG(Z)0, M312L2820HZ0, M312L2828ET(U)0,
2
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M312L2828HU0, M312L2920CUS, M312L2920CZ0, M312L2923CUS, M312L2923CZ0, M312L3223EG(Z)0, M312L3223ET(U)S, M312L3223HUS, M312L3223HZ0,
M312L5128AU0, M312L5128AU1, M312L5620AUS, M312L5623AUS, M312L5628CU0, M312L5720CZ0, M312L6420HZ0, M312L6420EG(Z)0, M312L6423EG(Z)0, M312L6420ET(U)S, M312L6423ET(U)S, M312L6420HUS, M312L6423HUS,
M312L6423HZ0, M312L6523CUS, M312L6523CZ0, M368L2923CUN, M368L2923DUN, M368L3223ET(U)M, M368L3324DUS, M368L6523CUS, M381L3223ET(U)M, M368L3223ET(U)N, M368L6423ET(U)M, M368L6523DUS, M381L3223HUM, M368L3223HUS, M368L6423ET(U)N, M381L2923CUM, M381L6423ET(U)M, M368L3324CUS, M368L6423HUN, M381L2923DUM, M381L6423HUM,
M381L6523CUM, M381L6523DUM, M470L1624HU0, M470L2923DV0, M470L3224HU0, M470L3324CU0, M470L3324DU0, M470L6524CU0, and M470L6524DU0. The "SAMSUNG PRODUCTS" also include, but are not limited to, product made using the following systems: Applied Materials, Inc.'s SlimCell system, Novellus Systems Inc.'s Sabre System, and Semitool Inc.'s Raider ECD, Raider ECD 310, and Equinox systems. 6. The "ON SEMICONDUCTOR PRODUCTS" refers to any accused apparatus,
product, device, process, method, act and/or other instrumentality that Plaintiffs asserts infringe United States Patent No. 5,252,177. 7. Wherever used herein, the singular shall include the plural and the plural shall
include the singular.
3
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INTERROGATORIES INTERROGATORY NO. 1: The identity of each item of prior art that allegedly anticipates or allegedly renders obvious each claim of the ON SEMICONDUCTOR PATENTS, and whether each item is alleged to anticipate each claim or to render it obvious (in which case identify the combination of art rendering it obvious). Each prior art patent shall be identified by its number, country of origin, and date of issue. Each prior art publication must be identified by its title, date of publication, and where feasible, author and publisher. Prior art under 35 U.S.C. § 102(b) shall be identified by specifying the item offered or sale or publicly used or known, the date the offer or use took place or the information became known, and the identity of the person or entity that made the use or that made and received the offer, or the person or entity that made the information known or to whom it was made known. Prior art under 35 U.S.C. § 102(f) shall be identified by providing the name of the person(s) from whom and the circumstances under which the invention or any part of it was derived. Prior art under 35 U.S.C. § 102(g) shall be identified by providing the identities of the person(s) or entities involved in and the circumstances surrounding the making of the invention before the patent applicant(s). RESPONSE:
INTERROGATORY NO. 2: A chart identifying where specifically in each alleged item or alleged prior art to the ON SEMICONDUCTOR PATENTS each element of each claim is found, including for each element that such party contends is governed by 35 U.S.C. § 112(6), the identity of the structure(s), act(s), or materials(s) in each item of prior art that performs the claimed function.
4
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RESPONSE:
INTERROGATORY NO. 3: Any grounds of invalidity based on indefiniteness under 35 U.S.C. § 112(2) or enablement or written description under 35 U.S.C. § 112(a) of any of the claims of the ON SEMICONDUCTOR PATENTS. RESPONSE:
INTERROGATORY NO. 4: Each claim of the SAMSUNG PATENT that SAMSUNG alleges was infringed by ON SEMICONDUCTOR. RESPONSE:
INTERROGATORY NO. 5: Separately for each asserted claim of the SAMSUNG PATENT, identify all ON SEMICONDUCTOR PRODUCTS, and where each element of each asserted claim is found within each ON SEMICONDUCTOR PRODUCT, and whether SAMSUNG alleges that each element of each asserted claim is literally present or present under the doctrine of equivalents. This identification shall be as specific as possible. Each product, device, and apparatus must be identified by name or model number, if known. Each method or process must be identified by name, if known, or by any product, device, or apparatus which, when used, allegedly results in the practice of the claimed method or process. For each element that SAMSUNG contends is governed by 35 U.S.C. § 112(6), the identity of the structure(s), act(s), or material(s) in the ON
5
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SEMICONDUCTOR PRODUCTS that performs the claimed function. RESPONSE:
INTERROGATORY NO. 6: The priority date to which SAMSUNG alleges each asserted claim of the SAMSUNG PATENT is entitled, and a description of why. RESPONSE:
INTERROGATORY NO. 7: Identify any apparatus, product, device, process, method, act, or other instrumentality that SAMSUNG or anyone licensed under the SAMSUNG PATENT imported into the United States or made, sold, used, or offered for sale within the United States by that SAMSUNG alleges practices the claimed invention for each claim of the SAMSUNG PATENT and state completely and in detail each and every fact concerning any efforts taken, with respect to the SAMSUNG PATENT, to comply with 35 U.S.C. § 287, including, but not limited to, providing notice and complying with the marking provisions therein, and identify the persons most knowledgeable with any such efforts. RESPONSE:
INTERROGATORY NO. 8: A list of claim terms, phrases, or clauses which SAMSUNG contends should be construed by the COURT and SAMSUNG's proposed construction, including the identity of any claim element which SAMSUNG contends should be governed by 35 U.S.C. §112(6).
6
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RESPONSE:
INTERROGATORY NO. 9: For each SAMSUNG PRODUCT, identify (a) the internal part number(s) and any internal product identification (e.g. name, number, codes, etc.) used by SAMSUNG to identify the product; (b) the retail name(s) and any other retail product identification information; (c) the description of all component parts thereof; and (d) the manufacturing process for each. RESPONSE:
INTERROGATORY NO. 10: State in detail each factual and each legal basis for any allegations that SAMSUNG has not directly or indirectly infringed and are not directly or indirectly infringing any claims of any of the ON SEMICONDUCTOR PATENTS, and identify all documents and evidence that relate to such allegations and all persons who have knowledge or information relating to such allegations. Such detail shall include, without limitation, a chart identifying specifically each element of each asserted claim that allegedly has not been infringed literally and/or under the doctrine of equivalents, an explanation of why each such element is not found within the ACCUSED SAMSUNG PRODUCT, and a description of how YOUR construction of each claim term pursuant to Interrogatory No. 8 supports YOUR allegation that each such element has not been infringed. RESPONSE:
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INTERROGATORY NO. 11: State in detail each factual and each legal basis for YOUR allegations, as set forth in the Amended Complaint, that the claims of the ON SEMICONDUCTOR PATENTS are invalid for failing to comply with one or more of the requirements of 35 U.S.C. §§ 101, 102, 103, and/or 112, and identify all documents and evidence that relate to such allegations and all persons who have knowledge or information relating to such allegations. RESPONSE:
INTERROGATORY NO. 12: State in detail each factual and each legal basis for any allegations SAMSUNG has that ON SEMICONDUCTOR is estopped, based on statements, representations, and admissions made during the prosecution of the applications that led to the ON SEMICONDUCTOR PATENTS from asserting any interpretation of the claims of the ON SEMICONDUCTOR PATENTS that would be broad enough to cover any of the SAMSUNG PRODUCTS alleged to infringe the ON SEMICONDUCTOR PATENTS. RESPONSE:
INTERROGATORY NO. 13: State in detail each factual and each legal basis for any allegations that ON SEMICONDUCTOR is barred by the doctrine of laches from enforcing the claims of one or more of the ON SEMICONDUCTOR PATENTS. RESPONSE:
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INTERROGATORY NO. 14: State in detail each factual and each legal basis that SAMSUNG claims constitute a defense to willful infringement of the ON SEMICONDUCTOR PATENTS, along with all facts, witnesses and documents, that support such a contention. RESPONSE:
INTERROGATORY NO. 15: State in detail the custodian information for each of SAMSUNG'S non-privileged documents that are responsive to ON SEMICONDUCTOR'S Requests for Production. Such custodian information shall include, without limitation, the name of the Custodian, the job title or job description of the Custodian, the organization with which the Custodian was affiliated, the name and job title of the Custodian's supervisor, and the corresponding production or production numbers for the document. RESPONSE:
INTERROGATORY NO. 16: For each asserted claim of the ON SEMICONDUCTOR PATENTS and of the SAMSUNG PATENT, identify the skills, education, training, and/or work experience of a person of ordinary skill in the art. RESPONSE:
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INTERROGATORY NO. 17: Describe in detail, when, how, and by whom the subject matter described the in the asserted claims of the SAMSUNG PATENT was first conceived and actually or constructively reduced to practice. YOUR answer should include, but not be limited to an identification of the dates of conception and reduction to practice, an identification of each person who contributed to the conception or was involved in reduction to practice, an explanation of the specific contributions by and involvement of each person in conception or reduction to practice, and an identification of each person who can corroborate conception, reduction to practice, and/or diligence in reduction to practice. RESPONSE:
INTERROGATORY NO. 18: Identify any analysis conducted by or at the request of SAMSUNG of all ON SEMICONDUCTOR PRODUCTS, including the date or dates the analysis(es) was (were) requested and conducted, the identity of the person(s) conducting the analysis(es), and to whom the results were communicated. RESPONSE:
INTERROGATORY NO. 19: Describe in detail all facts and circumstances concerning SAMSUNG'S first knowledge of ON SEMICONDUCTOR's alleged infringement of the SAMSUNG PATENT. YOUR
answer should include, but should not be limited to, an identification of the date that YOU first learned that ON SEMICONDUCTOR had made, used, sold, or offered for sale any product that
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YOU contend infringes the SAMSUNG PATENT, an identification of the three SAMSUNG employees or representatives most knowledgeable regarding the facts surrounding that event, and an identification of all documents pertaining to such facts. RESPONSE:
INTERROGATORY NO. 20: Describe in detail the complete factual and legal bases for any and all damages that SAMSUNG seeks from ON SEMICONDUCTOR in this action, including the type and amount of damages sought, the basis and methodology used to calculate such amount, and all facts supporting any claim that YOU are entitled to increased damages or that this is an exceptional case. RESPONSE:
INTERROGATORY NO. 21: Separately for each asserted claim of the SAMSUNG PATENT, describe in detail all facts and identify all documents concerning any alleged "secondary considerations" of nonobviousness of the type described in Graham v. John Deere and its progeny, including but not limited to a statement of all facts concerning any alleged "commercial success," "long felt but unmet need," "failure of others," or "unexpected result" for the subject matter claimed. RESPONSE:
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INTERROGATORY NO. 22: For each person who was substantively involved in the preparation or prosecution of the SAMSUNG PATENT, Related Patents, and/or Related Applications, identify and describe in detail each person's involvement with the preparation and/or prosecution. RESPONSE:
INTERROGATORY NO. 23: Identify all litigation, prosecution, or other administrative or legal proceedings worldwide, completed or ongoing, concerning the SAMSUNG PATENT, Related Patents, and Related Applications. RESPONSE:
INTERROGATORY NO. 24: For all patent licenses, offers to license, settlement agreements, attempts to negotiate a license, and agreements of SAMSUNG, including but not limited to those that cite to or cover the SAMSUNG PATENT, describe for each such license agreement the parties involved, the date of execution of the license or agreement, any royalty rates or other payment terms provided in the license or agreement, and an identification of the documents related to the license or agreement. RESPONSE:
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MORRIS, NICHOLS, ARSHT & TUNNELL LLP /s/ Richard J. Bauer (#4828)_________________________ Karen Jacobs Louden (#2881) Richard J. Bauer (#4828) 1201 N. Market Street P.O. Box 1347 Wilmington, DE 19899 (302) 658-9200 [email protected] Attorneys for defendants OF COUNSEL: Kenneth R. Adamo JONES DAY 2727 North Harwood Street Dallas, TX 75201-1515 (214) 220-3939 T. Gregory Lanier Behrooz Shariati JONES DAY 1755 Embarcadero Road Palo Alto, CA 94303 (650) 739-3939 March 26, 2007
778291.1
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CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on March 26, 2007, copies of the foregoing were caused to be served upon the following in the manner indicated: BY HAND AND EMAIL John W. Shaw Andrew A. Lundgren YOUNG, CONAWAY, STARGATT & TAYLOR LLP The Brandywine Building 1000 West Street, 17th Flr. Wilmington, DE 19899 BY EMAIL John M. Desmarais James E. Marina KIRKLAND & ELLIS 153 East 53rd Street New York, NY 10022
/s/ Richard J. Bauer (#4828) Richard J. Bauer (#4828)
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EXHIBIT 2
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE
SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC., SAMSUNG TELECOMMUNICATIONS AMERICA GENERAL, L.L.C., SAMSUNG SEMICONDUCTOR, INC., and SAMSUNG AUSTIN SEMICONDUCTOR L.L.C., Plaintiffs, v. ON SEMICONDUCTOR CORP. and SEMICONDUCTOR COMPONENTS INDUSTRIES, LLC, Defendants.
: : : : : : : : : : : : : : : : : : : : :
Civil Action No. 06-CV-0720 (***)
PLAINTIFFS' OBJECTIONS AND RESPONSES TO DEFENDANTS' FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS AND THINGS TO SAMSUNG Pursuant to Rules 26 and 34 of the Federal Rules of Civil Procedure, Plaintiffs Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., Samsung Telecommunications America General, LLC, Samsung Semiconductor, Inc., and Samsung Austin Semiconductor, LLC (collectively, "Samsung"), make the following objections and responses to Defendants' First Set of Requests for Production of Documents and Things to Samsung. Samsung reserves the right to supplement or amend these objections and responses to the extent allowed by the Federal Rules of Civil Procedure and the Local Rules of this Court.
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Document 190
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Document 190
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Document 190
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Document 190
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Document 190
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Document 190
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Document 190
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Document 190
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Document 190
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Document 190
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Document 190
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Document 190
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Document 190
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Document 190
Filed 08/22/2008
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Document 190
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Document 190
Filed 08/22/2008
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EXHIBIT 3
Case 1:07-cv-00449-JJF
Document 190-2
Filed 08/22/2008
Page 1 of 84
Case 1:07-cv-00449-JJF
Document 190-2
Filed 08/22/2008
Page 2 of 84
Case 1:07-cv-00449-JJF
Document 190-2
Filed 08/22/2008
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Case 1:07-cv-00449-JJF
Document 190-2
Filed 08/22/2008
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Case 1:07-cv-00449-JJF
Document 190-2
Filed 08/22/2008
Page 5 of 84
Case 1:07-cv-00449-JJF
Document 190-2
Filed 08/22/2008
Page 6 of 84
Case 1:07-cv-00449-JJF
Document 190-2
Filed 08/22/2008
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Case 1:07-cv-00449-JJF
Document 190-2
Filed 08/22/2008
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Document 190-2
Filed 08/22/2008
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Document 190-2
Filed 08/22/2008
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Document 190-2
Filed 08/22/2008
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Document 190-2
Filed 08/22/2008
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Case 1:07-cv-00449-JJF
Document 190-2
Filed 08/22/2008
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Document 190-2
Filed 08/22/2008
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Document 190-2
Filed 08/22/2008
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EXHIBIT 4
Case 1:07-cv-00449-JJF
Document 190-2
Filed 08/22/2008
Page 16 of 84
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Document 190-2
Filed 08/22/2008
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Document 190-2
Filed 08/22/2008
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Case 1:07-cv-00449-JJF
Document 190-2
Filed 08/22/2008
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Case 1:07-cv-00449-JJF
Document 190-2
Filed 08/22/2008
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Document 190-2
Filed 08/22/2008
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Document 190-2
Filed 08/22/2008
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Document 190-2
Filed 08/22/2008
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Document 190-2
Filed 08/22/2008
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Document 190-2
Filed 08/22/2008
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Document 190-2
Filed 08/22/2008
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Document 190-2
Filed 08/22/2008
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Document 190-2
Filed 08/22/2008
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Document 190-2
Filed 08/22/2008
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Document 190-2
Filed 08/22/2008
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Document 190-2
Filed 08/22/2008
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EXHIBIT 5
Case 1:07-cv-00449-JJF
Document 190-2
Filed 08/22/2008
Page 32 of 84
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Document 190-2
Filed 08/22/2008
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Document 190-2
Filed 08/22/2008
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Case 1:07-cv-00449-JJF
Document 190-2
Filed 08/22/2008
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Document 190-2
Filed 08/22/2008
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Document 190-2
Filed 08/22/2008
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Document 190-2
Filed 08/22/2008
Page 38 of 84
EXHIBIT 6
Case 1:07-cv-00449-JJF
Document 190-2
Filed 08/22/2008
Page 39 of 84
Case 1:07-cv-00449-JJF
Document 190-2
Filed 08/22/2008
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Document 190-2
Filed 08/22/2008
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Document 190-2
Filed 08/22/2008
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Document 190-2
Filed 08/22/2008
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Case 1:07-cv-00449-JJF
Document 190-2
Filed 08/22/2008
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Document 190-2
Filed 08/22/2008
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Document 190-2
Filed 08/22/2008
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Document 190-2
Filed 08/22/2008
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Document 190-2
Filed 08/22/2008
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Document 190-2
Filed 08/22/2008
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Document 190-2
Filed 08/22/2008
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Document 190-2
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Document 190-2
Filed 08/22/2008
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Jennifer Seraphine/JonesDay Extension 3-5892 Phone (415) 875-5892 08/11/2008 01:27 PM
To [email protected] cc [email protected], Guadalupe M Garcia/JonesDay@JonesDay, Christine B Chua/JonesDay@JonesDay bcc Behrooz Shariati/JonesDay Subject Samsung v. ON Semiconductor
Greg, In a letter dated August 4 we requested that Samsung identify, by Bates number, where the summary financial information and marketing information that you have represented has already been produced to ON Semiconductor can be found in Samsung's production. You indicated in response that this information would be provided in Samsung's Supplemental Interrogatory Responses to be served on August 8. We now have those supplemental responses. Nowhere therein, however, does Samsung identify by Bates number where these documents can be found. Please provide this information. Please also advise as to your availability tomorrow for a meet and confer the outstanding issues identified in my August 7 letter (inadvertently dated August 4). Thank you, Jennifer
Jennifer Seraphine Jones Day 555 California Street, 26th Floor San Francisco, California 94104 Direct Phone: (415) 875-5892 Fax: (415) 875-5700 ========== This e-mail (including any attachments) may contain information that is private, confidential, or protected by attorney-client or other privilege. If you received this e-mail in error, please delete it from your system without copying it and notify sender by reply e-mail, so that our records can be corrected. ==========
Case 1:07-cv-00449-JJF
Document 190-2
Filed 08/22/2008
Page 53 of 84
Jennifer Seraphine/JonesDay Extension 3-5892 Phone (415) 875-5892 08/12/2008 02:21 PM
To "Gregory Corbett"
Greg, I look forward to receiving your production of license agreements. There are, however, numerous issues beyond licenses identified in my correspondence to you and to Ms. Bernard, on which I have requested a meet and confer repeatedly beginning last week. Please advise if you are refusing to meet and confer on those issues, or alternatively advise as to your availability. Again, I am available this afternoon or tomorrow morning. Thank you, Jennifer
Jennifer Seraphine Jones Day 555 California Street, 26th Floor San Francisco, California 94104 Direct Phone: (415) 875-5892 Fax: (415) 875-5700 "Gregory Corbett"
"Gregory Corbett"
To Jennifer Seraphine
Hi Jennifer, We've already produced over 60 license agreements. There were just a few additional licenses that needed to clear third-party confidentiality issues, and we are producing those licenses tonight. Further to that issue, I note that ON Semiconductor produced some licenses on Friday; please confirm whether your production of licenses is complete. If you still have issues after you receive our production, we would be happy to meet and discuss, including to discuss when ON Semiconductor will produce its summary financial information and documents.
Case 1:07-cv-00449-JJF
Document 190-2
Filed 08/22/2008
Page 54 of 84
Best regards, Gregory F. Corbett Kirkland & Ellis LLP 655 Fifteenth Street, NW Washington, DC 20005 [email protected] Telephone: 202-879-5296 Facsimile: 202-879-5200
Jennifer Seraphine
Greg, I appreciate the below update. However, there remain outstanding issues, as set forth in my prior correspondence to you and Ms. Bernard. In addition to those issues, having had the opportunity to review Samsung's documents produced last week it is apparent that Samsung's production of license agreements is not complete. Again, I request that you please advise as to your availability for a meet and confer. I am available this afternoon or tomorrow morning. Thank you, Jennifer Jennifer Seraphine Jones Day 555 California Street, 26th Floor San Francisco, California 94104 Direct Phone: (415) 875-5892 Fax: (415) 875-5700
"Gregory Corbett"
To
Case 1:07-cv-00449-JJF
Document 190-2
Filed 08/22/2008
Page 55 of 84
Jennifer Seraphine
Hi Jennifer, We have already produced summary financial information (see, e.g., SAMSUNG0308809-308855), and we are in the process of producing additional summary financial information for the accused products. We hope to produce additional summary financial information today, and we will supplement our interrogatory response accordingly. I note that ON Semiconductor did not provide information regarding summary financial information in its August 8th Supplemental Interrogatory Response. Please let me know when we will receive this information. Also, please confirm whether the licenses and assertion documents produced and identified in your August 8th Supplemental Interrogatory Responses are complete. Best regards, Gregory F. Corbett Kirkland & Ellis LLP 655 Fifteenth Street, NW Washington, DC 20005 [email protected] Telephone: 202-879-5296 Facsimile: 202-879-5200
Jennifer Seraphine
Case 1:07-cv-00449-JJF
Document 190-2
Filed 08/22/2008
Page 56 of 84
Greg, In a letter dated August 4 we requested that Samsung identify, by Bates number, where the summary financial information and marketing information that you have represented has already been produced to ON Semiconductor can be found in Samsung's production. You indicated in response that this information would be provided in Samsung's Supplemental Interrogatory Responses to be served on August 8. We now have those supplemental responses. Nowhere therein, however, does Samsung identify by Bates number where these documents can be found. Please provide this information. Please also advise as to your availability tomorrow for a meet and confer the outstanding issues identified in my August 7 letter (inadvertently dated August 4). Thank you, Jennifer
Jennifer Seraphine Jones Day 555 California Street, 26th Floor San Francisco, California 94104 Direct Phone: (415) 875-5892 Fax: (415) 875-5700
*********************************************************** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to [email protected], and destroy this communication and all copies thereof, including all attachments. ***********************************************************
Case 1:07-cv-00449-JJF
Document 190-2
Filed 08/22/2008
Page 57 of 84
========== This e-mail (including any attachments) may contain information that is private, confidential, or protected by attorney-client or other privilege. If you received this e-mail in error, please delete it from your system without copying it and notify sender by reply e-mail, so that our records can be corrected. ==========
Case 1:07-cv-00449-JJF
Document 190-2
Filed 08/22/2008
Page 58 of 84
Jennifer Seraphine/JonesDay Extension 3-5892 Phone (415) 875-5892 08/14/2008 09:47 AM
To "Elizabeth Bernard"
Greg and Elizabeth, Refusal to schedule a meet and confer is tantamount to refusing to meet and confer. Nevertheless, at your request we have reviewed the documents produced by Samsung on Tuesday. The documents produced do not resolve the issues raised and outlined in detail in my earlier correspondence. Those issues include, but are not limited to, whether Samsung will agree to produce its witnesses designated pursuant to Federal Rule 30(b)(6) in the United States. Please advise as to whether Samsung will provide the damages-related discovery identified in my prior correspondence to you no later than the close of business today (est). I am available for a meet and confer to discuss these issues today. Thank you, Jennifer
Jennifer Seraphine Jones Day 555 California Street, 26th Floor San Francisco, California 94104 Direct Phone: (415) 875-5892 Fax: (415) 875-5700 "Elizabeth Bernard"
"Elizabeth Bernard"
To Jennifer Seraphine
Jennifer, Samsung is not refusing to meet and confer. Per the parties' agreement, we are continuing to produce summary financial information and patent license agreements. We are producing additional documents this evening. We believe that it is more appropriate to meet and confer once the production is complete, if necessary. However, ON Semiconductor has not confirmed when it will produce summary financial information or
Case 1:07-cv-00449-JJF
Document 190-2
Filed 08/22/2008
Page 59 of 84
when its license production will be complete. ON Semiconductor has not produced a single Motorola license agreement. Please advise when ON Semiconductor will produce this information. Regards, Elizabeth Elizabeth T. Bernard* Kirkland & Ellis LLP 655 Fifteenth Street, N.W. Washington, D.C. 20005 Direct | 202-879-5262 Fax | 202-879-5200 *Admitted only in New York and practice is supervised by principals of the Firm
Jennifer Seraphine
Greg, I look forward to receiving your production of license agreements. There are, however, numerous issues beyond licenses identified in my correspondence to you and to Ms. Bernard, on which I have requested a meet and confer repeatedly beginning last week. Please advise if you are refusing to meet and confer on those issues, or alternatively advise as to your availability. Again, I am available this afternoon or tomorrow morning. Thank you, Jennifer
Jennifer Seraphine Jones Day
Case 1:07-cv-00449-JJF
Document 190-2
Filed 08/22/2008
Page 60 of 84
555 California Street, 26th Floor San Francisco, California 94104 Direct Phone: (415) 875-5892 Fax: (415) 875-5700
"Gregory Corbett"
To cc Christine B Chua
Hi Jennifer, We've already produced over 60 license agreements. There were just a few additional licenses that needed to clear third-party confidentiality issues, and we are producing those licenses tonight. Further to that issue, I note that ON Semiconductor produced some licenses on Friday; please confirm whether your production of licenses is complete. If you still have issues after you receive our production, we would be happy to meet and discuss, including to discuss when ON Semiconductor will produce its summary financial information and documents. Best regards, Gregory F. Corbett Kirkland & Ellis LLP 655 Fifteenth Street, NW Washington, DC 20005 [email protected] Telephone: 202-879-5296 Facsimile: 202-879-5200
Jennifer Seraphine
Case 1:07-cv-00449-JJF
Document 190-2
Filed 08/22/2008
Page 61 of 84
2008-08-12 17:02
"Gregory Corbett"
Greg, I appreciate the below update. However, there remain outstanding issues, as set forth in my prior correspondence to you and Ms. Bernard. In addition to those issues, having had the opportunity to review Samsung's documents produced last week it is apparent that Samsung's production of license agreements is not complete. Again, I request that you please advise as to your availability for a meet and confer. I am available this afternoon or tomorrow morning. Thank you, Jennifer Jennifer Seraphine Jones Day 555 California Street, 26th Floor San Francisco, California 94104 Direct Phone: (415) 875-5892 Fax: (415) 875-5700
"Gregory Corbett"
To cc Christine B Chua
Case 1:07-cv-00449-JJF
Document 190-2
Filed 08/22/2008
Page 62 of 84
Hi Jennifer, We have already produced summary financial information (see, e.g., SAMSUNG0308809-308855), and we are in the process of producing additional summary financial information for the accused products. We hope to produce additional summary financial information today, and we will supplement our interrogatory response accordingly. I note that ON Semiconductor did not provide information regarding summary financial information in its August 8th Supplemental Interrogatory Response. Please let me know when we will receive this information. Also, please confirm whether the licenses and assertion documents produced and identified in your August 8th Supplemental Interrogatory Responses are complete. Best regards, Gregory F. Corbett Kirkland & Ellis LLP 655 Fifteenth Street, NW Washington, DC 20005 [email protected] Telephone: 202-879-5296 Facsimile: 202-879-5200
Jennifer Seraphine
Greg,
Case 1:07-cv-00449-JJF
Document 190-2
Filed 08/22/2008
Page 63 of 84
In a letter dated August 4 we requested that Samsung identify, by Bates number, where the summary financial information and marketing information that you have represented has already been produced to ON Semiconductor can be found in Samsung's production. You indicated in response that this information would be provided in Samsung's Supplemental Interrogatory Responses to be served on August 8. We now have those supplemental responses. Nowhere therein, however, does Samsung identify by Bates number where these documents can be found. Please provide this information. Please also advise as to your availability tomorrow for a meet and confer the outstanding issues identified in my August 7 letter (inadvertently dated August 4). Thank you, Jennifer
Jennifer Seraphine Jones Day 555 California Street, 26th Floor San Francisco, California 94104 Direct Phone: (415) 875-5892 Fax: (415) 875-5700 *********************************************************** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to [email protected], and destroy this communication and all copies thereof, including all attachments. *********************************************************** ========== This e-mail (including any attachments) may contain information that is private, confidential, or protected by attorney-client or other privilege. If you received this e-mail in error, please delete it from your system without copying it and notify sender by reply e-mail, so that our records can be corrected. ==========
*********************************************************** The information contained in this communication is confidential, may be attorney-client privileged, may
Case 1:07-cv-00449-JJF
Document 190-2
Filed 08/22/2008
Page 64 of 84
constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to [email protected], and destroy this communication and all copies thereof, including all attachments. ***********************************************************
========== This e-mail (including any attachments) may contain information that is private, confidential, or protected by attorney-client or other privilege. If you received this e-mail in error, please delete it from your system without copying it and notify sender by reply e-mail, so that our records can be corrected. ==========
Case 1:07-cv-00449-JJF
Document 190-2
Filed 08/22/2008
Page 65 of 84
Jennifer Seraphine/JonesDay Extension 3-5892 Phone (415) 875-5892 08/14/2008 01:33 PM
To "Elizabeth Bernard"
Elizabeth, I am not available for a call tomorrow. As stated in my earlier email, I am available today until 5:00 pm est. I have been requesting that a time be scheduled for a meet and confer on the damages issues outlined in my correspondence to you and to Greg Corbett for over a week, beginning last Thursday. Please confirm that the only alternatives you are offering for the deposition of Samsung's Rule 30(b)(6) witness on licensing are that that deposition either take place in Korea, or in San Francisco on September 10, 10 days following the current date for the close of fact discovery and 5 days before the scheduled deadline for the filing of expert reports. ON Semiconductor produced additional damages documents last Friday, and is further supplementing its document production this week. Thank you, Jennifer
Jennifer Seraphine Jones Day 555 California Street, 26th Floor San Francisco, California 94104 Direct Phone: (415) 875-5892 Fax: (415) 875-5700 "Elizabeth Bernard"
"Elizabeth Bernard"
To Jennifer Seraphine
Dear Jennifer: To the extent we understand your position on the meet and confer, you have misstated our position. We did not "refuse" to meet and confer, which is an odd position for ON Semiconductor to take in view of our correspondence to you. In fact, we have already scheduled a meet and confer on other issues tomorrow with other lawyers in your firm. What we did say in response to your specific concerns is that we expect
Case 1:07-cv-00449-JJF
Document 190-2
Filed 08/22/2008
Page 66 of 84
to supplement our production and thought it made sense to discuss your issues (and our issues with your related production) then. To that end, we thought ON Semiconductor would be doing the same, which is apparently not the case since Samsung's document production on financial data is far more complete than ON Semiconductor's. That is why we inquired of you when you expected that ON Semiconductor would start producing the documents it seeks from Samsung. With respect to your specifically raised issue of whether we will produce a Rule 30(b)(6) witness on financial data in the United States, we have taken into consideration ON Semiconductor's expressed desire not to travel to Korea, and are able to offer another date for that deposition - September 10th in our San Francisco offices. To the extent you still wish to meet and confer, we suggest you be on the call with the other lawyers from your firm tomorrow and we can discuss your issues and ours. Regards, Elizabeth Elizabeth T. Bernard* Kirkland & Ellis LLP 655 Fifteenth Street, N.W. Washington, D.C. 20005 Direct | 202-879-5262 Fax | 202-879-5200 *Admitted only in New York and practice is supervised by principals of the Firm
Jennifer Seraphine
Greg and Elizabeth, Refusal to schedule a meet and confer is tantamount to refusing to meet and confer. Nevertheless, at your request we have reviewed the documents produced by Samsung on Tuesday. The documents produced do not resolve the issues raised and outlined in detail in my earlier correspondence. Those issues include, but are not limited to, whether Samsung will agree to produce its
Case 1:07-cv-00449-JJF
Document 190-2
Filed 08/22/2008
Page 67 of 84
witnesses designated pursuant to Federal Rule 30(b)(6) in the United States. Please advise as to whether Samsung will provide the damages-related discovery identified in my prior correspondence to you no later than the close of business today (est). I am available for a meet and confer to discuss these issues today. Thank you, Jennifer
Jennifer Seraphine Jones Day 555 California Street, 26th Floor San Francisco, California 94104 Direct Phone: (415) 875-5892 Fax: (415) 875-5700
"Elizabeth Bernard"
To Jennifer Seraphine
Jennifer, Samsung is not refusing to meet and confer. Per the parties' agreement, we are continuing to produce summary financial information and patent license agreements. We are producing additional documents this evening. We believe that it is more appropriate to meet and confer once the production is complete, if necessary. However, ON Semiconductor has not confirmed when it will produce summary financial information or when its license production will be complete. ON Semiconductor has not produced a single Motorola license agreement. Please advise when ON Semiconductor will produce this information.
Case 1:07-cv-00449-JJF
Document 190-2
Filed 08/22/2008
Page 68 of 84
Regards, Elizabeth Elizabeth T. Bernard* Kirkland & Ellis LLP 655 Fifteenth Street, N.W. Washington, D.C. 20005 Direct | 202-879-5262 Fax | 202-879-5200 *Admitted only in New York and practice is supervised by principals of the Firm
Jennifer Seraphine
Greg, I look forward to receiving your production of license agreements. There are, however, numerous issues beyond licenses identified in my correspondence to you and to Ms. Bernard, on which I have requested a meet and confer repeatedly beginning last week. Please advise if you are refusing to meet and confer on those issues, or alternatively advise as to your availability. Again, I am available this afternoon or tomorrow morning. Thank you, Jennifer
Case 1:07-cv-00449-JJF
Document 190-2
Filed 08/22/2008
Page 69 of 84
Jennifer Seraphine Jones Day 555 California Street, 26th Floor San Francisco, California 94104 Direct Phone: (415) 875-5892 Fax: (415) 875-5700
"Gregory Corbett"
To cc Christine B Chua
Hi Jennifer, We've already produced over 60 license agreements. There were just a few additional licenses that needed to clear third-party confidentiality issues, and we are producing those licenses tonight. Further to that issue, I note that ON Semiconductor produced some licenses on Friday; please confirm whether your production of licenses is complete. If you still have issues after you receive our production, we would be happy to meet and discuss, including to discuss when ON Semiconductor will produce its summary financial information and documents. Best regards, Gregory F. Corbett Kirkland & Ellis LLP 655 Fifteenth Street, NW Washington, DC 20005 [email protected] Telephone: 202-879-5296 Facsimile: 202-879-5200
Jennifer Seraphine
Case 1:07-cv-00449-JJF
Document 190-2
Filed 08/22/2008
Page 70 of 84
Greg, I appreciate the below update. However, there remain outstanding issues, as set forth in my prior correspondence to you and Ms. Bernard. In addition to those issues, having had the opportunity to review Samsung's documents produced last week it is apparent that Samsung's production of license agreements is not complete. Again, I request that you please advise as to your availability for a meet and confer. I am available this afternoon or tomorrow morning. Thank you, Jennifer Jennifer Seraphine Jones Day 555 California Street, 26th Floor San Francisco, California 94104 Direct Phone: (415) 875-5892 Fax: (415) 875-5700
"Gregory Corbett"
To cc Christine B Chua
Case 1:07-cv-00449-JJF
Document 190-2
Filed 08/22/2008
Page 71 of 84
Hi Jennifer, We have already produced summary financial information (see, e.g., SAMSUNG0308809-308855), and we are in the process of producing additional summary financial information for the accused products. We hope to produce additional summary financial information today, and we will supplement our interrogatory response accordingly. I note that ON Semiconductor did not provide information regarding summary financial information in its August 8th Supplemental Interrogatory Response. Please let me know when we will receive this information. Also, please confirm whether the licenses and assertion documents produced and identified in your August 8th Supplemental Interrogatory Responses are complete. Best regards, Gregory F. Corbett Kirkland & Ellis LLP 655 Fifteenth Street, NW Washington, DC 20005 [email protected] Telephone: 202-879-5296 Facsimile: 202-879-5200
Jennifer Seraphine
Case 1:07-cv-00449-JJF
Document 190-2
Filed 08/22/2008
Page 72 of 84
Greg, In a letter dated August 4 we requested that Samsung identify, by Bates number, where the summary financial information and marketing information that you have represented has already been produced to ON Semiconductor can be found in Samsung's production. You indicated in response that this information would be provided in Samsung's Supplemental Interrogatory Responses to be served on August 8. We now have those supplemental responses. Nowhere therein, however, does Samsung identify by Bates number where these documents can be found. Please provide this information. Please also advise as to your availability tomorrow for a meet and confer the outstanding issues identified in my August 7 letter (inadvertently dated August 4). Thank you, Jennifer
Jennifer Seraphine Jones Day 555 California Street, 26th Floor San Francisco, California 94104 Direct Phone: (415) 875-5892 Fax: (415) 875-5700 *********************************************************** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to [email protected], and destroy this communication and all copies thereof, including all attachments. *********************************************************** ========== This e-mail (including any attachments) may contain information that is private, confidential, or protected by attorney-client or other privilege. If you received this e-mail in error, please delete it from your system without copying it and notify sender by reply e-mail, so that our records can be corrected. ==========
***********************************************************
Case 1:07-cv-00449-JJF
Document 190-2
Filed 08/22/2008
Page 73 of 84
The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to [email protected], and destroy this communication and all copies thereof, including all attachments. *********************************************************** ========== This e-mail (including any attachments) may contain information that is private, confidential, or protected by attorney-client or other privilege. If you received this e-mail in error, please delete it from your system without copying it and notify sender by reply e-mail, so that our records can be corrected. ==========
*********************************************************** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to [email protected], and destroy this communication and all copies thereof, including all attachments. ***********************************************************
========== This e-mail (including any attachments) may contain information that is private, confidential, or protected by attorney-client or other privilege. If you received this e-mail in error, please delete it from your system without copying it and notify sender by reply e-mail, so that our records can be corrected. ==========
Case 1:07-cv-00449-JJF
Document 190-2
Filed 08/22/2008
Page 74 of 84
EXHIBIT 7
Case 1:07-cv-00449-JJF
Document 190-2
Filed 08/22/2008
Page 75 of 84
Case 1:07-cv-00449-JJF
Document 190-2
Filed 08/22/2008
Page 76 of 84
Case 1:07-cv-00449-JJF
Document 190-2
Filed 08/22/2008
Page 77 of 84
Page 1
Electronic Buyers' News August 18, 1997
Samsung settles with SanDisk
BYLINE: Andrew MacLellan LENGTH: 564 words
Silicon Valley- Samsung Electronics Co. Ltd. and SanDisk Corp. have resolved their longstanding dispute over patents related to flash-memory technology, ending a U.S. embargo of Samsung flash chips imposed by the International Trade Commission in June. Upon a reversal of the ITC ruling, which both parties described as imminent, South Korea's Samsung and its semiconductor subsidiary will resume the sale of flash-memory products to OEM customers in the United States. The two companies also dropped the lawsuits each had filed in U.S. federal court alleging infringement on respective flash patents. The rival chip makers agreed to cross-license each other's patents, with Samsung paying undisclosed royalty fees for rights to NAND-based flash technology held by SanDisk. Under the embargo, Samsung stood to lose about $35 million in 1997 flash sales, giving
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