Free Letter - District Court of Delaware - Delaware

Case 1:06-cv-00414-SLR

Document 53

Filed 10/29/2007

Page 1 of 2

Richard L. Horwitz
1313 North Market Street P.O. Box 951 Wilmington, DE 19899-0951 302 984-6000 www.potteranderson.com Partner Attorney at Law [email protected] 302 984-6027 Direct Phone 302 658-1192 Fax

October 29, 2007 VIA ELECTRONIC FILING The Honorable Sue L. Robinson U.S. District Court J. Caleb Boggs Federal Building 844 N. King Street Wilmington, DE 19801 Re: Oracle Corp. v. epicRealm Licensing, LP; C.A. No. 06-414-SLR QuinStreet, Inc. v. epicRealm Licensing, LP; C.A. No. 06-495-SLR

Dear Judge Robinson: EpicRealm writes this letter to briefly outline the discovery disputes between Oracle and epicRealm and QuinStreet and epicRealm in anticipation of this afternoon's hearing. With respect to Oracle and QuinS treet: EpicRealm and Oracle ha ve agreed to substitute Parallel Networks as the real party in interest for epicRealm. EpicRealm and Oracle will file the appropriate documents to effect this substitution. EpicRealm and QuinStreet have not reached an agreement on this issue. With respect to Oracle: Oracle's Document Production. Oracle has not completed its document production regarding Oracle products long known to be at issue and will not commit to a date for its completion. Oracle's Production of Source Code. Oracle has agreed to produce a Rule 30(b)(6) witness on source code but will not commit to a date for the deposition. Moreover, there is a dispute as to the most convenient location for the deposition.

Case 1:06-cv-00414-SLR The Honorable Sue L. Robinson October 29, 2007 Page 2

Document 53

Filed 10/29/2007

Page 2 of 2

With respect to QuinStreet: QuinStreet's Production of Documents. At the September 20, 2007 hearing, this Court ordered QuinStreet to produce all the information that QuinStreet has about the five platforms that QuinStreet contends are at issue. 1 QuinStreet has not produced these documents.

Respectfully, /s/ Richard L. Horwitz Richard L. Horwitz

RLH/msb
828168 / 31393

cc:

Clerk of Court (via hand delivery) Counsel of Record (via efiling)

1

Those platforms are: Apache (stand alone), Apache/Tomcat (JBoss), Apache/Weblogic, Microsoft IIS and Microsoft IIS/JRun. 2