Free Letter - District Court of Delaware - Delaware

Case 1 :04-cv-00343-JJF Document 772 Filed 08/21 /2007 Page 1 of 3
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August 21, 2007
The Honorable Vincent J. Poppiti
Blank Rome LLP
1201 Market Street, Suite 800
Wilmington, DE 19801
Re: LG.Philz}2s LCD C0., Ltd. v. ViewSonic, C.A. N0. 04-343 JJF
Dear Special Master Poppiti:
I write on behalf of LG.Philips LCD Co., Ltd. ("LPL") concerning the timing of any
supplemental deposition of LPL. As discussed during the teleconference on August 17, 2007,
LPL reserves all of its rights and objections, including, for example, LPL's right to appeal 1
whether Defendants are entitled to further deposition testimony. For purposes of proceeding
efficiently, we understand that LPL has preserved its right to appeal and that an appeal would be
ripe as soon as the deposition topics are final, without awaiting a formal deposition notice or
motion in response to a formal notice. lf our understanding is incorrect, we would appreciate
your guidance or clarification.
While we continue to believe that two full days of deposition (twenty-one additional
hours with translation) is unnecessary, we respect Your Honor's strong recommendation to agree
on that matter. LPL, therefore, will not challenge the two days (up to 21 hours) of deposition
time that would apply to a supplemental deposition. We believe that this avoids the need for
further hearings concerning the timing ofthe deposition. We are in the process of confirming
with support personnel and we will, of course, address any issues that arise as promptly as
possible.
Also, without waiving LPL's appeal rights concerning a further deposition of LPL, we
would like to avoid unnecessary disputes as to timing. With respect to the timing of a
supplemental deposition, we understood Your Honor to have concluded that any deposition
should proceed the week of September 17, 2007. Assuming that the deposition goes forward,
and without waiving any rights or objections, we have confirmed that LPL could make a witness
available at our Washington, D.C. offices for deposition on September 19, 20, and 21, 2007.
Although Mr. Bono remains unavailable during that time, we would, if necessary, make
arrangements for other counsel to defend the deposition.
6679894 A

Case 1:04-cv-00343-JJF Document 772 Filed 08/21/2007 Page 2 of 3
The Honorable Vincent J. Poppiti
THE BAYARD FIRM August 21. 2007
Page 2
The remaining issues concerning any supplemental deposition are the finalized topics,
and, given those topics, whether LPL intends to appeal regarding the continued deposition or its
scope. Last night, we received Defendants revised proposed topics, which we are currently
reviewing. We intend to discuss the topics with Defendants' counsel as soon as possible and to
report back to Your Honor regarding the topics.
Respectfully submitted,
Richard D. Kirk (rkO922)
cc: Counsel as shown on the attached certiticate
667989-l

Case 1:04-cv-00343-JJF Document 772 Filed 08/21/2007 Page 3 of 3
CERTIFICATE OF SERVICE
The undersigned counsel certifies that, on August 21, 2007, he electronically filed
the foregoing document with the Clerk of the Court using CM/ECE, which will send
automatic notification of the filing to the following:
Jeffrey B Bove, Esq. Frederick L. Cottrell, III, Esq.
James D. Heisman, Esq. Anne Shea Gaza, Esq.
Jaclyn M. Mason, Esq. Richards, Layton & Finger
Connolly Bove Lodge & Hutz LLP One Rodney Square
1007 North Orange Street P.O. Box 551
P.O. Box 2207 Wilmington, DE 19899
Wilmington, Delaware 19899-2207
The undersigned counsel further certifies that copies of the foregoing document
were sent by email and by hand on August 21, 2007 to the above counsel and were sent
by email and by U.S. Mail on August 21, 2007 to the following non—registered
participants:
Scott R. Miller, Esq. Valerie Ho, Esq.
Connolly Bove Lodge & Hutz LLP Mark H. Krietzman, Esq.
333 South Grand Avenue Frank C. Merideth, Jr., Esq.
Suite 2300 Greenberg Trauri g 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 §rk0922l
Richard D. Kirk
571447-1

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