Free Affidavit - District Court of Delaware - Delaware

- Case 1 :05-cv—00865-J,lF Document 71 -5 Filed 12/1. 005 Page 1 of 2
S B E R N The Washington Hurbour
Wi D LE R LLP 3000 K sneer, N.w., Suite 300
~ Washington, D.C. 20007-Sl 16
C. ]oelV¤n Over ‘ Phone 202.424.75OO
Phone 202.4%.7581 pm, g02_424_7647
. Fax 202.424.7eaa wow
CiVGI"lOVBl`@$WId|GW.COm www°swl 'com
BY ELECTRONIC MAIL _ ‘
August 5, 2005 .
Kurt M. Rogers, Esq. _ ‘
Latham & Watkin
885 Third Avenue, Suite 1000
New York, NY 10022-4802
Frederick L. Cottrell, HI, Esq.
Richards, Layton & Finger
One Rodney Square .
P.O. Box 551
Wilmington, DE 19899
Re: Inline Connection Corp. v. AOL Time Warner; Inc., etal.
Inline Connection Corp. v. Verizon Internet Services, Inc., etal.
Dear Kurt and Fred:
I spoke today with John Wyss, cotmsel to the Verizon defendants in the Inline suit
referenced above, concerning his desire to obtain depositions, interrogatories, and potentially
other materials from AOL, outside of the discovery schedule in that case. Mr. Wyss informs me
that AOL is willing to cooperate with the Verizon defendants by providing him with certain
confidential and highly confidential information from Inline’s litigation against AOL. Based
upon earlier correspondence it was my understanding that AOL would not agree to sharing its
own information with Verizon. To the extent that AOL decides to share AOL’s confidential or
highly confidential information, we also address such documents below.
As to Inline’s confidential and highly confidential information, I am writing to authorize
you on behalf of Inline to provide to Mr. Wyss: a) all deposition transcripts of those depositions
taken by AOL counsel; and b) all Inline answers to interrogatories, including supplementary
answers, served on AOL. However, this authorization is subject to your written notification to us
concerning the specific items being provided to Mr. Wyss. Further, I note that you should
review these depositions and interrogatory answers to determine whether they contain or reveal
any confidential or highly confidential information belonging to AOL. Ifthey do, please advise
me whether AOL agrees to provide this information to Mr. Wyss, and under what conditions, if
any.
n wasn-unmon, ¤.c. · univ vonx, HM

‘ Case 1 :05-cv—00866§ F Document 71 -5 Filed 12/14/2005 Page 2 of 2
SWIDLER BERLIN in
Kurt M. Rogers, Esq.
H Frederick L. Cottrell, HI, Esq. `
August 5, 2005
Page 2
As there is not yet a protective order entered in Inline’s case against the Verizon
defendants, Mr. Wyss has agreed to treat all transcripts and Inline interrogatory answers from the
AOL litigation as "Attomey’s Eyes Only." To the extent that such information is used in
Inline’s case against the Verizon defendants, this information may be subject to any future
protective order entered in that case-
To the extent that AOL provides any AOL confidential or highly conhdential information
. to Mr. Wyss, other Verizon defense counsel, or to any Verizon defendant, we will request that
Mr. Wyss provide us the bates number of the documents he has received that were previously -
produced in the Delaware case, or with a copy of documents not previous produced. We also
request that you authorize Heller Ehnnan and Kautinan & Canoles, counsel to Inline in t.he
Verizon matter, to receive all such infomiation. Counsel in the Virginia case will treat all such
information as confidential information and designate it as such once a protective order has been
entered.
I appreciate your copying me on all transmittal letters or other correspondence with the
Verizon defendants or their counsel concerning the matters addressed herein.
Please let me lcnow if you would like to discuss any aspect of this letter.
Very truly yours,
C Joel Van Over
cc: (via electronic mail)
Michael K. Plimack, Esq.
Carl S. Nadler, Esq. .
. John B. Wyss, Esq.
Robert McFarland, Esq.
Brian C. Rioppelle, Esq. .
Stephen E. Noona, Esq.
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