Free Letter - District Court of Delaware - Delaware

Case 1 :05-cv-00048-SLR Document 40 Filed 06/13/2005 Page 1 of 1
AsI—IBY 8. GEDDES
ATTORNEVS AND COUNSELLORS AT LAW TELEPHONE
302-654-IBSS
222 DELAWARE AvENuE
P. o. Box use 3c,'QT'§ZE§§,,
WILMINGTON, DELAWARE 19899
June 13, 2005
The Honorable Sue L. Robinson VIA ELECTRONIC FILING
United States District Court
844 King Street
Wilmington, Delaware 19801
Re: Hitachi, Ltd. v. B0rgWarner Inc., et al.,
C.A. No. 05-48-SLR.
Dear Chief Judge Robinson:
The parties to the above action jointly submit a draft Protective Order, which contains
one issue remaining to be resolved. The remaining issue relates generally to the scope and content
of a so—called "prosecution ban" for those persons receiving confidential information belonging to
the other party. The draft Protective Order is enclosed, with the parties’ respective alternative
language for inclusion to Paragraph 7(h), relating to the prosecution ban, set forth therein.
The parties jointly ask for the Court’s assistance in resolving the issue. The parties
respectfully suggest that short briefing of the issue, even if in letter format of several pages, may be
helpful to explain the parties’ respective positions on the issue. This issue is very important to the
parties and each party would like to provide the court with its position on the outstanding authority,
prior to Your Honor's ruling on the matter. The parties also are available at the Court’s convenience
should Your Honor have any questions.
Respectfully,
/s/ John G. Day
John G. Day
J GD/mnl
Enclosure
158406.1
cc: Clerk of the Court (via ECF File and Serve; w/ enclosure)
Richard K. Hermann, Esquire (by hand; w/ enclosure)
Michael D. Kaminski, Esquire (via Federal Express; w/ enclosure)
Hugh A. Abrams, Esquire (via Federal Express; w/ enclosure)