Free Affidavit - District Court of Delaware - Delaware

Case 1:04-cv-01436-JJF

Document 108-3

Filed 02/09/2006

Page 1 of 3

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ATTORNEYS AT LAW

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RONALD SCHUTZ J.
612-349-8435

[email protected]

January 24,2006 VIA FACSIMILE

Mr. Eric J. Ward, Esq. Ward Norris Heller & Reidy LLP 300 State Street Rochester, New York 14614 Re:

St. Clair v. Samsung, et al. Case No. 04-CV-1436-JJF Our File: 121865.0011 Mirage Systems, Inc. v. Speasl, et al. Case No. 1-05-CV-039164 Our File: 121865.0012

Dear Eric:

I write in response to your letter dated January 13, 2006, which discusses Kodak's production of
its Asset Purchase Agreement. St. Clair will maintain the confidentiality as requested until a protective order is entered into or there is some other agreement in place. To note, this approach is consistent with the Delaware Local Rule 26.2.

To the extent your production of the Asset Purchase Agreement is further "conditioned" on the
- of the agreement in the California action only, we disagree. As you know, it is St. Clair's use

position that resolution and discovery of the ownership dispute should move forward in Delaware and that the claims against St. Clair in California stayed. The Asset Purchase Agreement you finally provided is responsive to outstanding discovery in the St. Clair v. Samsung matter and we are entitled to use it in other litigation involving the Roberts patents. We should further discuss what materials you are referring to in your new request for "transcripts, declarations and any documents." Even though there was no pending document request in the St. Clair v. Samsung case, as a courtesy, we provided you with copies of numerous declarations back in July 2004. Further, we offered Kodak the opportunity to inspect St. Clair's initial disclosure documents over seven months ago. See St. Clair's Initial Disclosures Pursuant to Rule 26(a)(l) in the St. Clair v. Samsung litigation dated June 3, 2005. Perhaps the next step

Case 1:04-cv-01436-JJF

Document 108-3

Filed 02/09/2006

Page 2 of 3

Ward, Eric J. January 24,2006 Page 2 is for Kodak to set forth its January 13th request in the form of written discovery requests in the St. Clair v. Samsung case. Of course, please understand, St. Clair cannot disclose documents that contain confidential information of third parties without the permission of the third party or a court order allowing such disclosure. St. Clair has repeatedly demanded Kodak's production of the Asset Purchase Agreement and other deal documents. Finally, after months of stonewalling, Judge Jacobs-May directed Kodak to produce the Asset Purchase Agreement immediately to facilitate processing Kodak's substitution in the California action. Your belated production of this agreement (which is the direct subject of our discovery in Delaware) was not part of any agreed upon document production from St. Clair in the California case. It is our position that the case should be severed and stayed and the ownership issue should proceed on an expedited basis in Delaware.

Very truly yours,

RJs/11 cc: Kenneth L. Nissly, Esq. Lani R. Miller, Esq. Michael J. Summersgill, Esq. Caroline McIntyre, Esq.

MP3 20164852.1

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Case 1:04-cv-01436-JJF
JOB STATUS REPORT

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Document 108-3
AS OF

Filed 02/09/2006
JAN 24 2006 1 0 : 5 1
R. K.M. & C. LLP

Page 3 of 3
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JOB #536

001 002 003 004 005

DATE TIME 1/24 1 0 : 4 4 10:45 10:48 10:49 1 0 : 50

TO/FROM 15854235910 14082878040 16175265000 14082976000 12023835414

MODE
EC--S EC--S EC--S EC--S EC--S

MIN/SEC 00` 28" 00' 52" 00' 52" 00' 40" 00' 26"

PGS
003 003 003 003 003

STATUS OK OK
OK

OK OK

ROBINS, KAPLAN, MILLER & CIRESI LLI!
www.rkmc.com

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ATTORNEYS A T L A W

FROM:

Ronald J. Schutz

The information contained in this facsimile message is privileged and confidential information intended for the use of the addressee listed below and no one else. If you are not the intended recipient or the employee or agent responsible to deliver this message to the intmded recipimt, please do not use this transmission in any way, but contact the sender by telephone.

,

DATE:

January 24,2006

TO:

NAME:
Eric J. Ward, Esq. Ward Nonis Heller & Reidy LLP Ken Nissly, Esq. Thelen Reid & Priest LLP Lmi Miller, Esq. O`Melveny & Myers LLP Michael Summersgill, Esq. Wilmer Cutler Pickering Bale & Door LLP Caroline Mclntyre, Esq. Bergeson LLP

F A C S I m E NO.:
585.423.591.0 408.287.8040

TELEPHONE NO.:

585.454.0714
408.292.5800
202.383.5 126

202.383.5414
617,526.5000

617.526,6261

,..

408.297.6000

407.291.6200

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FILE NO.:

121865.0012; 121865.0011

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NUMBER OF PAGES INCLUJX4NG COVER SJEET:
If transmission problems occur, or you are not the intended recipient, please call 612-349-8730or contact Dannah Terry at (612) 349-0972,
MESSAGE:
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A T M A

BOSTON

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SAINT PAUL

SANTA ANA

WaSHWGTON,D.C.

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