Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-01338-JJF Document 1134 Filed 08/08/2008 Page 1 of 1
Chad lVi.Shandler A
302-651 -7836
shand|er@r|f,com
August 8, 2008
BY ELECTRONIC MAIL
AND HAND DELIVERY
The Honorable Vincent J, Poppiti
Blank Rome LLP
Chase Manhattan Centre, Suite 800
E20} Market Street
Wilmington, DE l980l-4226
Re: Honeywell, et al. v, Apple Computer, et ai,
C.A. 04-1338-JJF gConsolidated)
Dear Judge Poppiti:
Responding to I·loneywell‘s letter of August 5, 2008 (D,]. ll26), Eastman Kodak
Company opposes l~loneywell’s eflbrt to seek. discovery from the customer defendants on
commercial success. l~lo1rewell‘s proposal yet again seeks to place the burden of identifying
allegedly infringing products on the customers rather than on Honeywell, where it belongs. As
noted by other customer defendants, nurnerous objections have been lodged to Honeywell
seeking discovery on this issue. Most importantly, however, Kodak objects to this issue being
decided along with the decision the Court intends to issue today regarding the scope of the
accused products.
Respectfully submitted,
/.9/ C/md M S/umd/er #3796
CMS/ps Chad M Shandler #3796
cc: Clerk of the Court (via Electronic Filing)
All Counsel of Record (via e—rnail)
n n an
gquare M 920 North King Street N Wilmington, DE 19801 E Phone: 302~651~7700 H Fax: .30.2~65t-7701
www.rlf.com