Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-01338-JJF

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Document 1130

Filed 08/07/2008

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August 7, 2008 VIA E-MAIL AND HAND DELIVERY Judge Vincent Poppiti Blank Rome LLP Chase Manhattan Centre 1201 Market Street, Suite 800 Wilmington, DE 19801

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Re:

Honeywell Int'l Inc., et al. v. Apple Computer, Inc., et al. USDC-D. Del., C.A. No. 04-1338 KAJ (Consolidated)

Dear Judge Poppiti: This addresses Honeywell's letter of August 5, 2008 (D.I. 1126), regarding its effort to seek discovery from customer defendants on commercial success. Apple vigorously has objected to such discovery as being irrelevant to this matter.1 Moreover, to the extent this discovery issue remains under consideration by the Court, Apple disagrees with any suggestion that the discovery issue must be decided now in combination with the Court's forthcoming decision concerning the scope of accused products (i.e., whether the scope of accused products remains open, or, if not, when was the cut-off date for identifying accused products in this suit). To the extent the Court requires additional information, Apple is prepared to assist in whatever manner necessary. Respectfully, Thomas L. Halkowski Thomas L. Halkowski TLH:sb cc Clerk of Court (via hand) Counsel of Record (via ECF and e-mail)

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1

Apple has previously responded to Honeywell's efforts to obtain this discovery, and, to the extent this issue remains a concern, Apple respectfully references its prior submissions to the Court (D.I. 691 and 732).