Free Letter - District Court of Delaware - Delaware

Case 1 :04-cv-01338-JJF Document 1094 Filed 07/25/2008 Page 1 of 2
D ' E. M
Potter Agdxfiilcy at Lgvgre _
m AHd€YSOD. [email protected]
302 9846147 D' rPh
*“COm`O0n LLP 302 658-1192 Film (mc
E l3'l3 No1·t.l·1 Market Street
PG. Box 95l
Vldlrnlngton, DIE 19899-0951
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July 25, 2008
V VIA ELECTRONIC FILING & HAND DELIVERY ,. _- ;
, _ The Honorable Vincent 3. Poppiti
Blank Rome LLP
Chase l\/lanhattan Centre, Suite 800
1201 North Market Street
Wilmington, DE 19801
Re: Honeywell International, lnc. etal. v. Apple Computer, lnc., et al.,
C.A. No. 04-1338-JJF {Consolidated;
Dear Judge Poppiti:
l On behalf of the Nikon Defendants, I write in response to Mr. Grimm’s July 18, 2008
l letter to Your Honor concerning the stipulated dismissal of the Nikon Defendants from this
litigation because the accused Nikon camera’s contain licensed LCD modules.
Presently, Nikon is still awaiting a response from Honeywell to the offer made on behalf p
of Nikon at the July 15* "global" meet and confer, which offer is extremely close to what
Honeywell is requesting from all of the Affected Defendants. However, not to be lost inthe
wash of the all~Affccted—l)efenda11ts generalities in Mr. Grimm’s July 18m letter to Your Honor,
Nikon would like to point out the following:
l. As noted above, Nikon has offered to do, for all practical purposes,
1 what Honeywell has requested. This is graphically illustrated in Exhibit B of the
l July lllm letter showing that Nikon is the "greenest of the green" of the Affected
V Defendants. Nikon has made this offer regardless of the burden of proof issue
addressed by Honeywell in its July l8lh letter, but does so without agreeing to
_ Honeywell’s position. Nikon understands that other Affected Defendants will be
briefing the burden of proof issue today for Your Honor.
2. Regarding the "additional ‘hits’” matter raised in the second
paragraph on page 3 of the July 18m letter, there is no issue between lloneywell
and Nikon apparently. Honeywell has not identified any such "hits" or "instances
of infringernent” with respect to any Nikon products.

‘ Case 1:04-cv-01338-JJF Document 1094 Filed 07/25/2008 Page 2 of 2
The Honorable Vincent J. Poppiti
July 25, 2008
Page 2
3. In the first paragraph under Section 3 on page 4 of the July 180*
letter, Honeywell refers to ‘“the activities of particular Affected Defendants"
(emphasis in original) regarding provisions in certain of the license agreements
requiring some linkage between rights granted under the licenses and activities of
Z certain Affected Defendants. Honeywell has not raised any issue with respect to
‘ Nikon and the license agreements covering the LCD modules used in the Nikon
accused products, and it is Nil provisions in the two license agreements.
4. In the last paragraph on page 5 ofthe July 18m letter, Honeywell
Es- writes that "the Affected Defendants need to initiate ra discussion with the
licensees and obtain their commitment to work with Honeywell on the necessary
declaration? While maintaining that Honeywell is in a better position to obtain
. the declarations from the two licensed LCD suppliers, Nikon has already
J contacted those LCD suppliers seeking such a commitment and is awaiting
Z confirmation ofthe suppliers’ commitments.
_ 5. Also in the last paragraph on page 5 of the July 18* letter,
Honeywell states that "the Affected Defendants. . ostensibly have a
customer! supplier relationship with the licensees? However, the two accused
Nikon cameras are manufactured by Sanyo and it is Sanyo who obtains the LCD
modules for incorporation into the Sanyo—manufactured Nikon cameras. Thus,
the “custo1ner/supplier relationship” is between Sanyo and its licensed suppliers
E (one being itself and the other being Casio) and not between Casio or Sanyo and
E Nikon with respect to the licensed LCD modules.
i As stated in Nikon’s July 18th letter to Your Honor, Nikon looks forward to hearing from
J Honeywell on the offer made on July 15m and to the prompt stipulated dismissal of the Nikon
Defendants from this litigation.
Z Respectfully,
/s/ David E. Moore
David E. Moore
876034/28576
J cc: Clerk of the Court (via hand delivery)
All Counsel of Record (via electronic mail)