Free Redacted Document - District Court of Delaware - Delaware

Case 1:04-cv—01338-JJF Document 1092 Filed 07/25/2008 Page 1 of 2
Chad Nl. Shandler
302-651 -7836
shand|er@r|f.com
July 18, 2008
BY ELECTRONIC MAIL I
AND HAND DELIVERY
The Honorable Vincent J. Poppiti
Blank Rome LLP REDACTED - PUBLIC VERSION
Chase Manhattan Centre, Suite 800
1201 Market Street ·
Wilmington, DE 19801 -4226
Re: Honeywell, et al. v. Apple Computer, et al.
C.A. 04-1338-JIF gConsolidated)
Dear Judge Poppiti:
This submission outlines Eastman Kodak Company’s ("Kodak”) position regarding the
information Honeywell has requested from Kodak. Honeywell has represented that it requires
this information in order to grant Kodak a stipulated dismissal from this action.
As outlined in our June 3, 2008 letter to Honeywell’s counsel, which is attached as
Exhibit A, Honeywell has accused three products (digital cameras) which incorporate Redacted
Rada,-ucd LCD modules (the "Accused Products"). Although Kodak had identified in letters of
October 28, 2005 and January 13, 2006 additional camera models that incorporate
Redacted g LCD
modules, Honeywell never accused those products (the “Non-Accused Products") and fact
discovery is now closed. In any event, all of the manufacturers of Kodak’s Accused Products
and Non-Accused Products have obtained licenses from Honeywell and have been dismissed
from this action. Kodak has reviewed the licenses and believes that the LCD modules
incorporated in its products are licensed.
Prior to dismissing Kodak from this suit, Honeywell has sought additional information
concerning the licensed modules incorporated in Kodak products. After an exchange of letters
and two meet-and—confers, Kodak believes that Honeywell has requested the following items:
1. A declaration confirming the accuracy of Kodak’s list of modules used in the both the
Accused Products and Non—Accused Products;
n n n
One Rodney Square I 920 North King Street I Wilrrrirrgton, DE 19801 I Phone: 302-651-7700 I Fax: 302-651-7701
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I Case 1:04-cv-01338-JJF Document 1092 Filed 07/25/2008 Page 2 of 2
The Honorable Vincent J . Poppiti
July 18, 2008
Page 2
2. Confirmation from Kodak that it does not utilize LCD modules from Redacted
and
3. Declarations from the manufactures of the LCD modules incorporated in Kodak’s
Accused Products and Non—Accused Products demonstrating that the modules in
those products are licensed.
With regard to item #1, Kodak agrees to provide a declaration outlining Kodak’s process
for confinning the manufacturer of the LCD modules incorporated in the Accused Products. It
will not provide such a declaration relating to the Non—Accused Products.
With regard to item #2, Kodak agrees to provide a declaration stating that Redacted
. modules are not incorporated in either the Accused Products or Non-Accused Products,
although Kodak believes that such information is irrelevant as to the Non—Accused Products.
Honeywell has known the identity of these products since October 2005 or at the latest January
2006, but never accused those products.
With regard to item #3, Honeywell has not infonned Kodak what specific issues
surrounding the license agreements relate to Kodak. In general, we understand that Honeywell
seeks discovery from the customer defendants regarding Redacted
‘ Rcdacted in the licenses. We believe all the
modules at issue are covered. We believe, however, that the information regarding the licenses,
particularly the Redacted, are within the knowledge of Honeywell and/or its licensees. Many of
Honeywel1’s licenses have R€d¤¢¢€d§ and it should pursue those if it believes that its licensees
are selling unlicensed modules. Kodak therefore declines to provide the declarations requested
. in item #3. If Honeywell believes that certain LCD modules sold by Kodak’s manufacturers are
unlicensed, it should not have dismissed them from the lawsuit and at the very least, should
exercise its contractual rights to obtain that information from the licensees.
Respectfully submitted,
/s/ Chad MT Shandler #3796
CMS/ps Chad M. Shandler #3 796
cc: Clerk of the Court (via Electronic Filing)
All Counsel of Record (via e—mail)
RLF1-3304189-l