Free Order - District Court of Delaware - Delaware

Case 1:04-cv—O1338-JJF Document 1034 Filed 05/O9/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
HONEYWELL INTERNATIONAL, INC. )
and HONEYWELL INTELLECTUAL )
PROPERTIES, INC., )
) C.A. No. 04-l338—.l.IF
Plaintiffs, )
) Consolidated
v. )
)
APPLE COMPUTER, INC., et al. )
)
Defendants. )
PRODUCTION OF CONFIDENTIAL AGREEMENTS RE ‘371 PATENT
WHEREAS, the interested parties met before the Special Master, Judge Poppiti, on April
24, 2008, and conducted a follow—up teleconference with Judge Poppiti on May 5, 2008, to
discuss, among other things, matters related to license and settlement agreements
("Agreenients") entered into by Honeywell concerning the patent at issue in this suit (U.S. Patent
No. 5,280,371 ("the ‘37l patent")); and
WHEREAS, the "Affected Defendants" seek to address issues related to I—Ioneywell’s
agreements regarding the ‘37l patent; and
WHEREAS, the Agreements have already been produced pursuant to a Protective Order
entered into this case between Honeywell and the Manufacturer Defendants, but the Affected
Defendants have not, to date, agreed to that Order; and
WHEREAS, the entities that have entered into the Agreements with Honeywell were
provided notice by Honeywell on May 6, 2008, that the Agreements would be produced, absent
any objection being lodged pursuant to the procedure set forth below.

Case 1 :04-cv—O1338-JJF Document 1034 Filed 05/O9/2008 Page 2 of 2
NOW THEREFORE, it is hereby ORDERED as follows:
l. Absent any objection being raised pursuant to the terms of Paragraph 3 ofthis
Order, Honeywell by May 13, 2008, shall produce to the Affected Defendants" via email all
agreements it has entered into regarding the ‘37l patent. If an objection is lodged and then
ovenuled by the Special Master, Honeywell shall produce the agreement in issue to the Affected
Defendants via email within one day of issuance ofthe Special Master’s ruling.
2. Until and unless a protective order is agreed upon by Honeywell and the Affected
Defendants, or a substitute order is put in place by the court, Honeywell’s production ol` the
agreements under paragraph l above shall be undertaken pursuant to, and the parties shall be
bound by, the provisions of Local Rule 26.2 ofthe District of Delaware.
3. Any entity that has entered into one of the agreements subject to production under
paragraph l above may obj ect to the production of its agreement by lodging its objection via
submission of a letter (no longer than 2 pages in length) to the Special Master on or before noon
EDT on May l2, 2008. The objecting entity will simultaneously provide a copy ofthe letter to
Honeywell counsel, Matthew L. Woods, and to counsel for Apple, Thomas Halkowski. To the
extent any objections are lodged, a hearing will be conducted by the Special Master on May l3,
2008, via teleconference at 5:00 EDT.
ENTERED this y of May, 2008. ·
Vincent]. Po 4), Special Master
ORDER
SO ORDERED this il day of May, 2008.
United tes Di tri udge