Free Declaration in Support - District Court of California - California

Case 3:07-cv-04161-WHA

Document 159-7

Filed 07/02/2008

Page 1 of 3

Case 3:07-cv-04161-WHA

Document 159-7

Filed 07/02/2008

Page 2 of 3

quinn emanuel

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June 16, 2008 VIA E-MAIL Mauricio Flores Sheppard, Mullin, Richter & Hampton, LLP 12275 El Camino Real, Suite 200 San Diego, CA 92130-2006 Re: Riverbed Technology, Inc. v. Quantum Corp., Case No. 07-04161

Dear Mauricio, Concurrently with this letter we are serving deposition notices for David E. Heisey and David Mazieres. We intend to focus the depositions on the assertions made in the declaration Mr. Heisey provided in support of Quantum's opposition to Riverbed's Motion for Summary Judgment. (Docket No. 125.) Because Riverbed's reply is due on June 19, 2008, we must take these depositions no later than June 18, 2008. Prior to these depositions, we request that you produce all documents that support the assertions made in Mr. Heisey's declaration including but not limited to: 1. All documents and communications demonstrating that "Sheppard Mullin diligently and thoroughly researched and interviewed a number of experts relating to the '249 patent" including all evidence that Sheppard Mullin traveled "throughout the United States" in search of an expert for the '249 patent. 2. All documents and communications demonstrating that "Dr. Mazieres was ill in January 2008." 3. All documents and communications demonstrating that "Dr. Mazieres was formally engaged as an expert for Quantum on February 13, 2008."

quinn emanuel urquhart oliver & hedges, llp
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Case 3:07-cv-04161-WHA

Document 159-7

Filed 07/02/2008

Page 3 of 3

Mauricio Flores June 16, 2008 Page 2

4. All documents and communications demonstrating that "Sheppard Mullin attorneys including [Mr. Heisey] worked diligently to draft Quantum's Proposed amended Preliminary Invalidity Contentions." 5. All documents and communications supporting Mr. Heisey's assertion that there were "multiple drafts" of Quantum's proposed amended invalidity contentions and that there was "close and frequent interaction with Dr. Mazieres and Quantum employees." These documents should be readily available to Quantum and we expect them to be produced no later than the close of business on June 17, 2008. Should you have any questions, please feel free to contact me. Very truly yours,

Todd M. Briggs

51198/2542480.1