Free Memorandum in Opposition - District Court of California - California

Case 5:07-cv-03117-JF D0cument25-3 Filed 08/28/2007 Page10f2
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‘ ._ Case 5:07-cv-03117-JF Document 25-3 Filed 08/28/2007 Page 2 of 2
l` "”A`'' mmwiml mee A. Watkins _
l l Plume: $$0.864.5550
;M-·-·--....·»~-- _ _ _ Fax: 330.8%.7986
l__'fffff]"ff;fff_; B-Mail: mawatl June 9, 2003 · 1 . ‘ `_ 1.
Destiny Tool l _ - _ y U . ‘
Guy Calarnia, Fresident ` _ ·
3232 De La Cruz Blvd., #(3
~ ` Santa Clara, CA 95054
'Re: Possible infringement of USS. Patent 5,049,809 — SGS Tool Company _ _ .
` l · Our Ref: 5646-GEN ‘ _ .
Dear Sir: ’ l n ‘ i t i I
Our Finn represents SGS Tool cempsay of Mumoe Falls, OH, on intellectual property matters.
· Ori September 17, 1991, U.S. Patent 5,049,0GQ, entitled improved Cutting Tool, isseed jointly to —
SGS Tool Company and Weldon Tool Company. A copy of that patent is enclosed tor yon.
Wltlle, I have not personally had the opportunity to inspect your company’s actual end mills,
based on my limited ability to review the product literature, it appears that at least your Cobra
line of products may meet each Lirnitatiort of et least one ofthe claims in the issued patent. ~
It any of these products in fact meet each limitation of at least one such claim, then any U
manufacntre, use, sale, or offer for sale in the United States or importation of that product into
‘ the United States on or after the issue date ofthe patent would constitute patent infringement.
Since we are unable to draw tlnal conclusions concerning .a potential conflict between your
products and the °OO9 patent, we would ask that you provide us with a sample of the product so n
that we may conduct a detailed review. Further, we would request that you provide us with a ?
comparison between the Destiny product and the ‘009 patent. - E
‘ Please direct any and all further correspondence on this issue to my attention. We rnust request
your response prior to dune 20, 2083. If we do not bear from you by then, we can only conclude ·
that you have no intention of making a reply., ‘.
Maxx Waudgg ,-·;di:u:;w:yt · =Zsr;;t:¤.t&¤>o··~v-¤=`rr#·»— l
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cc: SGS glxdol Company
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Case 5:07-cv-03117-JF

Document 25-3

Filed 08/28/2007

Page 1 of 2

Case 5:07-cv-03117-JF

Document 25-3

Filed 08/28/2007

Page 2 of 2