Leader Technologies Inc. v. Facebook Inc.

Filing 177

Letter to The Honorable Joseph J. Farnan, Jr. from Steven L. Caponi, counsel for Defendant Facebook, Inc. regarding Order of December 3, 2009 requiring parties to submit proposals regarding representative claims - re Oral Order, 176 Letter. (Attachments: # 1 Exhibit Email string between the parties re claims)(Caponi, Steven)

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December 4, 2009
BY HAND & ELECTRONIC FILING
The Honorable Joseph J. Farnan, Jr.
U.S. District Court, District of Delaware
844 North King Street
Wilmington, DE 19801
Re:

Leader Technologies, Inc. v. Facebook, Inc., C.A. No. 08-862-JJF

Dear Judge Farnan:
We write in response to your Order of December 3, 2009 requiring the parties to either
agree to a set of representative claims or, in the alternative, to submit proposals regarding
representative claims for this case. Unfortunately, despite Facebook's efforts to reach an agreed
representative set of claims, LTI refused to identify even a single claim.
After receiving your Order, Facebook contacted LTI four times (two emails and two
phone calls) suggesting that the set of representative claims include two independent claims, with
two dependent claims from each selected independent claim. Since LTI is the Plaintiff, who
carries the burden of proving infringement, Facebook asked LTI to select the representative
claims and send its list to Facebook for review before today's deadline in the hopes of reaching
agreement. Despite our requests, LTI did not provide any proposal to Facebook. We are
mystified by this refusal because LTI has apparently identified representative claims that it will
share with the Court, but not with Facebook. (See attached email chain.)
Facebook, therefore, urges the Court to limit this case to claims 1, 4, 5, 9, 10 and 12 (two
independent claims bolded, each with two dependent claims). To date LTI has asserted 27
claims, including five independent claims, each being lengthy, complex and containing
numerous claim terms that are distinct from each other. Facebook's proposal will streamline this
case by reducing the number of claim terms that will need to be construed, and narrowing the
issues that will need to be addressed through pre-trial and trial.

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128605.00602/40185387v.1

December 4, 2009
Page 2

We appreciate your Honor's attention.
Respectfully submitted,
/s/ Steven L. Caponi
Steven L. Caponi
I.D. No. 3484

SLC:pfc
Enclosure
cc:

Clerk, District Court – via e-filing
Philip A. Rovner, Esquire – via e-service
Paul J. Andre, Esquire – via e-service
Lisa Kobialka, Esquire – via e-service
James Hannah, Esquire – via e-service

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