Performance Pricing, Inc. v. Google Inc. et al

Filing 241

MOTION to Compel Production of Documents by Third Parties Neal Cohen and Vista IP Law Group, LLP by AOL LLC, Google Inc.. (Attachments: # 1 Joint Stipulation Regarding Defendant Google Inc. and AOL LLC's Motion to Compel Production of Documents by Third Parties Neal Cohen and Vista IP Law Group, LLP, # 2 Declaration of Emily C. O'Brien in Support of Motion to Compel, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19 Declaration of Christin Cho in Opposition to Motion to Compel, # 20 Errata 1, # 21 Exhibit 2, # 22 Exhibit 3, # 23 Proposed Order Granting Defendant Google Inc. and AOL LLC's Motion to Compel)(O'Brien, Emily) Modified on 9/25/2009 (sm, ). Modified on 9/25/2009 (sm, ).

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y Dockets.Justia.com ^..^ ,..^... UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS Performance Pricing, inc. Plaintiff, v. Google , Ine. et al., 2:07-cv-432 (LED} REVISED PRIVILEGE LOG CORRESPONDING TO: 1) SUBPOENA COMMANDING NON-PARTY NEAL M. COHEN TO PRODUCE DOCUMENTS; AND 2) SUBPOENA COMMANDING NON-PARTY VISTA 1P LAW GROUP LLP TO PRODUCE DOCUMENTS Defendants. The Revised Privilege Log attached hereto as Exhibit A is being produced in co 3nection with: 1} RESPONSE TO SUBPOENA COMMANDING NON-PARTY NEAL M. COHEN TO PRODUCE DOCUMENTS; and 2} RESPONSE TO SUBPOENA COMMANDING NON-PARTY VISTA IP LAW GROUP LLP TO PRODUCE DOCUMENTS. All documents identified in said Privilege Lag are being withheld on the bases identified, and are not being produced. Abbreviations used in the Privilege Log: "NMC" means Neai M. Cohen; "W L" means Wayne Lin; "VLS" means Valerie L Sarigumba, who was at all relevant times an associate attorney at Vista 1P Law Group; "JLL" means Jocelyn L. Lee, who was at al! relevant times a senior paralegal at Vista IP Law Group; "HO" means Hidehiko Okada, who was at all relevant times an attorney at the law firm, Okada Patent & Trademark Office; "SS" means Samuel 8. Stone , who was at all relevant times a partner at Lyon & Lyon LLP; "JT" means Jeff Tekanic, who was at all relevant times an attorney at the law firm, Okada Patent & Trademark Office; "PJE" means Patricia J. English, who was at ali relevant times an employee at Cohen, Sakaguchi & English tLP; "YPY" means Yeo-Pyo Yoon, wha was at all relevant times an attorney at Honesty & Patent; "A/C" means a claim of Attorney/Client Privilege; "W/P" means a claim of Work Product; "7PM" means a claim of Trial Preparation Material; "patent" means tJ5 Patent No. 6,978,253; "litigation" means Performance Pricing, inc. ^- Google, Inc., et al.; "licensing" means licensing of ll5 Patent No. 6,978,253; "trademark" means trademark of PricePlay; "representation" means representation of Wayne Lin by Neal Cohen. P^G^ _^_ a-o -- Ref 1-1 pate 8/2/2001 NMC Authors} WL Recipient ( s) Description Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent prosecution for the purpose o legal advice and including confidential communications between client and attorney, Letter concerning patent prosecution for the purpose o legal advice and including confidential communications between client and attorney. Letter concerning patent prosecution for the purpose of legs! advice and including confidential communications between client and attorney. Letter concerning patent prosecution for the purpose of legaE advice and including confidential communications between client and attorney. Letter concerning patent prosecution for the purpose of legal advice and including confidentia! communications between client and attorney, Letter concerning patent prosecution for the purpose of legal advice and including confidential comn·^unicatians between client and attorney. Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client A/C Privileges) Claimed 1-2 8/13/01 NMC WL A/C 1-3 3/24/01 NMC WL A/C 1-4 1/7.2/01 NMC WL A/C 1-5 2/20/01 NMC WL A/C 1-S 2/27/99 NMC WL A/C 1-7 1/3/01 NMC WL A/C 1-$ 10/1/01 NMC WL A/C ^^ l^ ^ F'^^ C^ ^^^ 1 Ref Date Author ( sy Recipient(s) Description " and attorney. Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Leiter concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney, Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney, Letter concerning liatent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney, Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client A/C Prlvllege(s) Clairrted 1-9 12/13/00 NMC WL 1-10 11/15/01 NMC WL A/C 1-11 4/2/01 NMC WL A/C 1-12 7/28/00 NMC WL A/C _ A/C 1-13 5/10/01 NMC WL 1-14 10/24/02 NMC WL A/C 1-15 8/2/01 NMC WL A/C and attorney. 1-16 11/30/00 NMC WL Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client A/C ^ ^ ^.-.^ ^^ ;'.^ . e Ref Date Author{ s) Recipient ( s) Description and attorney. Letter concerning patent prosecution for the purpose of legal advice and including Confidential communications between client and attorney. Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent prosecution far the purpose of legal advice and including confidential communications between client and attorney. Letter Concerning parent prosecution for the purpose of legal advice and including confidential Communications between client and attorney. Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between Client and attorney. Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client Pri^llege(s^ Cfairned A/C 1-17 10/27/99 NMC WL 1-18 6/1/OD NMC WL A/C 5-19 4/18/02 NMC WL A/C 1-2D 10/16/01 NMC WL A/C 1-21 3/6/02 NMC WL A/C 1-22 10/9/D1 NMC WL A/C 1-23 7/5/00 NMC WL A/C 1-24 2/18/00 NMC WL A/C ^Z i^ W i^ `^ Ref Date Author ( s) Recipient{s) Description and attorney. Letter concerning patent prosecution for the purpose of legs[ advice and including confidential communications between client Privilege(s) Claimed 1-zS 8/13/0]. NMC WL A/C and attorney. 1-26 4/17/02 NMC WL letter concerning patent prosecution for the purpose o legal advice and including Confidential communications between client and attorney. Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent prosecution far the purpose of legal advice and including Confidential communications between client and attorney, Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney, Letter concerning patent prosecution for the purpose of legal advice and including confidential comm^^nications between client and attorney. Letter Concerning patent prosecution far the purpose of legal advice and including confidential communications between Client A/C 1-27 7/31/02 NMC WL A/C 2-5 8/2/p1 NMC WL A/C 2-6 8/13/d1 NMC WL A/C 2-11 3/17/07 NMC WL A/C 3-1 5/7/02 NMC WL A/C 3-2 9/10/01 NMC WL A/C ^^ ^^ ^I^ N N [`^ Ref Date Author ( s) Reclplent ( sy Descrlptlon and attorney. Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent prosecution far the purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent prosecutian far the purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent prosecutian for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent prosecutian for the purpose of legal advice and including Confidential communications between client and attorney. Letter concerning patent prosecution far the purpose of legal advice and including confidential communications between client Prlvllege(s) CEaimed 3-3 9/10/01 NMC WL A/C 3-4 8/21/01 NMC WL A/C 3-5 NMC WL A/C 3-6 8/21/01 NMC WL A/C 3-7 5/2/01 NMC WL A/C 3-8 4/30/01 NMC WL A/C 3-9 4/23/01 NMC WL A/C . 3-10 4/6/01 NMC WL A/C ^' X ^^ I^ C^ :^ Nt v'\ Ref Date Aathor(s} Recipient ( s) Description and attorney. Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney, Letter concerning patent prosecution for the purpase of legal advice and including confidential communications between client and attorney. Letter Concerning patent prasecution for the purpose of legal advice and including Confidential Communications between Client and attorney. Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent prosecution for the purpose of legal advice and 'including con#idential communications between client and attamey. Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between ciient and attarney, Letter concerning patent prosecution for the purpase of legal advice and including Confidential Communications between client and attorney. Letter concerning patent prasecution for the purpose of legal advice and including confidential communications between client Privileges] Claimed 3-11 g/6/01 NMC WL A/C 3-12 4/6/01 NMC WL A/C 3-13 3/20/01 NMC WL A/C 3-14 1/29/01 NMC WL A/C 3-15 11/30/00 NMC WL A/C 3-16 11/13/04 NMC WL A/C ^^ J A/C 3-17 11/6/00 NMC WL 3-18 `^ rd-- ^ ^^ 3.1/6/00 NMC WL A/C ilk W :^ r Ref Date Author{ s) Recipient ( s) Description and attorney, Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent prosecution for the purpose of legal advice and including confidential communications t^etween client and attorney. Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent prosecution for the purpose of legal advice and including confidential comm^^ications between client and attorney. Letter concerning patent prosecution for the purpose of legal advice and including Confidential communications between client privilege{s) Claimed A/C 3-19 10/16/00 NMC WL 3-20 9/28/00 NMC WL A/C 3-21 9/12/00 NMC WL A/C 3-22 6/5/00 NMC WL A/C 3-23 S/S/00 NMC WL A/C 3-24 5/30/00 NMC WL A/C 3-25 1/26/00 NMC WL A/C 3-26 4/24/04 NMC WL A/C ^ ^ ^ ^ ^ ^ -^--i ^ ^. ^ Ref Date Authors) R clpient [ s) i Deg^^iption Privllege[s} Claimed A/C i 3-27 3/23/00 NMC WL and attorney. Letter concerning patent prosecution or the purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client 3-2$ 3/9/00 NMC WL A/C 3-29 2/9/00 NMC WL A/C and attorney. 3-31 1/26/00 NMC WL Letter concerning foreign patent rights for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning foreign patent rights for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning foreign patent rights for the purpose of legal advice and including confidentia[ communications between client and attorney, Letter concerning patent prosecution far the purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent prosecution far the purpose of legal advice and including confidential communications between client A/C 3-33 1/Z6/00 NMC WL A/C 3-34 1/17/00 NMC WL A/C 3-35 12/6/99 NMC WL A/C 3-36 11/29/99 NMC WL A/C ^^ !^ ^ m N t W Ref Date Author ( s) Recipient ( s) Description and attorney. Letter concerning foreign patent application for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning foreign patent application for the purpose of Eegal advice and including confidential communications between client and attorney. Letter Concerning foreign patent application for the purpose of legal advice and including confidential communications between client and attorney, Letter concerning toreign patent application for the purpose of legal advice and including con#idential communications between client and attorney. Letter concerning foreign patent application for the purpose of legal advice and including confidential Communications between client and attorney. Letter concerning foreign patent application for the purpose of legal advice and including confidential corr7munications between client and attorney. Letter concerning foreign patent application for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning foreign patent application for the purpose of legal advice and including confidential Communications between client Privilege(s) Claimed A/C 4-1 10/15/01 NMC WL 4-2 S/14/01 NMC WL ^ ' A/C 4-3 4/5/D1 NMC WL A/C 4-4 1/19/01 NMC WL A/C 4-5 6/26/00 NMG WL A/C 4-5 6/1/00 NMC WL A/C 4-7 2/15/00 NMC WL A/C 4-8 iZ/21/99 NMC WL A/C ^z r^ w ^ :^ 9^ ^ ^^ Ref Date Author { s) Recipient(s^ Description and attorney. Letter concerning foreign patent application for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between Client and attorney, Letter concerning patent prosecution far the purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning Japanese patent application far the purpose of legal advice and including confidential communications between client and attorney. Letter concerning Japanese patent application for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning Japanese patent application for the purpose of legal advice and including confidential communications Pri^llege{s) Clamed A/C 4-9 12/7.3/99 NMC WL 5-1 4/17/02 NMC WL A/C 5-2 8/13/01 NMC WL A/C 5-3 $/28/00 NMC WL A/C 5-4 6/5/00 NMC WL A/C 6-1 7/9/01 NMC WL A/C 6-2 3/2/01 NMC WL A/C 6-3 n--I 7C ^^ ^ ,.._"" ^ ^ 3/2/01 NMC WL A/C f^ Ref Date Authnr { s) Recipient{s) ©e^^^ iptinn between client and attorney. Letter concerningJapanese patent application for the purpose of legal advice and including confidential communications between client and attorney. letter concerning Japanese patent application for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning Japanese patent application for the purpose of legal advice and including confidential communications between client and attorney. Document related to Japanese patent application. Document related to Japanese patent application. Document related to Japanese patent application, Document related to Japanese patent application, Document related to Japanese patent application. Document related to Japanese patent application. Letter related to Japanese patent application. Letter concerning Korean patent application for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning Korean patent application pri^llege{s) Claimed 6-4 7112/00 NMC WL A/C 6-S Q/13/00 NMC WL A/C b-5 4/11/04 NMC WL A/C 7-1 7-2 7-3 7-4 7-5 7-5 7-7 8-1 4/17/00 1/2/02 NMC(on behalf of WL) NMC(on behalf of WL) NMC[on behalf of WL) NMC(on behalf of WL) NMC(on behalf of WL} NMC[on behalf of WL) NMC(on behalf of WL) NMC FiC1 HO HO j HO HO HO HC1 WL A/C A/C A/C A/C A/C A/C A/C A/C 8-2 i ^ ^ ^ ^ 4/17/02 NMC WL A/C W i^ 7, Ref Date Author { s) Recipient ( s) Description for the purpose o legal advice and including confidential communications between client and attorney. Letter concerning Korean patent application for the purpose of legal advice and including confidential communications between client and attorney. Document concerning Korean patent application for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning Korean patent application for the purpose of legal advice and including confidential commui^sications between client and attorney. Letter concerning Korean patent application for the purpose of legal advice and including confidentiaE communications between client and attorney. Document related to Korean patent application. Document related to Korean patent application, Drafts of legal documents including confidential communications between client and attorney. Drafts of legal documents including confidential communications between client and attorney. Oacument concerning legal research far the purpose of legal advice and including confidential communications between client Privilege{s) Claimed 8-3 ^l/17/02 NMC WL A/C 8-4 NMC WL A/C 8-5 4/Z7/02 NMC WL A/C &6 4/25/02 NMC WL A/C 9-1 9-2 10-1 12/14/01 3/21/00 NMC(on behalf of WL} NMC(on behalf of WL} NMC YPY YPY ^ WL , ' WL A/C A/C A/C 10-2 3/21/00 NMC A/C 10-3 ^'} ^^ +^ ^ ^ ^ ·^ ^^ ( 12/13/99 NMC WL A/C Fief t]ate Authors} Recipient ( sy Description and attorney. Document concerning licensing for the purpose of legal advice and including confidential communications between client and attorney. Document concerning licensing for the purpose of legal advice and including confidential communications between client and attorney. Document concerning assignment for the purpose of legal advice and including confidential communications between client and attorney, Document concerning licensing for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning publication laws including confidential communications between client and attorney. Document concerning legal invoices including confidential communications between client and attorney. Document concerning legal invoices including confidential communications between client and attorney, Document concernin g patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Letter regarding a previous meeting including confidential communications Privileges} Claimed A/C 10-4 11/10/99 NMC WL 10.,6 9/28/99 NMC WL A/C 10-6 9/26/99 NMC WL A/C 10-7 9/24/99 NMC WL A/C 11-1 3/17/07 NMC WL A/C 11-3 7/5/00 NMC WL A/C 11-Q 7/1/00 NMC WL A/C 11-5 5/4/00 NMC WL ^ A/C 11-6 ^^ ^^ i^ ^ ^ -.^.a 3/13/00 NMC WL A/C I^ Ref Date Author ( s) Recipient(s) Description between client and attorney. Document concerning foreign patent application for the purpose of legal advice and including confidential communications between client and attorney. Document concerning foreign patent application for the purpose of legal advice and including confidential communications between client and attorney. Document related o Taiwanese patent application. Document concerting legal invoices including confidential communications between client and attorney. Letter concerning research for the purpose of legal advice and including confidential communications between client and attorney, Letter concerning licensing for the purpose of legal advice and including canfidenial communications between client and attorney, Document concerning representation for the purpose of legal advice and including confidential communications between client and attomey. Letter concerning assignments for the purpose of legal advice and including confidential communications between client and attorney. Document concerning legal advice and including confidential communications Privilege(s) Claimed A/C 11-7 3/13/00 NMC WL 11-8 2/16/00 NMC WL A/C 11-9 11-1Q 2/10/00 12/31/99 NMC(on behalf of WL) NMC Taiwanese attorney WL A/C A/C 11-11 12/14/99 NMC WL A/C 11-12 11/10/99 NMC WL A/C 11-13 9/27/99 NMC WL A/C 11-14 9/28/99 NMC WL A/C 12 6/1.4/99 55 WL, NMC A/C ^' ^^ !^ ^ :^ ^ ^^ Ref Date Author { s) Recipient(s) Description between client and attorney. Document concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Document concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Document concerning legal advice and including confidential communications between client and attorney. Document concerning legal advice and including confiden^ial communications between client and attorney. Letter concerning patent prosecution far the purpose of legal advice and including confidential communications between client and attorney. Email chain concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent prosecution or the purpose of legal advice and including confidential communications between client and attorney, Letter concerning patent prosecution for the Privilege(s) Claimed 13 06/10/1999 - WL, NMC, 5S WL, NMC, 55 A/C 10/04/2QOZ 14 05/14/1999 SS NMC, WL A/C 15 Q6/28/1999 WL NMC A/C 16 11/10/1999 NMC WL A/C 17-1 5/7/02 NMC WL A/C 17-2 9/19/01 NMC WL A/C 17-3 8/21/01 NMC WL A/C ^.7-4 4/30101 NMC WL A/C 17-5 ^ ^ X ^ 4/6/Q1 NMC WL A/C ^C^ ^ I^ itef Date Author ( sy Recipient ( s) Description purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney, Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client Privilege(s) Claimed 17-6 3/20/01 NMC WL A/C 17-7 9/Z8/00 NMC WL A/C ,,^ l 17-5-9 6/5/00 NMC Wl. A/C 17-10 4/24/00 NMC WL A/C 17-1112 3/13/00 NMC WL A/C 17-1315 2/16/00 NMC WL A/C and attorney. 17-1519 1/17/DD NMC WL Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent prosecution for the A/C 17-20 11/29/99 NMC WL A/C rn ^ ^ ^ Ref Date Author { s) Recipient(s) Description purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent prosecution #or the purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent prosecution #or the purpose of legal advice and including confidential communications between client and attorney. Letter cancerning foreign patent application for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning foreign patent application for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent prosecution far the purpose of legal advice and inciuding confidentiai communications between client and attorney. Letter concerning patent prosecution far the Prkvikege(s^ Claimed 18-1 9/10/01 NMC WL A/C 18-z ^l/23/01 NMC WL A/C 1$-3 4/6/01 NMC WL A/C 18-4-5 11/6/00 NMC WL A/C 18-6-7 3/13/00 NMC WL A/C 18-811 2/16/00 NMC WL A/C ^' 18-12IA i/26/00 NMC WL A/C 18-I5^ [3i; ^^ 12/6/99 NMC WL A/C ^'^ ^^ Ref Date Author{s) Reciplent ( sJ l]escription purpose of legal advice and including confidential communications between client and attorney. bocument concerning patent prosecution or the purpose of legal advice and including confidential communications between client and attorney. Letter concerning legal research for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent prosecution for the purpose of legal advice and including Privilege(s) Claimed 17 19 12/13/1999 02/17/2002 NMC WL A/C 22 22/14/1999 NMC WL A/C 23-1 4/10/01 NMC WL A/C 23-2 4123/01 NMC WL A/C 23-3 4/6/01 NMC WL A/C confidential communications between client 23-4-5 11/6/00 NMC WL and attorney. Letter concerning foreign patent application for the purpose of legal advice and including confidential communications between client and attorney. A/C 23-6-7 3/7.3/00 NMC WL Letter concerning foreign patent application for the purpose of legal advice and including confidential communications between client and A/C .^' .^^. ^^ f^ ^ -tw t i i Ref Date Author(s) itecipient ( s} pescription attorney, Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning foreign patent application for the purpose of legal advice and including confidential communications between client and attorney, Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney, Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney, Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney, Letter concerning foreign patent application for the purpose of legal advice and including Privilege(s) Claimed A/C 23-8 3/9/00 NMC WL 23-911 2/16/00 NMC WL A/C 23-1214 1/26/00 NMC WL A/C 24-1 1/29/01 NMC WL A/C 24-2 11/3Q/00 NMC WL A/C 24-3-4 6/5/00 NMC WL A/C 24-5 3/23/00 NMC WL A/C 24-fi-7 3/13/00 NMC WL A/C ^^ ::^ ^-' i Ref Pate Author( s) Recipient (s) Description confidential communications between client and attorney. Letter concerning foreign patent application for the purpose of legal advice and including confidential communications between client 'and attorney. Letter concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Email chain concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney, Email concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Email concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning Japanese patent application for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning Japanese patent application far the purpose of legal advice and including confidential communications between client and attorney, Letter concerning Japanese patent application for the purpose of legal advice Privilege(s) Claimer! 24-8-10 2/16/00 NMC WL A/C 2^3-11-13 2/9/QQ NMC WL A/C 24-14-15 2/5/00 NMC WL A/C 24-15 2/5/00 NMC WL A/C 25-1 9/2b/Q2 NMC WL A/C 25-2 7/9/01 NMC WL A/C 25-3 3/2/01 NMC WL A/C 25-4 7/12/OQ NMC WL A/C ^^ i^ ^ l^ ^ f^ , QQ ^^ i P Ref Date Author ( s) Recipient ( s) Description and including confidential communications between client and attorney. Letter concerning Japanese patent application far the purpose of legal advice and including confidential communications between client and attorney. Letter concerning foreign patent application for the purpose of legal advice and including confidential communications between client Privilege(s) CEaimed 2S-S 4/11/00 NMC WL A/C 25-6-7 3/13/00 NMC WL A/C and attorney, 25-8 10/8/02 NMC JT, WL Email concerning Japanese patent application for the Purpose of legal advice and including confidential communications between client and attorney. Email concerning Japanese patent application for the purpose of legal advice and including confidential communications between client and attorney. Email concerning Japanese patent application for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning Japanese patent application. Email concerning Japanese patent application, pocument concerning Japanese patent application, Document [oncerning Japanese patent application. pocument concerning Japanese patent application. A/C 26-1 9/27/02 NMC JT, WL A/C 25-2-3 9/26/02 NMC JT, WL A/C 26-4 26-5 26-6-7 26-8-9 Z6-1011 `^"C7 l^ i^ ^ l^°'i ^ -^# f ^ ,^ 7/2/01 3/2/01 2/28/01 7/12/00 7/^l/00 HO JT NMC(on behalf of WL} NMC(on behalf of WL) Ha NMC(on behalf of WL} NMC{on behalf of WL} HO HO NMC{on behalf of WL) A/C A/C A/C A/C A/C Ref 26-1214 26-15- Date 7/5/00 6/22/00 6/21/00 4/21/00 4/2110© 4/21/00 4/17/00 4/11/00 4/7/00 4/11/00 4/11/00 4/7/00 x/7/00 ^/S/00 9/26/02 HO HO Author ( s) Recipient ( s) NMC(gn behalf of WL) NMC( n behalf of WL) HO HO NMC(on behalf of WL} NMC(on behalf of WL) HO HO NMC(on behalf of WL) NMC(on behalf of _ WL) NMC(on behalf of WL) HO NMC(on behalf of WL) HO WL Description Document concerning Japanese patent application. Letter concerning Japanese patent application, Document concerning Japanese patent appfication. Letter concerning Japanese patent application. Document concerning Japanese patent application. Letter concerning Japanese patent appfication, Letter concerning Japanese patent appfication. Letter cancerning Japanese patent appfication. Letter concerning Japanese patent appfication. Letter concerning Japanese patent application. Letter cancerning Japanese patent application. Letter concerning Japanese patent application. Letter cancerning Japanese patent application. Letter concerning Japanese patent application. Letter concerning trademark application for the purpose of legal advice and including confidential communications between client and attorney. A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C Privilege(s) Claimed 16 26-17- 1$ 26-19 26-20 26-21 26-22 NMC(on behalf of Wl.) NMC(on behalf of WL) HQ HO NMC(on behalf of WL) NMC(on behalf of WL) HO HO HO NMC(on behalf of 26-23z^l 26-25 26-26 26-27 26-2829 26-30 26-3 ].33 27-1 °-^ ^ ^^ WL) HO NMC(an behalf of WL) NMC ^ »+ --^ ^`t C77 ^'i^^ r Ref 27-2 Date 8/21/01 NMC Author(s) WL Recipients} Description Letter concerning trademark application for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning trademark application for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning trademark application for the purpose of legs ! advice and including confidential communications between client and attorney. Letter concerning trademark application for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning trademark application for the purpose of legal advice and including confidential camrnunications between client and attorney. Letter concerning trademark application for the purpose of legal advice and including confidential communications between client A/C Privileges} Claimed 27-3-4 11,/14/01 WL NMC A/C 27-5 5/2/41 NMC WL j A/C 27-6 11/13/00 NMC WL A/C 27-7 10/16/00 NMC WL A/C 27-$ 9/12/00 NMC WL A/C and attorney, 27-9 5/34/00 NMC WL Letter concerning trademark application for the purpose of legal advice and including confidential communications between client and attorney, Letter concerning trademark application for the purpose of legal advice and including confidential communications between client and attorney, A/C Z7-ZO 5/16/00 WL NMG A/C "B l^ .^·-^T f"t""t ^ 0.a !J Ref Date 10/4/02 NMC Author ( s) WL Recipient ( s) Description Email concerning trademark and patent applications for the purpose of legal advice and including can#idential communications between client and attorney, Email concerning trademark and patent applications far the purpose of legal advice and including confidential communications between client and attamey. Email concerning trademark and patent applications for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent application far the purpose of legal advice and including confidential communications between client and attorney, Letter concerning patent application for the purpose of legal advice anti including confidential communications between client and attorney. Letter concerning pa#ent application far the purpose of legal advice and including confidential communications between client and attorney. Email concerning patent application for the purpose of legal advice and including confidential communications between client and attorney. bacument concerning patent application including confidential communications between client and attorney. A/C Privilege(s) Claimed 28-1 28-2 9/30/02 NMC WL A/C 28-3 9/2S/02 NMC WL A/C 28-4 4/17/02 NMC WL A/C 28-5 8/13/01 NMC WL A/C 28-6 8 /28/00 NMC WL A/C 28-7 6/5/00 NMC WL A/C 28-8 "-C1 ^ ^ J -a-. i^ ^ 5/31/00 NMC WL A/C i Ref 29-1 Date 9/13/40 NMC Author { s} WL Recipient { s) Description Drafts of legal documents including confidentiai communications between client and attorney. Drafts of legal documents including confidential communications between client and attorney. Email concerning Korean patent application. Email concerning Korean patent application. Email concerning Korean patent application, Letter concerning Korean patent application. A/C Privilege(s) Gaimed 29-2 9/13/04 NMC WL A/C 30-1 30-2 30-3 30-4 10/13/04 10/11/04 10/13/04 10/6/04 30-5 30-6-7 10/19/02 10/18/02 Honesty & Patent Honesty & Patent P1E (on behalf of WL) 5e-Chang Kang , Korean patent counsel NMC (on behalf of WL) NMC PJE (on behal# of WL) PJE {on behalf of WL) Honesty & Patent NMC (nn behalf of WL) YPY YPY, WL A/C A/C A/C A/C Email concerning Korean patent application. Email concerning Korean patent application for the purpose of legal advice and inciuding confidential communications between client and attorney, Email concerning Korean patent application far the purpose of legal advice and inciuding confidential communications between client and attorney. Letter concerning Korean patent application. Email concerning Korean patent application for the purpose of legal advice and including confidential communications between client and attorney. Letter concerning Korean patent appiication. Letter concerning Korean patent appiication. A/C A/C 30_g-9 10/17/02 NMC YPY, Vti/L A/C 30-1011 10/17/02 9/26/02 YPY NMC 30-1213 NMC(on behalf of WL) YPY, WL A/C A/C 30-14 30-15 7/29/02 7/29/02 YPY YPY NMC(on behalf of W L) NMC{on behalf of W L) A/C A/C ^^ l^ ^ ^j ITS ^E ,Ref 30-15 30-1719 30-20- Date 4/17/02 12/29/01 12/26/41 YPY YPY Author ( s) Recplent{s} NMC(on behalf of WL} NMC{on behalf of W L) NMC{on behalf of WL) NMC(vn behalf of W L} YPY YPY YPY YPY NMC{on behalf of W L} NMC(vn behalf of WL) NMC{on behalf of WL} hionest & Patent NMC(pn behalf of WL} . WL i ^' Description Letter concerning Korean patent application. Letter concerning Korean patent application. Letter concerning Karean patent application. Letter concerning Korean patent appf'scation. Document concerning Korean patent application, Letter concerning Korean patent application. Letter concerning Karean patent application. Emai chain concerning Korean patent application, Letter concerning Korean patent application, Email concerning Korean patent application. Letter concerning Korean patent application. Email concerning Karean patent application. Letter concerning Korean patent application. Email concerning patent prosecution far the purpose of legal advice and incuding confidential communications between client and attorney. Errfail concerning patent prosecution for the purpose of egal advice and including confidential communications between client A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C Privilege(s) Claimed Honest & Patent YPY NMC(on behalf of 30-21 30-22- 12/2S/O1 12/24/01 12/14/01 12/14/01 12/9/01 11/15/01 11/15/01 11/15/01 11/14/01 11/1/01 10/4/02 23 30-24 30-25- WL} NMC(on behalf of W L) NMC(on behalf of WL} NMC{on behalf of WL) YPY YPY YPY NMC Monest & Patent NMC 26 30-2732 30-3334 30-35 30-3b37 30-38 30-3940 31-1 31-2 ^ t^ .^^^ 9/30/02 NMC WL A/C `^' L i i 1 Ref Date Author s} Recipients} Description and attorney, Email concerning patent prosecution for the purpose of legal advice and including pri^ilege(s} Claimed A/C 31-3 9/26/D2 NMC WL confidential communications between Client 31-4 4/17/02 NMC WL and attorney. Letter concerning patent prosecution far the purpose of legal advice and including confidential communications between client and attorney. Letter concerning patent prosecution for the purpose of legal advice and including confidential comm^Enications between client and attorney, Letter concerning patent prosecution For the purpose of legal advice and including confidential communications between cl'sent and attorney, Email chaln concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Email chain concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Email concerning patent prosecution including confidential communications between client and attorney, Email concerning patent prosecution and legal invoices including confidential A/C 31-5 8/13/01 NMC WL A/C 31-5 8/28/00 NMC WL A/C 31-7 5/5/02 NMC WL A/C 31-$ 5/31/01 NMC WL A/C 32 10/29/2pD2 NMC WL A/C 33 12/27/2002 NMC WL A/C ^ ^ ..._.. .^ "^ ^ ^ 9 Ref Date Author ( s) Recipient(s) Description communications between client and attorney. Email concerning patent prosecution including confidentia[ communications between client and attorney, Email concerning legal invoices including con#idential communications between client and attorney. Email concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Email concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Email concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Email chain concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Email concerning patent prosecution including confidential communications between client and attorney. Email concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Privilege(s) Claimed 34 06/12/2003 NMC WL A/C 35 07/22/2003 WL NMC A/C 36 12/D2/2004 NMC WL A/C 37 12/03/2004 NMC, WL WL, NMC A/C 38 12/03/2004 WL NMC A/C 39 12/03/2004 NMC, WL WL, NMC A/C 40 12/13/2004 NMC WL A/C 41 09/17/200509/20/2005 ^ _^ _W ^^ NMC, WL WL, NMC A/C ' ^ ^ I^ ,^ ^ i Ref 42 Date 09/17/200509/23/2005 Author ( s) NMC, WL Recip ent(sa WL, NMC Description Email chain concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Document concerning patent prosecution for the purpose of legal advice and including confidential communications between clien and attorney. Emaif concerning patent prosecution fpr the purpose of legal advice and including confidential communications between client and attorney. Email chain concerning licensing for the purpose of legal advice and including confidential communications between client and attorney, Email concerning patent prosecution for the purpose of legal advice and including confidential communications between Client and attorney. Email chain concerning patent prosecution and licensing for the purpose of legal advice and including confidential communications between client and attorney. Email concerning legal invoices including confidential communications between client and attorney. Email concerning legal invoices and patent prosecution including confidential communications between client and A/C Prl^ilege(s) Claimed 43 1D/06/2DD5 NMC WL AC 44 12/20/2005 WL NMC A/C 45 12/22/2005 NMC, WL WL, NMC A/C 45 02/02/2006 NMC WL A/C 47 02/08/2006 NMC, WL WL, NMC A/C 48-1 3/3/07 NMC WL A/C 48-2 2/26/07 NMC WL A/C `^7 ^ ^^ l^ ^ I , P '^^ ^_ Ref Date Author ( s) Recipients} Description attorney. Email concerning legal invoices and patent prosecution including confidential communications between client and attorney. Email concerning legal invoices and patent prosecution including confidential Arivilege(s} Claimed 4$-3 2/26/07 NMC WL A/C 49-1 2/26/07 WL NMC A/C ,^ r A/C communications between client and 49-2 2/26/07 WL NMC attorney. Email concerning legal invoices and patent prosecution including confidential communications between client and attorney. Email concerning legal invoices and patent prosecution including confidential communications between client and attorney. Email concerning legal invoices and patent prosecution including confidential communications between client and attorney. Email concerning legal invoices and patent prosecution including confidential communications between client and attorney. Email concerning licensing and patent prosecution including confidential communications between client and attorney. Email concerning patent prosecution and legal invoices including confidential communications between client and 49-3 2/26/07 WL NMC A/C 50-1 2/27/07 WL NMC A/C 50-2 2/27/07 WL NMC A/C 50-3 2/27/07 WL NMC A/C 51 ^ ^ 02/27/2007 ^ ^ .,^..^ NMC WL A/C _. Ref Date Aut;,or(s^ Recipient ( s^ Description attorney. Email concerning patent prosecution and legal invoices including confidential communications between client and attorney. Email concerning patent prosecution for the purpose of legal advice including confidential communications between client and attorney. Email concerning patent prosecution far the purpose of legs! advice including confidential communications between client and at#orney. Email concerning patent prosecution for the purpose of legal advice including confidential communications between client and attorney. Email concerning patent prosecution for the purpose of legal advice including confidential communications between PriviEege(s) Clairrzed A/C 52 03/02/2007 WL NMC 53 03/05/2007 WL NMC A/C 54 03/06/2007 WL NMC A/C 55 03/06/2007 NMC WL A/C 55 03/07/2007 WL NMC A/C client and attorney. 57 03/07/2007 NMC WL Email concerning patent prosecution for the purpose of iegal advice including confidential communications between client and attorney. Email concerning patent prosecution for the purpose of legal advice including confidentiai communications between client and attorney. Email concerning prior art for the purpose of legal advice and including confidential communications between client and A/C 58 03/11/2007 NMC WL, VL5 A/C 59-1 `>^ r'r"1 ,,^ ..^ ^^ E°^ ^ ^^ 3113/07 WL NMC A/C '^ . _^ fief Date Author ( s) Recipient ( s) Description attorney. Email concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney, Email concerning patent prosecution for the purpose of legal advice and including confidential cammunicatlans between client and attorney. Email concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Email concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Emai concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Email concerning patent prosecution for Privilege(s) Claimed 59-2 3/13/07 WL NMC A/C 60-1 3/13/07 NMC WL A/C I A/C 60-2 3/13/07 NMC WL 61-1 3/17/07 NMC WL, VLS A/C 61-2 3/17/07 NMC WL, VL5 A/C 67 03/17/2007 WL NMC A/C the purpose of legal advice including confidential communications between client and attorney. Email concerning patent prosecution for the purpose of legal advice including confidential communications between client and attorney, Letter concerning representation including confidential communications between client and attorney. 63 03/17/2007 WL NMC, VLS A/C b4 ,^ 03/17/2007 NMC WL A/C ^ __^^^ ^ ^^ ^ !S Ref 65 Date 03/7.7/2007 NMC Author { s] Recipient{s) Description Letter concerning representation including confidential communications between client and attorney. Email chain concerning representation and patent prosecution for the purpose of legal advice including confidential communications between client and attorney. Email chain concerning representation and patent prosecution for the purpose of legal advice including confidential communications ^4^ween client and attorney, Email chain concerning licensing and patent prosecution for the purpose of A/C Privilege(s) Gaimed WL 66 03/2fl/2007 WL NMC, VL5 A/C 67 03/20/2007 NMC WL A/C 68 03/21/2007 WL NMC, VL5 A/C legal advice including confidential communications between client and attorney. Email concerning infringement forthe purpose of legal advice and including confidential communications between client and attorney. Email concerning infringement for the purpose of legal advice and including confidential communications between client and attorney. Email concerning infringement for the purpose of legal advice and including confidential communications between client and attorney. Email concerning patent prosecution including confidential communications 69 03/26/2007 NMC WL, VL5 A/C 7D 03/26/2007 WL NMC, VLS A/C 71 D3/28/20D7 WL NMC, VLS A/C 72--^ 03/29/2007 ^ L ^ r..l._ f "^^ l^_ I Q^ U^ 1^ .. E !LL NMC A/C Ref: pate Author ( sa Recipient (s) pescriptlon between client and attorney. Email chain concerning licensing for the purpose of legal advice including confidential communications between Privilege(s) Claimed A/C 74 03/30/2007 NMC WL client and attorney, 75 03/30/2007 NMC WL, VLS Email chain concerning patent prosecution for the purpose of legal advice including confidential communications between client and attorney. 1=mail [ancerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Email concerning patent prosecution far the purpose of legal advice and including confidential communications between client and attorney. Email concerning patent prosecution for the purpose of legal advice and including confidential communications between client and attorney. Email concerning patent prosecution for the purpose of legal advice and including [onfidential communications between client and attorney. Email concerning patent prosecution including confidentiaE communications between client and attorney. Email concerning patent prosecution far the purpose of legal advice and including confidential communications between [lient A/C 76 03/30/2007 WL NMC, VL5 A/C 77 03/30/2007 NMC WL, VL5, JtL A/C 7$ 03/30/2007 WL NMC, VLS, JLL A/C 79 03/30/2007 NMC WL A/C 80 03/30/2007 NMC VLS, JLL A/C 82 f"T-! X ^ ra...,^ ^^. 7 05/01/2007 WL NMC A/C ^ Ref bate Author ( s) recipient(s) Description Privilege=s) Claimed A/C I 83 05/01/2007 NMC WL ^ and attorney. Email chain concerning patent prosecution for the purpose of legal advice including confidential communications between client and attorney, Email chain concerning patent prosecution for the purpose of legal advice including confidential communications between client and attarney. Ernail chain concerning patent prosecution for the purpose of legal advice including confidential communications between client and attorney. Ernail chain concerning patent prosecution for the purpose of legal advice including confidential communications between client and attarney, Email chain concerning patent prosecution far the purpose of legal advice including confidential communications between client and attarney. Email chain concerning patent prosecution for the purpose of legal advice including confidential communications between client and attorney. Email chain concerning patent 84 05/03/2407 NMC WL A/C 85 OS/09/2007 W3. NMC A/C $6 05/18/2007 NMC WL A/C 87 07/04/2007 NMC WL A/C 88 10/02/2007 NMC WL A/C 89 10/02/2007 WL NMC A/C ^ rn^ U,^ ^ ` i_ ^ Re# Date Author ( s) Recipient(s) Description prosecution for the purpose of legal advice including confidential communications between client and attorney. Email chain concerning patent prosecution for the purpose of legal advice including confidential communications between client and attorney. Email chain concerning patent prosecution for th ^ purpose of legal advice including confidential communications between client and attorney. Email chain concerning patent prosecution for the purpose of legal advice including confidential communications between client and attorney. Email chain concerning patent prosecution for the purpose of legal advlce including confidential communications between client and attorney, Emaii concerning representation and patent prosecution for the purpose of legal advice including confidenYsal communications between client and attorney. Email concerning representation and patent prosecution for the purpose of legal advice including confidential Privilege(s) Claimed 90 10/03/2007 WL NMC ^ A/C 91 10/05/2DD7 NMC WL A/C 92 10/05/2007 WL NMC A/C 93 12/17/2007 NMC WL AJC 94 06/il/2D08 WL NMC A/C 95 m 06/lA/2008 NMC WL A/C ^^ ^. ^. Ref Date Author { s) Recipient ( s) Description communications between client and attorney, Email concerning discovery related to the litigation. Email chain concerning representation and patent prosecution for the purpose of legal advice including confidential communications between client and attorney. Pri^iiege(s) Claimed 96 97 10/Z6/Z008 10/27/x008 Christin Cho WL ^}MC NMC W/P, TPM A/C ^ rn ^ ^ ^^ X ^ 1

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