WI-LAN Inc. v. Alcatel-Lucent USA Inc. et al

Filing 212

MOTION for Protective Order by Sony Mobile Communications (USA) Inc., Sony Mobile Communications AB. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Text of Proposed Order)(Wynne, Richard)

EXHIBIT F

ATTORNEYS AND COUNSELORS

R I C H A R D L. W Y N N E , JR.
[phone]
[e-mail]

ONE ARTS PLAZA
1722 ROUTH STREET
S U I T E 1500
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[phone]
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www.tklaw.com

AUSTIN
DALLAS
DETROIT
FORT WORTH
HOUSTON
NEW YORK
ALGIERS
LONDON
MONTERREY
PARIS

July 16,2012
David B. Weaver
VINSON ELKINS
&
LLP
2801 Via Fortuna, Suite 100
Austin, Texas 78746-7568
Re:

VLA
EMAIL

Wi-LAN v. Alcatel-Lucent et al., Case No. 6: 10-CV-52 1 (E.D. Tex.)

Dear Mr. Weaver:

I write to follow up on the meetqand+conferbetween Wi-LAN and Sony Mobile on July
9, 2012, with respect to Wi-LAN's purported amendment of its infringement contentions. As
you know, on May 11, 2012, Wi-LAN requested that Sony Mobile produce various documents
and information regarding a number of products that were not listed as Accused Instrumentalities in Wi-LAN's infringement contentions. Sony Mobile had previously produced technical
documents for the vast majority of these products showing the features of the products.
Accordingly, Sony Mobile requested, on May 25th, whether Wi-LAN intended to seek leave to
amend its infringement contentions to add these products. Sony Mobile also requested that WiLAN explain its delay in requesting leave to amend.
Rather than providing this information, Wi-LAN asserted that the boilerplate language
in its infringement contentions eliminated any need for leave to amend. In addition, Wi-LAN
asserted that it had the right to amend its infringement contentions to add those products under
P.R. 3-6(a). And that's what Wi-LAN has purported to do. Indeed, on June 14th, Wi-LAN
served amended infringement contentions under P.R. 3-6(a), purporting to add a large number
of Sony Mobile products that were not identified in its original infringement contentions. Sony
Ericsson objected to the purported amendment because P.R. 3-6(a) does not permit amendment
to add additional products.1
During the July 9th meet-and-confer, Wi-LAN indicated that it would seek leave to
amend its infringement contentions to add the additional accused products. Sony Mobile agreed
to provide a list of the products for which Sony Mobile would oppose or not oppose amendment.
In that regard, Sony Mobile produced technical information for each of the following
models at least as early as January 20, 2012, and in many cases on September 21, 201 1. That
technical information provided a listing of information as to the features of these various
products, including the extent to which the products implemented High Speed Packet Access
Sony Mobile also noted that Wi-LAN's amended infringement contentions - like its original
contentions - failed to comply with P.R. 3-1 (c)'s requirement for "[a] claim chart identifring specifically
where each element of each asserted claim is found within each Accused Instrumentality."

July 16, 2012
Page 2

("HSPA"). In addition, at the time of these disclosures, there was considerable detailed
information available on the Internet, including the Sony Ericsson (n/k/a Sony Mobile) website,
regarding the features and functionality of these products. Notwithstanding these facts, WiLAN has delayed until a month before the expertereport deadline to request leave to amend.
This is improper.
In fact, nearly two months have passed since Sony Mobile requested that Wi-LAN
explain the reasons for its delay in seeking leave to amend its infringement contentions, but WiLAN has refused to provide that information, Accordingly, Sony Mobile opposes amendment of
Wi-LAN's infringement contentions at this late date as to the following products:
Xperia pro
Xperia ray
Cedar
Xperia arc S
Xperia X10 mini

Xperia neo V
Xperia mini
Xperia X8
Xperia neo
Xperia XI0 mini pro

Xperia active
Xperia mini pro
Vivaz Pro
Xperia PlayZ

Xperia arc
Aspen
W508
Xperia Play 4G

The Sony Mobile T707 is a version of the Sony Mobile Equinox, which was identified in
Wi-LAN's original infringement contentions, and thus, is already in the case. Accordingly, Sony
Mobile does not believe that amendment of the infringement contentions is necessary to add this
product.
Sony Mobile does not oppose the amendment of Wi-LAN's infringement contentions to
add the following products for which Sony Mobile did not provide technical information at least
as early as January 20 12:
G705a

Xperia ion

Y ari

Please let me know if you have any questions.

Richard L. Wynne, Jr.

0

(

As discussed during the meet-and-confer, one version of the Xperia Play, namely the Sony
Mobile R800x, was sold to Verizon for use in a CDMA2000 network. That version does not implement

HSPA.