Case 1:14-cv-01430-LPS Document 329 Filed 09/01/20 Page 1 of 5 PageID #: 21390
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`ELM 3DS INNOVATIONS, LLC, a
`Delaware limited liability company,
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`v.
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`SAMSUNG ELECTRONICS CO., LTD., a
`Korean business entity,
`SAMSUNG SEMICONDUCTOR, INC., a
`California corporation,
`SAMSUNG ELECTRONICS AMERICA,
`INC., a New York corporation, and
`SAMSUNG AUSTIN SEMICONDUCTOR,
`LLC, a Delaware limited liability company,
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`Plaintiff,
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`Defendants.
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`LETTER TO THE HONORABLE JENNIFER L. HALL FROM
`ADAM W. POFF REGARDING SAMSUNG DEFENDANTS’ RESPONSE TO
`PLAINTIFF’S AUGUST 19, 2020 DISCOVERY LETTER (D.I. 322)
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`C.A. No. 14-1430-LPS
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`YOUNG CONAWAY STARGATT &
`TAYLOR, LLP
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`Adam W. Poff (No. 3990)
`Pilar G. Kraman (No. 5199)
`Rodney Square
`1000 North King Street
`Wilmington, DE 19801
`(302) 571-6600
`apoff@ycst.com
`pkraman@ycst.com
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`Attorneys for Defendants Samsung Electronics
`Co., Ltd., Samsung Semiconductor, Inc.,
`Samsung Electronics America, Inc., and
`Samsung Austin Semiconductor, LLC
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`Dated: August 25, 2020
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`OF COUNSEL:
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`Allan M. Soobert
`Naveen Modi
`Phillip W. Citroën
`PAUL HASTINGS LLP
`875 15th Street, N.W.
`Washington, D.C. 20005
`(202) 551-1700
`(202) 551-1705 (fax)
`allansoobert@paulhastings.com
`naveenmodi@paulhastings.com
`phillipcitroen@paulhastings.com
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`26950871.1
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`Redacted Version: September 1, 2020
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`REDACTED - PUBLIC VERSION
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`Case 1:14-cv-01430-LPS Document 329 Filed 09/01/20 Page 2 of 5 PageID #: 21391
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`VIA E-FILING
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`The Honorable Jennifer L. Hall
`United States District Court
`District of Delaware
`844 N. King Street
`Wilmington, DE 19801-3568
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`Re:
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`WILMINGTON
`RODNEY SQUARE
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`NEW YORK
`ROCKEFELLER CENTER
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`Adam W. Poff
`P 302.571.6642
`F 302.576.3326
`apoff@ycst.com
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`August 25, 2020
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`ELM 3DS Innovations, LLC v. Samsung Electronics Co., Ltd. et al.,
`C.A. No. 14-cv-1430-LPS-CJB
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`Dear Magistrate Judge Hall:
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`Samsung respectfully responds to Plaintiff Elm’s letter of August 19, 2020. Elm’s
`requests for relief are moot except for one, which Samsung does not oppose.
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`Elm raises several categories of third-party materials in Samsung’s possession for which
`it seeks to compel production, each of which is addressed below.
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`First, Elm refers to a license agreement with
` objected to the production of this
` that Samsung has not produced.
`agreement on the basis that the Court had not entered a signed protective order in this case. Ex.
`1. In response, Samsung explained to
` that the parties’ proposed protective order, which
`the Court adopted on May 6, 2016 (“so ordered” at D.I. 117), is and has been fully operative
`throughout the duration of this case. Samsung also offered
` a letter jointly with Elm
`providing further reassurances that they will abide by the terms of that protective order in the
`production of this document. Ex. 2. As of August 25, 2020,
` has still not withdrawn its
`objection, despite Samsung’s efforts to resolve its concerns. Samsung does not oppose Elm’s
`request for an order compelling the production of this license agreement.
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`Second, Elm seeks production of Samsung’s third-party communications, including those
`with its dielectric suppliers. Samsung has already produced relevant third-party communications
`located after a reasonable search and has not withheld any such communications of which it is
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`Rodney Square ● 1000 North King Street ● Wilmington, DE 19801
`P 302.571.6600 F 302.571.1253 YoungConaway.com
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`REDACTED - PUBLIC VERSION
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`Case 1:14-cv-01430-LPS Document 329 Filed 09/01/20 Page 3 of 5 PageID #: 21392
`YOUNG CONAWAY STARGATT & TAYLOR, LLP
`The Honorable Jennifer L. Hall
`August 25, 2020
`Page 2
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`presently aware, except for those with
` has
`objection from
`. Since the filing of Elm’s discovery letter,
`agreed to the production of the documents with certain personal information redacted. This issue
`is therefore moot.
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`, due to an
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`Third, Elm seeks production of samples of certain Samsung accused products, which are
`subject to agreements with
`. Samsung provided
` with notice of Elm’s request, asking
`whether
` objects to Samsung’s production of these samples. Since then,
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`responded that it does not object to this production and, accordingly, this issue is also moot.1
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`Finally, Samsung notes that, like defendants Micron and SK Hynix, it has not produced
`certain purchase agreements with its customers because it has not yet received their consent, but
`Samsung has provided these third parties the opportunity to respond to Elm’s current letter
`seeking these documents. As of August 25, 2020, Samsung has not yet received consent to
`produce the relevant purchase agreements from only two of its U.S.-based customers. Samsung
`takes no position with respect to Elm’s request for these purchase agreements.
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`Respectfully submitted,
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`/s/ Adam W. Poff
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`Adam W. Poff (No. 3990)
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`Counsel of Record (via E-Filing and E-Mail)
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`cc:
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`1 Samsung and Elm are working toward a representative products agreement. Samsung
`respectfully submits that it would be more efficient and least burdensome for all samples to be
`provided after the parties reach agreement on representative products, since these
` samples
`may ultimately not be representative of any product grouping. Regardless, Elm has failed to
`diligently address issues regarding samples. Samsung provided Elm with pricing information for
`memory product samples on July 13, 2020, in response to an initial identification from Elm on
`July 5, 2020. Ex. 3. Elm never responded with a list of those products it wished to purchase.
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`Case 1:14-cv-01430-LPS Document 329 Filed 09/01/20 Page 4 of 5 PageID #: 21393
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`CERTIFICATE OF SERVICE
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`I, Adam W. Poff, hereby certify that on September 1, 2020, I caused to be
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`electronically filed a true and correct copy of the foregoing document with the Clerk of the Court
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`using CM/ECF, which will send notification that such filing is available for viewing and
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`downloading to the following counsel of record:
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`Joseph J. Farnan, Jr. Esquire
`Brian E. Farnan, Esquire
`Michael J. Farnan, Esquire
`Farnan, LLP
`919 North Market Street, 12th Floor
`Wilmington, DE 19801
`farnan@farnanlaw.com
`bfarnan@farnanlaw.com
`mfarnan@farnanlaw.com
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`Attorneys for Plaintiff
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`I further certify that on September 1, 2020, I caused a true and correct copy of the
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`foregoing document to be served by e-mail on the above-listed counsel of record, and on the
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`following:
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`Adam K. Mortara, Esquire
`Matthew R. Ford, Esquire
`Bartlit Beck LLP
`54 West Hubbard Street, Suite 300
`Chicago, IL 60654
`adam.mortara@bartlit-beck.com
`matthew.ford@bartlit-beck.com
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`16577858.1
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`Case 1:14-cv-01430-LPS Document 329 Filed 09/01/20 Page 5 of 5 PageID #: 21394
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`John M. Hughes, Esquire
`Katherine L.I. Hacker, Esquire
`Nosson D. Knobloch, Esquire
`Daniel C. Taylor, Esquire
`Bartlit Beck LLP
`1801 Wewatta, Suite 1200
`Denver, CO 80202
`john.hughes@bartlit-beck.com
`kat.hacker@bartlit-beck.com
`nosson.knobloch@bartlit-beck.com
`dan.taylor@bartlit-beck.com
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`Attorneys for Plaintiff
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` YOUNG CONAWAY STARGATT
` & TAYLOR, LLP
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`/s/ Adam W. Poff
`Adam W. Poff (No. 3990)
`Pilar G. Kraman (No. 5199)
`Rodney Square
`1000 North King Street
`Wilmington, Delaware 19801
`(302) 571-6600
`apoff@ycst.com
`pkraman@ycst.com
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`Attorneys for Defendants Samsung Electronics Co.,
`Ltd., Samsung Semiconductor,
`Inc., Samsung
`Electronics America, Inc., and Samsung Austin
`Semiconductor, LLC
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`16577858.1
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