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`October 6, 2020
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`
`VIA E-FILING
`The Honorable Leonard P. Stark
`J. Caleb Boggs Federal Building
`844 N. King Street
`Room 6124, Unit 26
`Wilmington, DE 19801-3556
`
`
`RE:
`
`
`Elm 3DS Innovations, LLC v. Samsung Electronics Co., Ltd. et al.,
`(C.A. No. 14-cv-1430-LPS)
`
`
`
`Dear Chief Judge Stark,
`
`Plaintiff writes in conjunction with the Stipulation to Amend Scheduling Order to explain its
`position regarding the circumstances that required this proposed amendment.
`
`Samsung has failed to meet the substantial completion deadline in two significant ways.
`
`First, Samsung has refused to produce critical technical data responsive to numerous Elm
`requests until after the parties finalize a representative-products agreement. See D.I. 280 at 1. At
`the same time, Samsung has prevented the parties from finalizing a representative-products
`agreement by failing to produce data necessary for Elm to negotiate such an agreement.
`Samsung’s delays ultimately forced Elm to file a motion to compel. See id. The Court largely
`granted that motion, ordering Samsung to complete a chart providing information about the
`accused products that the parties could then use to negotiate a representative-products
`agreement. See D.I. 293. The Court ordered to Samsung to complete that chart by June 19. See
`id.
`
`
`But, much like Samsung ignored this Court’s substantial completion deadline, Samsung
`disregarded the Court’s June 19 deadline. Instead of providing a completed chart in accordance
`with the Court’s order, the chart Samsung provided was incomplete and erroneous. For example,
`the chart failed to include entire categories of data ordered by the Court, and omitted billions of
`dollars in relevant sales information. It was not until September 4th—more than 2 months after
`the Court’s July 19th deadline and a week after the substantial completion deadline—that
`Samsung provided a chart that appears to have corrected those errors (though the chart is still
`missing a significant amount of technical data Samsung was ordered to produce, but now claims
`it has been unable to locate).
`
` Samsung also failed to complete its production of custodial and other documents by the
`substantial completion deadline. Since the deadline passed, Samsung has produced 29,038
`documents / 67,647 pages. Samsung has indicated that it has a significant number of additional
`custodial documents left to produce, and that it will be unable to complete that production until
`October 16th, a full month and a half after the Court’s substantial completion deadline.
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`9 1 9 N . M A R K E T S T R E E T , 1 2 T H F L O O R , W I L M I N G T O N , D E 1 9 8 0 1
`P H O N E : ( 3 0 2 ) 7 7 7 – 0 3 0 0 · F A X : ( 3 0 2 ) 7 7 7 – 0 3 0 1 · W W W . F A R N A N L A W . C O M
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`Case 1:14-cv-01430-LPS Document 339 Filed 10/06/20 Page 2 of 2 PageID #: 21459
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`We are available at the Court’s convenience to discuss this matter further.
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`Respectfully submitted,
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`/s/ Brian E. Farnan
`
`Brian E. Farnan
`
`cc:
`
`Counsel of Record (via E-File)
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`2
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