Case 2:22-md-03034-TGB ECF No. 164, PageID.10947 Filed 07/21/23 Page 1 of 12
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`IN RE NEO WIRELESS LLC
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`PATENT LITIGATION
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
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`2:22-MD-03034-TGB
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`HON. TERRENCE G. BERG
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`JURY TRIAL DEMANDED
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`PLAINTIFF’S UNOPPOSED MOTION FOR ISSUANCE OF LETTER OF
`REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE IN
`PROCURING EVIDENCE FROM FOREIGN THIRD PARTY
`Plaintiff Neo Wireless, LLC (“Neo”), respectfully requests, pursuant to 28
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`U.S.C. § 1781 and Federal Rules of Civil Procedure 26(b)(1) and 28(b), that the
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`Court issue a Letter of Request seeking, pursuant to the Convention of 18 March
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`1970 on the Taking of Evidence Abroad in Civil or Commercial Matters (“Hague
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`Evidence Convention”), the procurement of evidence from foreign third party LG
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`Electronics, Inc. (“LG”). LG possesses documents and knowledge to be used at trial
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`in support of Plaintiff’s infringement allegations against Defendants. Counsel for the
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`affected Defendants1 do not oppose this Motion. Specifically, Plaintiff respectfully
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`requests that the Court sign and affix its seal to the accompanying Letter of Request
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`(attached as Appendix A) and return the same with original signatures and seals to
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`1 Neo seeks to obtain from LG information regarding components incorporated into various GM,
`Honda, Toyota, and Volkswagen vehicles; counsel for these Defendants do not oppose this
`Motion.
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`1
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`IN RE NEO WIRELESS LLC
`
`PATENT LITIGATION
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
`
`2:22-MD-03034-TGB
`
`HON. TERRENCE G. BERG
`
`JURY TRIAL DEMANDED
`
`PLAINTIFF’S UNOPPOSED MOTION FOR ISSUANCE OF LETTER OF
`REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE IN
`PROCURING EVIDENCE FROM FOREIGN THIRD PARTY
`Plaintiff Neo Wireless, LLC (“Neo”), respectfully requests, pursuant to 28
`
`
`
`U.S.C. § 1781 and Federal Rules of Civil Procedure 26(b)(1) and 28(b), that the
`
`Court issue a Letter of Request seeking, pursuant to the Convention of 18 March
`
`1970 on the Taking of Evidence Abroad in Civil or Commercial Matters (“Hague
`
`Evidence Convention”), the procurement of evidence from foreign third party LG
`
`Electronics, Inc. (“LG”). LG possesses documents and knowledge to be used at trial
`
`in support of Plaintiff’s infringement allegations against Defendants. Counsel for the
`
`affected Defendants1 do not oppose this Motion. Specifically, Plaintiff respectfully
`
`requests that the Court sign and affix its seal to the accompanying Letter of Request
`
`(attached as Appendix A) and return the same with original signatures and seals to
`
`
`1 Neo seeks to obtain from LG information regarding components incorporated into various GM,
`Honda, Toyota, and Volkswagen vehicles; counsel for these Defendants do not oppose this
`Motion.
`
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`1
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`Case 2:22-md-03034-TGB ECF No. 164, PageID.10948 Filed 07/21/23 Page 2 of 12
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`Plaintiff’s counsel for transmission to the central judicial authorities via the U.S.
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`Department of State.
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`DATED: July 21, 2023
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`Respectfully submitted,
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`
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`/s/ Christopher S. Stewart
`Jason D. Cassady
`Texas State Bar No. 24045625
`Email: jcassady@caldwellcc.com
`Christopher S. Stewart
`Texas State Bar No. 24079399
`Email: cstewart@caldwellcc.com
`CALDWELL CASSADY CURRY
`P.C.
`2121 N. Pearl St., Suite 1200
`Dallas, Texas 75201
`Telephone: (214) 888-4848
`Facsimile: (214) 888-4849
`
`Jaye Quadrozzi (P71646)
`Email: quadrozzi@youngpc.com
`YOUNG, GARCIA &
`QUADROZZI, PC
`2775 Stansbury Blvd., Suite 125
`Farmington Hills, Michigan 48334
`Telephone: (248) 353-8620
`
`ATTORNEYS FOR PLAINTIFF
`NEO WIRELESS LLC
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`2
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`Case 2:22-md-03034-TGB ECF No. 164, PageID.10949 Filed 07/21/23 Page 3 of 12
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`CERTIFICATE OF SERVICE
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`I certify that counsel of record is being served with a copy of the foregoing
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`document via the Court’s CM/ECF system on July 21, 2023.
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`/s/ Christopher S. Stewart
`Christopher S. Stewart
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`3
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`Case 2:22-md-03034-TGB ECF No. 164, PageID.10950 Filed 07/21/23 Page 4 of 12
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`
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
`
`
`
`
`IN RE NEO WIRELESS, LLC
`PATENT LITIG.
`
`
`2:22-MD-03034-TGB
`HON. TERRENCE G. BERG
`JURY TRIAL DEMANDED
`
`
`
`BRIEF IN SUPPORT OF PLAINTIFF NEO WIRELESS LLC’S
`UNOPPOSED MOTION FOR ISSUANCE OF LETTER OF REQUEST FOR
`INTERNATIONAL JUDICIAL ASSISTANCE IN PROCURING
`EVIDENCE FROM FOREIGN THIRD PARTY
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`Case 2:22-md-03034-TGB ECF No. 164, PageID.10951 Filed 07/21/23 Page 5 of 12
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`STATEMENT OF THE ISSUE PRESENTED
`Whether the Court should issue a Letter of Request seeking assistance from the
`appropriate central judicial authorities of South Korea in obtaining discovery from
`a third party.
`Plaintiff’s position: Yes.
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`i
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`Case 2:22-md-03034-TGB ECF No. 164, PageID.10952 Filed 07/21/23 Page 6 of 12
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`TABLE OF CONTENTS
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`I. BACKGROUND ............................................................................................... 1
`II. ARGUMENT ..................................................................................................... 2
`III. CONCLUSION .................................................................................................. 3
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`ii
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`Case 2:22-md-03034-TGB ECF No. 164, PageID.10953 Filed 07/21/23 Page 7 of 12
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`TABLE OF MOST APPROPRIATE AUTHORITIES
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`In re Flint Water Cases No. 5:16-cv-10444, 2020 WL 2097652 (E.D. Mich. May
`1, 2020)
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`iii
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`Case 2:22-md-03034-TGB ECF No. 164, PageID.10954 Filed 07/21/23 Page 8 of 12
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`TABLE OF AUTHORITIES
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`Cases
`
`In re Flint Water Cases
` No. 5:16-cv-10444, 2020 WL 2097652 (E.D. Mich. May 1, 2020) ...................... 2
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`Statutes
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`28 U.S.C. § 1781 ........................................................................................................ 2
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`iv
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`Case 2:22-md-03034-TGB ECF No. 164, PageID.10955 Filed 07/21/23 Page 9 of 12
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`I.
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`BACKGROUND
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`Plaintiff sued Defendants in the above-captioned action, alleging that
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`Defendants’ vehicles, which possess LTE/LTE-A/5G/NR functionalities (“Accused
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`Instrumentalities”), infringe U.S. Patent No. 8,467,366 (“the ’366 patent”), U.S.
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`Patent No. 10,833,908 (“the ’908 patent”), U.S. Patent No. 10,075,941 (“the ’941
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`patent”), U.S. Patent No. 10,447,450 (“the ’450 patent”), U.S. Patent No. 10,965,512
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`(“the ’512 patent”), and U.S. Patent No. 10,771,302 (“the ’302 patent”).
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`To support its infringement claims, Plaintiff sought discovery from third-party
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`Qualcomm, including source code, concerning the Accused Instrumentalities.
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`Qualcomm informed Neo that, in order for Qualcomm to produce the source code
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`that is loaded onto the modem chips that are incorporated into Defendants’ products,
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`Neo must provide Qualcomm with the corresponding software build identifiers
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`(“build IDs”). Neo pursued this discovery from Defendants, who informed Neo that
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`certain third-party suppliers, including LG Electronics, Inc. (“LG”). Accordingly,
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`Neo seeks the instant relief to obtain this discovery from LG, as well as additional
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`identifying information pertaining to components relevant to the Accused
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`Functionalities.
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`The Letter of Request seeks the assistance of the central judicial authority of
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`South Korea in obtaining the requested build IDs and other information on the
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`1
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`Case 2:22-md-03034-TGB ECF No. 164, PageID.10956 Filed 07/21/23 Page 10 of 12
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`Accused Functionalities from LG pursuant to the Hague Evidence Convention. On
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`information and belief, LG is headquartered in South Korea.
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`II. ARGUMENT
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`A letter of request transmitted pursuant to the Hague Evidence Convention is
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`a formal request for judicial assistance in producing evidence that is transmitted
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`between the central judicial authorities of the issuing and receiving countries.
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`Federal district courts have the authority to issue letters of request pursuant to the
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`Hague Evidence Convention, to which Korea is a signatory. See 28 U.S.C. § 1781;
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`22 C.F.R. § 92.54; FED R. CIV. P. 28(b); In re Flint Water Cases, No. 5:16-cv-
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`10444, 2020 WL 2097652, at *1 (E.D. Mich. May 1, 2020). The issuance of letters
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`of request is a matter that lies within the Court’s discretion. Flint, 2020 WL 2097652
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`at *1.
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`The evidence sought pertains to the Accused Functionalities in this case,
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`namely, the software build IDs corresponding to the software loaded onto the
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`modem chips ultimately incorporated into Defendants’ products. Providing this
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`information will enable the manufacturers of these modem chips to identify and
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`produce the correct source code, which will directly evince Defendants’
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`infringement in this case. Thus, the evidence sought is directly relevant to the central
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`issue in each case and is necessary to obtain evidence that will be used at trial. The
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`letter of request seeks documents showing any software build IDs corresponding to
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`2
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`Case 2:22-md-03034-TGB ECF No. 164, PageID.10957 Filed 07/21/23 Page 11 of 12
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`the Accused Products, as well as identifying information on the components supplied
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`by LG to Defendants. If the court to whom the letter is addressed declines to compel
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`the production of documentary evidence, the letter also seeks the deposition of a
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`corporate representatives on the matter.
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`III. CONCLUSION
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`For the foregoing reasons, Plaintiff respectfully requests that the Court grant
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`Plaintiff’s motion, sign and affix its seal to the Letter of Request (attached as
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`Appendix A) and return the same with original signature and seal to Plaintiff’s
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`counsel for forwarding to the U.S. Department of State.
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`3
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`Case 2:22-md-03034-TGB ECF No. 164, PageID.10958 Filed 07/21/23 Page 12 of 12
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`DATED: July 21, 2023
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`Respectfully submitted,
`/s/ Christopher S. Stewart
`Jason D. Cassady
`Texas State Bar No. 24045625
`Email: jcassady@caldwellcc.com
`Christopher S. Stewart
`Texas State Bar No. 24079399
`Email: cstewart@caldwellcc.com
`CALDWELL CASSADY CURRY
`P.C.
`2121 N. Pearl St., Suite 1200
`Dallas, Texas 75201
`Telephone: (214) 888-4848
`Facsimile: (214) 888-4849
`
`Jaye Quadrozzi (P71646)
`YOUNG, GARCIA &
`QUADROZZI, PC
`2775 Stansbury Blvd., Suite 125
`Farmington Hills, MI 48334
`Telephone: (248) 353-8620
`Email: quadrozzi@youngpc.com
`
`ATTORNEYS FOR PLAINTIFF
`NEO WIRELESS, LLC
`
`
`
`
`
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`CERTIFICATE OF SERVICE
`
`The undersigned certifies that on July 21, 2023, the foregoing document was
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`filed electronically with the Clerk of Court using the CM/ECF system, which will
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`send notification of such filing to all attorneys of record.
`
`/s/ Christopher S. Stewart
`Christopher S. Stewart
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`4
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