Case 2:22-md-03034-TGB ECF No. 182-6, PageID.11283 Filed 09/27/23 Page 1 of 2
`
`EXHIBIT E
`
`

`

`Case 2:22-md-03034-TGB ECF No. 182-6, PageID.11284 Filed 09/27/23 Page 2 of 2
`
`
`From:From:
`To:
`Cc:
`
`Subject:
`
`Date:Date:
`Attachments:
`
`
`Chris StewartChris Stewart
`Liz Ranks; John S. LeRoy; Conrad Gosen; neowireless@caldwellcc.com
`DL_Nissan-Neo@jenner.com; dla-toyota-neowireless@us.dlapiper.com; FCA-Neo@Venable.com;
`MercedesNeoWireless@hoganlovells.com; [SERVICE] GM/Neo; Service-Honda/Neo; [SERVICE] Tesla/Neo;
`quadrozzi@youngpc.com; VW-Neo@sternekessler.com; FMCL0315L@brookskushman.com; pmodi@jenner.com
`RE: In re Neo Wireless - MDL-wide Discovery Issues
`
`Tuesday, September 12, 2023 6:29:24 PMTuesday, September 12, 2023 6:29:24 PM
`image001.png
`image002.png
`image003.png
`image004.png
`image005.png
`
`Counsel for defendants,
`
`Based on the clarification below, can y’all let me know if any defendant still disputes/refuses to
`produce the vehicle connectivity pricing info that is the subject of the hearing tomorrow? If there’s
`no dispute there, we’d just be down to the infotainment issue and the data monetization issue.
`
`On the Avanci issue, I wanted to make one more pass at resolving it or at least crystallizing the
`dispute. We object to Defendants’ attempt to prematurely shoehorn this issue into the hearing,
`without fully conferring or following any of the agreed-upon procedures for email discovery or
`privilege logs. But nevertheless, to avoid burdening the Court with a purely hypothetical dispute, we
`went ahead and did a preliminary review of the impacted emails and documents. I can now confirm
`the following:
`Consistent with what I agreed to below, we will (at the appropriate time) produce all
`communications exchanged with Avanci regarding Neo potentially joining the Avanci patent
`pool/MLMA, and will not withhold any of those communications on privilege/immunity
`grounds (subject to our non-waiver agreement and admissibility objections), with one
`exception.
`
`The one exception: we will not produce the infringement claim charts/analyses that wereThe one exception: we will not produce the infringement claim charts/analyses that were
`shared with Avanci by email. Those charts were prepared by Neo with counsel in anticipation
`shared with Avanci by email. Those charts were prepared by Neo with counsel in anticipation
`of litigation, and were shared with Avanci under NDA or with an expectation of confidentiality.
`of litigation, and were shared with Avanci under NDA or with an expectation of confidentiality.
`Work product protection is not waived by sharing confidentially with a non-adversary in these
`Work product protection is not waived by sharing confidentially with a non-adversary in these
`circumstances.
`circumstances.
`
`Finally, while we’ve focused our discussions on Neo’s negotiations about joining Avanci’sFinally, while we’ve focused our discussions on Neo’s negotiations about joining Avanci’s
`patent pool (because that’s what you’ve asked for), Defendants also know that Avanci was
`patent pool (because that’s what you’ve asked for), Defendants also know that Avanci was
`later involved in distinct discussions about a possible group resolution of this litigation. So to
`later involved in distinct discussions about a possible group resolution of this litigation. So to
`make clear where the disputes lie, I can tell you we will withhold as privileged/work product
`make clear where the disputes lie, I can tell you we will withhold as privileged/work product
`any communications between Neo and Avanci about that subsequent group settlement.
`any communications between Neo and Avanci about that subsequent group settlement.
`
`
`Let me know if this resolves the dispute.
`
`Thanks,
`Chris
`
`
`Chris Stewart | Caldwell Cassady Curry PC
`
`