Case 2:22-md-03034-TGB ECF No. 196, PageID.11467 Filed 11/16/23 Page 1 of 13
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
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`
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`IN RE NEO WIRELESS LLC
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`PATENT LITIGATION
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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 LETTERS OF
`REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE IN
`PROCURING EVIDENCE FROM FOREIGN THIRD PARTIES
`Plaintiff Neo Wireless, LLC (“Neo”), respectfully requests, pursuant to 28
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`
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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 Letters 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 parties LG
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`Electronics, Inc. (“LG”) and LG Electronics Deutschland GmbH (“LGD”). LG and
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`LGD possess documents and knowledge to be used at trial in support of Plaintiff’s
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`infringement allegations against certain Defendants. Counsel for the Defendants to
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`whom the requested discovery pertains1 does not oppose this Motion. Specifically,
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`Plaintiff respectfully requests that the Court sign and affix its seal to the
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`accompanying Letters of Request (attached as Appendices A & B) and return the
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`1 Neo seeks to obtain from LG information regarding components incorporated into various
`Volkswagen vehicles; counsel for the Volkswagen Defendants does not oppose this Motion.
`1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
`
`
`
`IN RE NEO WIRELESS LLC
`
`PATENT LITIGATION
`
`
`
`2:22-MD-03034-TGB
`
`HON. TERRENCE G. BERG
`
`JURY TRIAL DEMANDED
`
`PLAINTIFF’S UNOPPOSED MOTION FOR ISSUANCE OF LETTERS OF
`REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE IN
`PROCURING EVIDENCE FROM FOREIGN THIRD PARTIES
`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 Letters 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 parties LG
`
`Electronics, Inc. (“LG”) and LG Electronics Deutschland GmbH (“LGD”). LG and
`
`LGD possess documents and knowledge to be used at trial in support of Plaintiff’s
`
`infringement allegations against certain Defendants. Counsel for the Defendants to
`
`whom the requested discovery pertains1 does not oppose this Motion. Specifically,
`
`Plaintiff respectfully requests that the Court sign and affix its seal to the
`
`accompanying Letters of Request (attached as Appendices A & B) and return the
`
`
`1 Neo seeks to obtain from LG information regarding components incorporated into various
`Volkswagen vehicles; counsel for the Volkswagen Defendants does not oppose this Motion.
`1
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`Case 2:22-md-03034-TGB ECF No. 196, PageID.11468 Filed 11/16/23 Page 2 of 13
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`same with original signatures and seals to Plaintiff’s counsel for transmission to the
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`central judicial authorities via the U.S. Department of State.
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`DATED: November 16, 2023
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`Respectfully submitted,
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`
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`/s/ Jason D. Cassady
`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. 196, PageID.11469 Filed 11/16/23 Page 3 of 13
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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 CM/ECF system on November 16, 2023.
`
`/s/ Jason D. Cassady
`Jason D. Cassady
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`Case 2:22-md-03034-TGB ECF No. 196, PageID.11470 Filed 11/16/23 Page 4 of 13
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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 LETTERS OF REQUEST
`FOR INTERNATIONAL JUDICIAL ASSISTANCE IN PROCURING
`EVIDENCE FROM FOREIGN THIRD PARTIES
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`Case 2:22-md-03034-TGB ECF No. 196, PageID.11471 Filed 11/16/23 Page 5 of 13
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`STATEMENT OF THE ISSUE PRESENTED
`Whether the Court should issue Letter of Requests seeking assistance from the
`appropriate central judicial authorities of South Korea and Germany 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. 196, PageID.11472 Filed 11/16/23 Page 6 of 13
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`TABLE OF CONTENTS
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`I. BACKGROUND ............................................................................................... 1
`II. ARGUMENT ..................................................................................................... 2
`III. CONCLUSION .................................................................................................. 4
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`ii
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`Case 2:22-md-03034-TGB ECF No. 196, PageID.11473 Filed 11/16/23 Page 7 of 13
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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. 196, PageID.11474 Filed 11/16/23 Page 8 of 13
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`Cases
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`TABLE OF AUTHORITIES
`
`In re Flint Water Cases
`No. 5:16-cv-10444, 2020 WL 2097652 (E.D. Mich. May 1, 2020) ...................... 3
`In re Urethane Antitrust Litig.
`267 F.R.D. 361 (D. Kan. 2010) .............................................................................. 3
`Statutes
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`28 U.S.C. § 1781 ........................................................................................................ 3
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`Other Authorities
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`22 C.F.R. § 92.54 ....................................................................................................... 3
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`Rules
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`Fed. R. Civ. P. 28(b) .................................................................................................. 3
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`iv
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`Case 2:22-md-03034-TGB ECF No. 196, PageID.11475 Filed 11/16/23 Page 9 of 13
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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
`
`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
`
`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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`
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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 directed Neo to
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`certain third-party suppliers, including LG Electronics, Inc. (“LG”) and LG
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`Electronics Deutschland GmbH (“LGD”). Counsel for LG indicated that it would
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`not provide Neo with the requested discovery absent a formal request submitted via
`
`the Hague Evidence Convention.
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`
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`The Court granted a previous Motion for Issuance filed by Neo seeking this
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`discovery from LG. See Dkt. 170. In response to the letter of request previously
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`issued, the Korean authorities requested additional detail in order to process the
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`1
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`Case 2:22-md-03034-TGB ECF No. 196, PageID.11476 Filed 11/16/23 Page 10 of 13
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`request. Accordingly, Neo now seeks the issuance of a letter of request containing
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`additional detail.
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`In addition, Neo seeks the issuance of a letter of request to the appropriate
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`German authorities seeking discovery from LG’s German subsidiary. On
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`information and belief, both LG and LGD possess the discovery sought by Neo; the
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`issuance of both letters is intended to maximize Neo’s chances of obtaining such
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`discovery as expediently as possible.
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`Accordingly, Neo requests the instant relief to obtain this discovery from LG
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`and LGD, as well as additional identifying information pertaining to components
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`relevant to the Accused Functionalities.
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`The Letters of Request seek the assistance of the central judicial authorities of
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`South Korea and the German state of Hesse in obtaining the requested build IDs and
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`other information on the Accused Functionalities from LG and LGD, respectively,
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`pursuant to the Hague Evidence Convention. On information and belief, LG is
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`headquartered in South Korea. On information and belief, LGD is headquartered in
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`the German state of Hesse.
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`II. ARGUMENT
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`
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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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`2
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`Case 2:22-md-03034-TGB ECF No. 196, PageID.11477 Filed 11/16/23 Page 11 of 13
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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 and Germany are signatories. See 28
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`U.S.C. § 1781, 22 C.F.R. § 92.54; FED. R. CIV. P. 28(b) In re Flint Water Cases,
`
`No. 5:16-cv-10444, 2020 WL 2097652, at *1 (E.D. Mich. May 1, 2020) In re
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`Urethane Antitrust Litig., 267 F.R.D. 361, 364 (D. Kan. 2010.)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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`the Accused Products, as well as identifying information on the components supplied
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`by LG and LGD to Defendants. If the court to whom the letter is addressed declines
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`to compel the production of documentary evidence, the letters also seek, variously,
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`the deposition of a corporate representative on the matter or a written responsive
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`statement from the third party to whom the letter is addressed.
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`3
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`Case 2:22-md-03034-TGB ECF No. 196, PageID.11478 Filed 11/16/23 Page 12 of 13
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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 Letters of Request (attached as
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`Appendices A and B) and return the same with original signature and seal to
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`Plaintiff’s counsel for forwarding to the U.S. Department of State.
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`4
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`Case 2:22-md-03034-TGB ECF No. 196, PageID.11479 Filed 11/16/23 Page 13 of 13
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`DATED: November 16, 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 November 16, 2023, the foregoing document
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`was filed electronically with the Clerk of Court using the CM/ECF system, which
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`will send notification of such filing to all attorneys of record.
`
`/s/ Christopher S. Stewart
`Christopher S. Stewart
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`
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