Case 2:22-md-03034-TGB ECF No. 209-6, PageID.11931 Filed 12/29/23 Page 1 of 3
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`Exhibit E
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`Case 2:22-md-03034-TGB ECF No. 209-6, PageID.11932 Filed 12/29/23 Page 2 of 3
`
`Bjorn Blomquist
`Russell W. Warnick; Neo_JDG_All_Defs@fr.com
`neowireless@caldwellcc.com
`RE: In Re Neo Wireless, LLC Patent Litig., Case No. 2:22-md-3034-TGB - Notice of Subpoena to AT&T Mobility
`Wednesday, March 22, 2023 3:25:23 PM
`image001.png
`image002.png
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`From:
`To:
`Cc:
`Subject:
`Date:
`Attachments:
`
`Counsel,
`
`I write on behalf of Plaintiff Neo Wireless, LLC as to the subpoena served on AT&T Mobility LLC
`(“AT&T”):
`
`Plaintiff objects to the burden and expense on the parties of this subpoena, given that many of the
`topics are overly broad, unduly burdensome, not proportional to the needs of this case, and seeking
`information that is not reasonably calculated to lead to the discovery of admissible evidence. In
`particular, the requests aimed at uncovering additional prior art are untimely in view of the Court’s
`Scheduling Order, which required Defendants to serve invalidity contentions over four months ago
`and conduct timely discovery to update them as soon as possible. Given that Defendants did not, in
`three months of fact discovery prior to that deadline, even serve this subpoena, Defendants waived
`any claim of diligence in seeking to uncover additional system art after the deadline. Similarly, the
`requests aimed at pursuing Defendants’ baseless derivation or related unenforceability theories are
`unduly burdensome, untimely, and improper given that Defendants’ theories lack any foundation and
`fail as a matter of law. Defendants did not serve this subpoena in the four months of fact discovery
`prior to the pleading of their baseless derivation and unenforceability theories, and they now seek to
`conduct a fishing expedition in an attempt to shore up their improperly pleaded claims.
`
`Please let us know immediately if the noticed deposition is going forward, or when it is scheduled as
`soon as Defendants and AT&T determine an alternate date. Should the deposition go forward,
`Plaintiff reserves the right to serve a companion subpoena to AT&T for the sake of efficiency. Please
`also produce or include us in all communications with AT&T about the subpoena.
`
`Sincerely,
`-Bjorn
`
`Bjorn A. Blomquist /// Caldwell Cassady Curry P.C.
`2121 North Pearl Street, Suite 1200
`Dallas, Texas 75201
`Office Line: (214) 888-4960
`Mobile: (608) 790-0902
`bblomquist@caldwellcc.com
`
`NOTICE OF CONFIDENTIALITY:
`The information contained in this e-mail is subject to the ATTORNEY-CLIENT and ATTORNEY WORK
`PRODUCT PRIVILEGE and is CONFIDENTIAL. It is intended only for the recipient(s) designated above. Any
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`you should be immediately destroyed.
`
`From: Russell W. Warnick <rwarnick@sternekessler.com>
`Sent: Wednesday, March 8, 2023 11:26 AM
`To: neowireless@caldwellcc.com
`
`

`

`Case 2:22-md-03034-TGB ECF No. 209-6, PageID.11933 Filed 12/29/23 Page 3 of 3
`
`Cc: Neo_JDG_All_Defs@fr.com
`Subject: In Re Neo Wireless, LLC Patent Litig., Case No. 2:22-md-3034-TGB - Notice of Subpoena to
`AT&T Mobility
`
`Counsel, please find attached:
`
`Notice of Subpoena to AT&T Mobility LLC
`
`Regards,
`
`Russell W. Warnick (he/him)
`Paralegal
`Sterne, Kessler, Goldstein & Fox P.L.L.C.
`1100 New York Avenue, NW, Washington, DC 20005
`
`Email: rwarnick@sternekessler.com
`Direct: 202.772.8883 Main: 202.371.2600
`
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`
`