`
`
`
`EXHIBIT 2013
`EXHIBIT 201 3
`
`

`

`Lauren Van Winkle
`
`From:
`Sent:
`To:
`Cc:
`Subject:
`
`JFeldhaus@foley.com
`Wednesday, November 13, 2013 5:23 AM
`Justin Nemunaitis
`Ericsson_D-Link; ToshibaDefendants-Ericsson@foley.com
`RE: Ericsson v. D-Link - Broadcom IPR
`
`Justin,
`
`
`As I have now made clear several times, Toshiba’s position is that Ericsson’s issues should be addressed to Broadcom
`and through the appropriate procedures at the PTAB.
`
`
`Respectfully,
`
`
`John J. Feldhaus
`Foley & Lardner LLP
`3000 K Street, N.W.
`Washington, D.C. 20007
`(202) 672-5403
`
`
`
`From: Justin Nemunaitis [mailto:jnemunaitis@McKoolSmith.com]
`Sent: Tuesday, November 12, 2013 5:38 PM
`To: Feldhaus, John J.
`Cc: Ericsson_D-Link; ToshibaDefendants-Ericsson
`Subject: RE: Ericsson v. D-Link - Broadcom IPR
`
`John,
`
`
`Following up on my email below. If Toshiba is unwilling to redact the document, is Toshiba willing to provide Ericsson’s
`IPR counsel and the PTAB access to the document if a suitable protective order can be obtained from the PTAB?
`
`
`Regards,
`Justin
`
`
`From: Justin Nemunaitis
`Sent: Tuesday, November 12, 2013 3:31 PM
`To: 'JFeldhaus@foley.com'
`Cc: Ericsson_D-Link; ToshibaDefendants-Ericsson@foley.com
`Subject: RE: Ericsson v. D-Link - Broadcom IPR
`
`John,
`
`Is Toshiba willing to provide a redacted version of this document that is non-confidential or is it your position that the
`document cannot be redacted?
`
`
`Regards,
`Justin
`
`
`From: JFeldhaus@foley.com [mailto:JFeldhaus@foley.com]
`Sent: Tuesday, November 12, 2013 12:51 PM
`
`1
`
`

`

`To: Justin Nemunaitis
`Cc: Ericsson_D-Link; ToshibaDefendants-Ericsson@foley.com
`Subject: RE: Ericsson v. D-Link - Broadcom IPR
`
`Justin,
`
`
`The confidentiality designation for TOSH-0384297 is proper under the Protective Order. Again, Ericsson’s issues should
`addressed to Broadcom and in the appropriate forum.
`
`
`Regards,
`
`John
`
`
`From: Justin Nemunaitis [mailto:jnemunaitis@McKoolSmith.com]
`Sent: Monday, November 11, 2013 3:07 PM
`To: Feldhaus, John J.
`Cc: Ericsson_D-Link; ToshibaDefendants-Ericsson
`Subject: RE: Ericsson v. D-Link - Broadcom IPR
`
`John,
`
`
`We intend to raise these issues with Broadcom. However, we also request that Toshiba remove the confidentiality
`designation for TOSH-0384297. If Toshiba will not agree to do so, please let me know why.
`
`
`Regards,
`Justin
`
`
`From: JFeldhaus@foley.com [mailto:JFeldhaus@foley.com]
`Sent: Sunday, November 10, 2013 12:55 PM
`To: Justin Nemunaitis
`Cc: Ericsson_D-Link; ToshibaDefendants-Ericsson@foley.com
`Subject: RE: Ericsson v. D-Link - Broadcom IPR
`
`
`Dear Justin,
`
`
`This is in response to your emails, below, relating to petitions for inter partes review of patents involved in the Ericsson
`v. D-Link case. The issues you raise relate to Broadcom and should be addressed to counsel for Broadcom.
`
`
`Respectfully,
`
`
`John J. Feldhaus
`Foley & Lardner LLP
`3000 K Street, N.W.
`Washington, D.C. 20007
`(202) 672-5403
`
`
`
`From: Justin Nemunaitis [mailto:jnemunaitis@McKoolSmith.com]
`Sent: Friday, November 08, 2013 5:17 PM
`To: ToshibaDefendants-Ericsson
`Cc: Ericsson_D-Link
`Subject: RE: Ericsson v. D-Link - Broadcom IPR
`
`
`Counsel for Toshiba,
`
`2
`
`

`

`
`
`Following up on my emails below. Ericsson also requests that you provide a non-confidential version of the following
`document:
`
`
`TOSH-0384297
`
`
`Regards,
`Justin
`
`
`
`From: Justin Nemunaitis
`Sent: Friday, November 08, 2013 4:15 PM
`To: Morgan, Christine (CMorgan@ReedSmith.com); ToshibaDefendants-Ericsson@foley.com; Dell-Ericsson@alston.com
`(Alston) (Dell-Ericsson@alston.com)
`Cc: Ericsson_D-Link
`Subject: RE: Ericsson v. D-Link - Broadcom IPR
`
`
`Counsel,
`
`
`Following up on my email below, please let me know if Defendants will be providing the requested information in a form
`that may be shared with the PTAB and with Ericsson’s IPR counsel.
`
`
`Thanks,
`Justin
`
`
`From: Justin Nemunaitis
`Sent: Wednesday, November 06, 2013 4:38 PM
`To: Morgan, Christine (CMorgan@ReedSmith.com); ToshibaDefendants-Ericsson@foley.com; Dell-Ericsson@alston.com
`(Alston) (Dell-Ericsson@alston.com)
`Cc: Ericsson_D-Link
`Subject: RE: Ericsson v. D-Link - Broadcom IPR
`
`
`Dear Counsel,
`
`I write in regard to Broadcom’s petitions for inter partes review of the patents found infringed in Ericsson v. D-Link.
`Ericsson believes that those petitions should be barred under 35 U.S.C. § 315(b) because at least one of the defendants
`in this case is the privy of Broadcom. To assist the PTAB in evaluating that issue, we request that Defendants allow the
`PTAB access to relevant documents. Specifically, Ericsson requests that Defendants provide non-confidential versions of
`the documents below that can be shared with the PTAB and with Ericsson’s IPR counsel:
`
`
`• All indemnity agreements between Defendants and Broadcom related to the products at issue in the lawsuit.
`• All joint defense agreements related to Ericsson v. D-Link signed by Broadcom and any of the defendants in this
`case.
`
`
`If Defendants will not agree to Ericsson’s requests, please let me know why.
`
`
`Thanks,
`Justin
`
`
`
`Justin Nemunaitis | McKool Smith
`300 Crescent Court, Suite 1500, Dallas, Texas 75201
`tel: 214.978.4213 fax: 214.978.4044
`
`3
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`
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`client(s) represented by the Firm in the particular matter that is the subject of this message, and may not be
`relied upon by any other party. Internal Revenue Service regulations require that certain types of written advice
`include a disclaimer. To the extent the preceding message contains advice relating to a Federal tax issue, unless
`expressly stated otherwise the advice is not intended or written to be used, and it cannot be used by the recipient
`or any other taxpayer, for the purpose of avoiding Federal tax penalties, and was not written to support the
`promotion or marketing of any transaction or matter discussed herein.
`The preceding email message may be confidential or protected by the attorney-client privilege. It is not intended
`for transmission to, or receipt by, any unauthorized persons. If you have received this message in error, please
`(i) do not read it, (ii) reply to the sender that you received the message in error, and (iii) erase or destroy the
`message. Legal advice contained in the preceding message is solely for the benefit of the Foley & Lardner LLP
`client(s) represented by the Firm in the particular matter that is the subject of this message, and may not be
`relied upon by any other party. Internal Revenue Service regulations require that certain types of written advice
`include a disclaimer. To the extent the preceding message contains advice relating to a Federal tax issue, unless
`expressly stated otherwise the advice is not intended or written to be used, and it cannot be used by the recipient
`or any other taxpayer, for the purpose of avoiding Federal tax penalties, and was not written to support the
`promotion or marketing of any transaction or matter discussed herein.
`
`4
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