`Sent:
`To:
`Cc:
`
`Subject:
`
`Cunningham, Laura
`Monday, May 26, 2014 11:15 PM
`Schmidt, Leslie M.
`Hollis, Amanda; Graves, Jon; Altieri, Stephen; Wang, Jing; z/IPR2014-00003; J. Mitchell
`Jones; Holland, Elizabeth; Hardman, Cynthia Lambert; Martinez, Alana
`RE: IR2014-00003
`
`Leslie,
`
`This is my third request. Please provide AKBM's availability for a call with the Board tomorrow or Wednesday to discuss
`a motion for supplemental discovery regarding these documents.
`
`The relevance of this discovery, and the reasons why its production serves the interests of justice, are obvious. In short,
`as we argued extensively in the ITC, Aker is relying on these experiments as proof of invalidity and we are entitled to see
`the documentation Mr. Haugsgjerd created and provided to Aker, not just the few bullet points included in his
`declaration.
`
`We will review the ITC privilege log to attempt to identify the entries you reference, but your email fails to explain why
`the Nofima reports Mr. Haugsgjerd created and sent to Mr. Jones are privileged. And regardless, Mr. Haugsgjerd also
`testified that he provided the Nofima reports to Nils Hoem at Aker. As to your assertion that Neptune must seek
`discovery of the lab notebooks from Mr. Haugsgjerd personally, it is Aker's position that it does not have control over
`files created by Aker's own expert regarding experiments Aker commissioned for purposes of these proceedings?
`
`Regarding why Neptune was surprised to learn of the existence of these documents, I have already identified the
`opposed motion to compel filed in the ITC case. I believe your team should be familiar with the representations made
`by Aker in the ITC, but if you are looking for more context I'd be happy to discuss it with you.
`
`Regards,
`Laura
`________________________________________
`From: Schmidt, Leslie M. [leslie.schmidt@kirkland.com]
`Sent: Monday, May 26, 2014 7:17 PM
`To: Cunningham, Laura
`Cc: Hollis, Amanda; Graves, Jon; Altieri, Stephen; Wang, Jing; z/IPR2014‐00003; J. Mitchell Jones; Holland, Elizabeth;
`Hardman, Cynthia Lambert
`Subject: RE: IR2014‐00003
`
`Dear Laura:
`
`Your email "request[s] that Aker immediately produce" all lab notebooks and Nofima reports (including drafts) created
`by Mr. Haugsgjerd in connection with his Beaudoin experiments.
`
`Regarding the requested lab notebooks, we understand that any such notebooks are Mr. Haugsgjerd's and to the extent
`you seek discovery of them we understand you must seek it from him. Mr. Haugsjgerd testified at this deposition that
`he did not give his lab notebooks to anyone at AKBM. (Haugsgjerd Rough Dep. Tr. at 136:11‐12). You also have
`identified no basis for seeking discovery of such notebooks. You have not identified any reason why discovery of such
`notebooks serves the interests of justice nor identified any evidence that in fact something useful in them will be
`uncovered. Nevertheless, if you believe you have a basis for asserting such notebooks are discoverable we are happy to
`discuss that with you and the Board.
`
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`Regarding the Nofima reports, as noted in our privilege log in the ITC case, such reports are privileged confidential
`communications between Mr. Haugsgjerd (AKBM's retained expert) and AKBM's legal team, and AKBM is not willing to
`waive privilege. Even if they were not privileged, you also have not identified any reason why the reports meet the
`"interests of justice" standard for discovery. To the extent you disagree that the reports are privileged, however, or
`believe you have a basis for asserting such reports are discoverable we again are willing to discuss these issues with you
`and the Board.
`
`You state that you were "surprised" to learn about lab notebooks and reports in light of alleged representations by
`AKBM. You do not identify any representations to which you refer nor any explanation for your alleged "surprise." If it
`becomes relevant we are happy to address any specific concerns you may have about any representations you believe
`AKBM made about the reports and notebook mentioned above.
`
`Best regards,
`Leslie
`
`‐‐‐‐‐Original Message‐‐‐‐‐
`From: Cunningham, Laura [mailto:lcunningham@cooley.com]
`Sent: Monday, May 26, 2014 7:13 PM
`To: Schmidt, Leslie M.
`Cc: Hollis, Amanda; Graves, Jon; Altieri, Stephen; Wang, Jing; z/IPR2014‐00003; J. Mitchell Jones; Holland, Elizabeth;
`Hardman, Cynthia Lambert
`Subject: Re: IR2014‐00003
`
`Leslie,
`
`It is now well into Monday evening and we have heard no response from you on this time‐sensitive issue. Please
`immediately provide AKBM's availability for a Board call tomorrow or Wednesday as I requested in my email last
`Thursday. We will be emailing the Board first thing in the morning to schedule a call on this issue.
`
`Regards,
`Laura
`
`On May 23, 2014, at 4:52 PM, "Schmidt, Leslie M." <leslie.schmidt@kirkland.com<mailto:leslie.schmidt@kirkland.com>>
`wrote:
`
`Dear Laura,
`
`We are considering your email and will respond by Monday.
`
`Best regards,
`Leslie
`
`From: Cunningham, Laura [mailto:lcunningham@cooley.com]
`Sent: Thursday, May 22, 2014 6:05 PM
`To: Hollis, Amanda
`Cc: Graves, Jon; Altieri, Stephen; Wang, Jing; z/IPR2014‐00003; J. Mitchell Jones; Holland, Elizabeth; Hardman, Cynthia
`Lambert; Schmidt, Leslie M.
`Subject: IR2014‐00003
`
`Amanda,
`
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`
`Yesterday during Mr. Haugsgjerd's deposition, we learned for the first time that Mr. Haugsgjerd created documents in
`connection with his Beaudoin experiments, including lab notebooks and Nofima reports. As you know, Neptune sought
`and moved to compel such documents from both Aker and Mr. Jones in the ITC case. Based on Aker's representations
`to us and in its opposition to our motion to compel, we were surprised to learn that Mr. Haugsgjerd in fact created lab
`notebooks and reports regarding his experiments and sent at least some of these documents to Aker and Mr. Jones.
`
`We request that Aker immediately produce all Nofima reports (including drafts) and lab notebooks created by Mr.
`Haugsgjerd in connection his Beaudoin experiments.
`
`Please let us know by close of business tomorrow whether Aker will produce these documents, and if not, provide
`tomorrow your availability for a call with the Board next Tuesday or Wednesday (May 27/28) to discuss Neptune's filing
`of a motion for additional discovery, which would seek production of these documents.
`
`Regards,
`Laura
`
`Laura J. Cunningham
`Cooley LLP * One Freedom Square * Reston Town Center
`11951 Freedom Drive * Reston, VA 20190‐5656
`Direct: (703) 456‐8091* Fax: (703) 456‐8100
`Email: lcunningham@cooley.com<mailto:lcunningham@cooley.com> * www.cooley.com<http://www.cooley.com>
`
`
`
`
`
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`________________________________
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`This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged
`information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient,
`please contact the sender by reply email and destroy all copies of the original message. If you are the intended recipient,
`please be advised that the content of this message is subject to access, review and disclosure by the sender's Email
`System Administrator.
`
`IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S.
`federal tax advice contained in this communication (including any attachment) is not intended or written by us to be
`used, and cannot be used, (i) by any taxpayer for the purpose of avoiding tax penalties under the Internal Revenue Code
`or (ii) for promoting, marketing or recommending to another party any transaction or matter addressed herein.
`
`***********************************************************
`IRS Circular 230 Disclosure:
`To ensure compliance with requirements imposed by the U.S. Internal Revenue Service, we inform you that any tax
`advice contained in this communication (including any attachments) was not intended or written to be used, and cannot
`be used, by any taxpayer for the purpose of (1) avoiding tax‐related penalties under the U.S. Internal Revenue Code or
`(2) promoting, marketing or recommending to another party any tax‐related matters addressed herein.
`
`The information contained in this communication is confidential, may be attorney‐client privileged, may constitute
`inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland
`& Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly
`prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by
`return e‐mail or by e‐mail to postmaster@kirkland.com, and destroy this communication and all copies thereof,
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`***********************************************************
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`Neptune Ex. 2025