From:
`Sent:
`To:
`Cc:
`
`Subject:
`
`Sukenick, Scott <ssukenick@cooley.com>
`Friday, July 12, 2013 4:52 PM
`Hertko, Matthew J.
`Vu.Bui@usitc.gov; #Neptune-aker-itc; NeptuneActionEnzymotec@kenyon.com;
`z/Neptune-ITC; HBITC@hbiplaw.com
`RE: 337-TA-877
`
`Matt,
`
`
`
`
`
`
`No third party has requested Neptune’s consent, and Neptune has not withheld consent from any
`third party. Neptune will be able to address the issue if these third parties elect to request consent.
`
`
`
`
`
`
`Best,
`
`Scott
`
`
`
`
`
`
`From: Hertko, Matthew J. [mailto:mhertko@kirkland.com]
`Sent: Thursday, July 11, 2013 3:39 PM
`To: Sukenick, Scott
`Cc: Vu.Bui@usitc.gov; #Neptune-aker-itc; NeptuneActionEnzymotec@kenyon.com; z/Neptune-ITC;
`HBITC@hbiplaw.com
`Subject: RE: 337-TA-877
`
`
`
`
`
`
`Scott:
`
`
`
`
`
`
`Thanks for your e-mail. As I noted in my e-mail, both KGK and CRIQ informed us that they cannot
`discuss any issues relating to Neptune without the consent of your client, due to non-disclosure
`obligations. We do not represent those parties, and we do not know whether they have requested
`Neptune’s consent. That said, will your client provide its consent? If not, please let us know why the
`consent will not be provided. Furthermore, please provide the basis for your opposition to any
`motions seeking a recommendation for judicial assistance. We would appreciate a response on both
`of these issues by the end of the day tomorrow.
`
`1
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`
`
`
`Best regards,
`
`
`

`
`Matt
`
`
`
`
`
`
`
`
`
`
`Matthew J. Hertko
`
`KIRKLAND & ELLIS LLP
`
`300 N. LaSalle St.
`
`Chicago, IL 60654
`
`Office: (312) 862-7028
`
`Cell: (847) 204-9402
`
`matthew.hertko@kirkland.com
`
`
`
`
`
`
`From: Sukenick, Scott [mailto:ssukenick@cooley.com]
`Sent: Thursday, July 11, 2013 9:48 AM
`To: Hertko, Matthew J.
`Cc: Vu.Bui@usitc.gov; #Neptune-aker-itc; NeptuneActionEnzymotec@kenyon.com; z/Neptune-ITC;
`HBITC@hbiplaw.com
`Subject: RE: 337-TA-877
`
`
`
`
`
`
`Matt,
`
`We do not represent any of the three Canadian entities you have listed.
`
`
`
`
`
`
`We oppose any motions by you seeking a recommendation for judicial assistance. Are you
`representing by your email below that one or more of these third-party entities has stated that it
`requested Neptune’s consent to produce documents and that request was denied? Please advise,
`and, to the extent that you are making such a representation, please identify the specific third-party
`entity you claim made the request for Neptune’s consent.
`
`Regards,
`
`Scott
`
`
`
`
`
`
`From: Hertko, Matthew J. [mailto:mhertko@kirkland.com]
`Sent: Tuesday, July 09, 2013 10:57 PM
`
`2
`
`

`
`To: Sukenick, Scott
`Cc: Vu.Bui@usitc.gov; #Neptune-aker-itc; NeptuneActionEnzymotec@kenyon.com; z/Neptune-ITC;
`HBITC@hbiplaw.com
`Subject: 337-TA-877
`
`
`
`
`
`
`Scott:
`
`
`
`
`
`
`As I indicated during our meet-and-confer last Tuesday, July 2, Respondents intend to seek discovery
`from three Canadian entities: KGK Synergize (“KGK”), Centre de Recherce Industrielle du Quebec
`(“CRIQ”), and L’Universite de Sherbrooke (“Sherbrooke”). Specifically, we are seeking, among other
`things, discovery regarding each of these entities’ roles in testing or analysis related to the Asserted
`Patents and the Beaudoin Patents; any testing or analysis of any krill, krill extract, or krill oil provided
`by or performed for or on behalf of Neptune; and any prior art krill oil or krill extract samples these
`entities may have in their possession, custody, or control. I inquired during our call as to whether
`your firm represents any of these three entities, but you said that you did not know and have not
`gotten back to us.
`
`
`
`
`
`
`We have reached out to KGK and CRIQ, and to Sherbrooke’s outside counsel, in an attempt to obtain
`the discovery in a cooperative manner and without the need for seeking judicial assistance from
`courts in both the United States and Canada. Both KGK and CRIQ informed us that they cannot
`discuss any issues relating to Neptune without the consent of your client, due to non-disclosure
`obligations. We have not heard back from Sherbrooke’s outside counsel.
`
`
`
`
`
`
`If your client will not provide consent to these parties to discuss their relationship with Neptune, then
`we have no choice but to file a motion seeking a recommendation to the District Court for the District
`of Columbia to issue letters rogatory for international judicial assistance with respect to each of these
`entities. Of course, if you represent these entities and will accept service of subpoenas on their
`behalf, then that will obviate the need to seek judicial assistance. Accordingly, we request that, by
`noon Eastern on Friday, July 12, you inform us (i) whether you represent any of KGK, CRIQ, and
`Sherbrooke; (ii) if so, whether you will accept service of a subpoena on their behalf; (iii) if not, whether
`your client will provide consent to these three parties to discuss their relationship with Neptune; and
`(iv) if not, your position on our motions seeking a recommendation for judicial assistance.
`
`
`
`
`
`
`
`
`
`
`Best regards,
`
`Matt
`
`
`
`3
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`
`
`

`
`
`
`Matthew J. Hertko
`
`KIRKLAND & ELLIS LLP
`
`300 N. LaSalle St.
`
`Chicago, IL 60654
`
`Office: (312) 862-7028
`
`Cell: (847) 204-9402
`
`matthew.hertko@kirkland.com
`
`
`
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`5