Bird, Joe
`
`From:
`Sent:
`To:
`Cc:
`
`Subject:
`
`Andrew Maslow [andy@andymaslow.com]
`Wednesday, May 21, 2014 7:45 AM
`Bird, Joseph S.
`Sykes, Paul M.; Hill, J. Rudy; JGGIGGER@stoel.com; MTRASICH@stoel.com;
`pclotfelter@bakerdonelson.com; John Krisik; pclotfelter@bakerdonelson.com
`Re: Cablz v Croakies
`
`Joe,
`
`This will confirm that we are preparing for the deposition of John Krisik to take place on June 5. He
`will also testify on behalf of Croakies. We are trying to work with you so that there will not be a need
`for a second deposition of John Krisik in the Croakies action.
`
`In order to avoid the need for an identical deposition in the Cablz v. Croakies action, Croakies will use
`its best efforts to provide you its Answer and Counterclaims as well as its proposed response to a
`Cablz First Set of Interrogatories and Request for Production of Documents and Things sent to
`Chums, but with respect to Croakies instead of Chums, and the Accused products sold by Croakies
`instead of those sold by Chums. Croakies will try to get the information to you by May 31, but the
`documents themselves may take more time.
`
`We should be able to make the documents that will be produced pursuant to the Croakies subpoena
`available to you in Jackson by 3 PM on June 4 so you can review them prior to the deposition. At that
`time we will also try to produce any other documents that might be covered by Cablz first set of
`interrogatories and request for production of documents and things to Chums, with respect to
`Croakies instead of Chums.
`
`We hope that this should enable you to take the deposition of John Krisik and Croakies on the issues
`of invalidity, which is common in both actions, and any issues of infringement in the Cablz v.
`Croakies action.
`
`Sincerely,
`
`
`
`Andy
`
`
`
`
`---------------------------------------------------
`Law Office of Andrew D. Maslow
`Intellectual Property Law and Licensing
`P.O. Box 2354
`Montauk, NY 11954
`
`P.O. Box 802
`Teton Village, WY 83025
`________________
`307 699-7287
`email: andy@andymaslow.com
`
`
`From: Andrew Maslow <andy@andymaslow.com>
`To: "Bird, Joseph S." <jbird@babc.com>
`Cc: "Sykes, Paul M." <psykes@babc.com>; "Hill, J. Rudy" <rhill@babc.com>; "JGGIGGER@stoel.com"
`
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`<JGGIGGER@stoel.com>; "MTRASICH@stoel.com" <MTRASICH@stoel.com>; "pclotfelter@bakerdonelson.com"
`<pclotfelter@bakerdonelson.com>
`Sent: Tuesday, May 20, 2014 5:34 PM
`Subject: Re: Cablz v Croakies
`
`Joe,
`
`Pat Clotfelter will be local counsel for Croakies.
`
` I
`
` cant sign the agreement since we have objections to several of the requests for documents as well
`as interrogatories.
`
`Please give me a call to see if we can work something out.
`
`Andy
`
`
`
`
`---------------------------------------------------
`Law Office of Andrew D. Maslow
`Intellectual Property Law and Licensing
`P.O. Box 2354
`Montauk, NY 11954
`
`P.O. Box 802
`Teton Village, WY 83025
`________________
`307 699-7287
`email: andy@andymaslow.com
`
`
`From: "Bird, Joseph S." <jbird@babc.com>
`To: "'andy@andymaslow.com'" <andy@andymaslow.com>
`Cc: "Sykes, Paul M." <psykes@babc.com>; "Hill, J. Rudy" <rhill@babc.com>; "JGGIGGER@stoel.com"
`<JGGIGGER@stoel.com>; "MTRASICH@stoel.com" <MTRASICH@stoel.com>
`Sent: Tuesday, May 20, 2014 3:29 PM
`Subject: RE: Cablz v Croakies
`
`Andy,
`
`
`Thanks for your email.
`
`
`Attached is a proposed agreement whose terms we discussed on Friday. This is ready for your signature.
`
`
`We intend to go forward on June 5th either with an agreement or without. I have taken into account your need for a bit
`more time for providing Croakies’ responses, so we have changed the proposed agreement to accommodate your request
`by allowing you until Saturday, May 31, five days before the deposition.
`
`
`Your most recent email suggested infringement be included in the June 5 deposition and we will consider that request, and
`what would need to be added to the proposed agreement, if we can accept that.
`
`
`Please be in touch.
`
`
`Thanks,
`
`
`
`205-521-8473 direct
`
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`205-218-5033 cell
`
`
`
`
`From: Andrew Maslow [mailto:andy@andymaslow.com]
`Sent: Monday, May 19, 2014 6:42 PM
`To: Bird, Joseph S.
`Cc: Sykes, Paul M.; Hill, J. Rudy; JGGIGGER@stoel.com; MTRASICH@stoel.com
`Subject: Re: Cablz v Croakies
`
`
`Joe,
`
`
`While we would like to have the deposition of John Krisik on June 5, It would not be possible to get everything
`to you 7 days before the deposition. 3- 5 days would be the best we could do.
`
`If at all possible I would like to set a firm date for the Krisik deposition. We have no problem with you asking
`infringement questions, and if there is need to recall John later on infringement issues not covered, that would
`be OK.
`
`
`Please give me a call to see if we can find a date that works for everyone in case June 5 won't work.
`
`
`Andy
`
`
`PS. Can you identify Accused Products for Croakies? Is it just the ARC system retainers?
`
`---------------------------------------------------
`Law Office of Andrew D. Maslow
`Intellectual Property Law and Licensing
`P.O. Box 2354
`Montauk, NY 11954
`
`P.O. Box 802
`Teton Village, WY 83025
`________________
`307 699-7287
`email: andy@andymaslow.com
`
`
`
`From: "Bird, Joseph S." <jbird@babc.com>
`To: "'andy@andymaslow.com'" <andy@andymaslow.com>
`Cc: "Sykes, Paul M." <psykes@babc.com>; "Hill, J. Rudy" <rhill@babc.com>
`Sent: Monday, May 19, 2014 10:21 AM
`Subject: Cablz v Croakies
`
`
`Dear Andy,
`
`
`This follows our productive call on Friday. Thanks for your time.
`
`In Cablz vs. Chums, we noticed the depositions of Croakies and John Krisik for June 5, and you and your client
`are available on this date, on condition we work out the following. You have proposed the Croakies/Krisik
`depositions also be taken on June 5 in Cablz v. Croakies on Croakies/Krisik’s invalidity contentions. I have
`spoken with our client. Although there are details to be worked out regarding scope and mechanics, our client
`has asked me to pursue this with you, and reduce it to writing in a signed agreement.
`
`
`As promised, attached is the initial set of discovery we served on Chums. An essential part of an agreement
`would be for Croakies to tell what it knows about all grounds for invalidity in advance of the deposition, to
`allow us to prepare. This would include Croakies’ full response to some of the attached discovery requests. We
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`would also need Croakies responsive pleading(s) to the Complaint. We would need all this at least 7 days prior
`to the depositions.
`
`I hope to send you a proposed agreement later today.
`
`
`Best regards,
`
`
`
`Joe Bird
`
`
`Bradley Arant
`Direct: 205-521-8473
`Cell: 205-218-5033
`
`
`
`
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`
`
`
`
`
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`
`
`
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`
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`
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`
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