Thomas J. Filarski
`312 577 1252
`tfilarski@steptoe.com
`
`115 S. LaSalle Street
`Suite 3100
`Chicago, IL 60603
`312 577 1300 main
`www.steptoe.com
`
`
`July 15, 2015
`
`VIA ELECTRONIC MAIL
`COUNSEL OF RECORD
`
`Re: Raytheon v. Samsung, et al., Lead Case No. 2:15-cv-00341-JRG-RSP
`
`Dear Counsel:
`
`
`We are writing to you in light of our upcoming productions under P.R. 3-1 and 3-2. As
`you may know, Raytheon Company is a defense contractor, and many of its products are subject
`to protections under the International Traffic in Arms Regulations (ITAR) and the Export
`Administration Regulations (EAR). See 22 C.F.R. 120-130 (2015); 15 C.F.R. 15.700-799
`(2015).
`
`
`As a result, certain documents related to this case containing technical data under the
`ITAR or EAR (the ITAR- or EAR-Restricted Documents) must be protected from export or
`transfer to unauthorized foreign persons, whether located inside or outside of the United States,
`including any foreign persons (as defined under these export control regimes) that may be
`employed by law firms, consultants, or any other third party involved in this dispute.
`Additionally, the furnishing of technical assistance (including the disclosure or release of ITAR-
`controlled technical data) may constitute a “defense service,” which also requires approval. As
`you may be aware, any disclosure of Raytheon-produced export-controlled technical data or
`furnishing of technical assistance where an authorization is needed but not secured constitutes
`and export violation, which should be disclosed to the Department of State.
`
`Some of the documents to be produced this week, as part of Raytheon’s document
`productions under P.R. 3-2, are considered export-controlled under the ITAR or EAR, which
`means they cannot be exported, reexported, or retransferred to foreign persons, as defined by
`ITAR §120.16, or to any country outside the United States, without a specific or general
`authorization from the U.S. Department of State and/or the U.S. Department of Commerce
`(whichever export control regime may be applicable). These export-controlled documents do not
`relate to Raytheon’s P.R. 3-1(a)-(e) disclosures and/or related P.R. 3-2 document production.
`These documents also are Confidential and Attorneys Eyes Only.
`
`

`
`Page 2
`
`
`
`As such, and to ensure absolute compliance with U.S. export regulations, Raytheon
`requests that counsel take all necessary steps to ensure that any ITAR- or EAR-Restricted
`Documents produced by Raytheon will only be provided to or accessible by U.S. persons
`employed by Counsel that have entered an appearance in this case. Counsel also must ensure
`that only U.S. persons serving as expert or fact witnesses, or acting on behalf of Counsel as
`contractors, vendors, or other service providers, have access to export controlled documents. We
`will designate the documents accordingly.
`
`Please confirm that Counsel will take all necessary steps to ensure access to these
`documents will be restricted to U.S. persons (as defined by ITAR §120.15), that these documents
`will not exported to foreign persons or foreign countries, and that no technical assistance directly
`related to controlled defense articles or other commodities will be provided to foreign persons or
`foreign countries.
`
`
`We will work with you over the next few weeks to incorporate provisions in the
`Protective Order to cover proper marking and handling of U.S. export-controlled documents.
`We hope that these provisions will expedite discovery while minimizing the risk that any party
`inadvertently violates the ITAR or the EAR. To the extent you believe or contemplate that
`foreign persons will need to have access to export-controlled documentation or related technical
`assistance, you must so inform Raytheon before any such access is provided and you must
`cooperate with Raytheon to secure the necessary authorizations. Please be advised that such
`authorizations can take multiple months to secure through specific applications/requests placed
`with the relevant U.S. Government agency. Failure to do so can result in civil and criminal
`penalties.
`
`We ask that you please reply before we transmit Raytheon’s initial disclosures on
`July 16, 2015.
`
`Thank you for your cooperation.
`
`Sincerely,
`
`
`
`Thomas J. Filarski
`
`
`
`TJF:bdn
`Enclosure: Service List