Park, Woo Sin Sean
`
`From:
`Sent:
`To:
`Cc:
`Subject:
`
`Ryan Beard <rbeard@intprop.com>
`Tuesday, December 13, 2016 1:32 PM
`Park, Woo Sin Sean; Alquist, Elizabeth A.; Christina Comer
`'smcnamara@ssjr.com'; Dwayne Goetzel; Eric Meyertons
`RE: Lego v. Rubicon, et al.; Civil Action No. 3:15-cv-00823-VLB
`
`Sean,
`
`Pursuant to the Court’s Protective Order, all of the information that you used from the deposition is designated by the
`Court as confidential or attorneys’ eyes only. We will designate the information when we receive an edited and
`complete transcript pursuant to the Court’s Protective Order and the timeline set therein.
`
`With respect to your last paragraph, we have reviewed every document you have identified as allegedly mismarked and
`addressed each document pursuant to the Court’s Protective Order. As I have stated to you numerous times, if you
`have any issues with any other documents, please raise such issues pursuant to the terms of the Court’s Protective
`Order and we will follow the Court’s procedures to address your issues. We are not going to attempt to guess which
`documents you have an issue with. That’s not the Court’s procedure to address these issues.
`
`Ryan Beard
`Shareholder
`Meyertons, Hood, Kivlin, Kowert & Goetzel, P.C.
`1120 S. Capital of Texas Hwy., Building 2, Suite 300, Austin, Texas 78746
`Direct Dial: (512) 853-8833
`Facsimile: (512) 853-8801
`Email: rbeard@intprop.com
`
`NOTICE: The information contained in this electronic mail message and any attachments hereto
`is intended only for the personal and confidential use of the designated recipients. This
`message and any attachments hereto may constitute an attorney-client communication, and as
`such are privileged and confidential. If you are not the intended recipient or an agent
`responsible for delivering it to the intended recipient, you are hereby notified that you
`have received this message in error, and that any review, dissemination, distribution or
`copying of this message and any attachments hereto is strictly prohibited. If you have
`received this message in error, please notify me immediately by telephone (512.853.8833) and
`electronic mail at rbeard@intprop.com. Thank you.
`
`
`From: Park, Woo Sin Sean [mailto:wpark@daypitney.com]
`Sent: Tuesday, December 13, 2016 10:43 AM
`To: Ryan Beard <rbeard@intprop.com>; Alquist, Elizabeth A. <eaalquist@daypitney.com>; Christina Comer
`<ccomer@intprop.com>
`Cc: 'smcnamara@ssjr.com' <smcnamara@ssjr.com>; Dwayne Goetzel <dgoetzel@intprop.com>; Eric Meyertons
`<emeyertons@intprop.com>
`Subject: RE: Lego v. Rubicon, et al.; Civil Action No. 3:15-cv-00823-VLB
`
`Dear Ryan:
`
`
`Although we disagree that anything in Exhibit 2016 can be considered confidential under the Court’s Standing Protective
`Order, out of an abundance of caution, we will work with you and file a motion to seal Exhibit 2016. We are drafting the
`motion now. Please inform us what portion is considered confidential or confidential-attorneys’ eyes only and what
`
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`basis you intend to rely on, so we can provide to the Board “[a] full statement of the reasons for the relief requested.”
`37 C.F.R. § 42.22.
`
`In the last paragraph of your e-mail, you fail to include that almost all of “several thousand pages of documents” your
`client produced were designated as confidential-attorneys’ eyes only. You also fail to include that we have repeatedly
`written to you to protest such unreasonable abuse of the protective designations. After you refused to change any of
`the improper designations, we identified a “handful” examples during the deposition (again, all of which you removed
`shortly thereafter). Let us state clearly: the instances of your abuse of the designations are legion and not limited to the
`examples.
`
`
`
`Sean
`
`
`
`
`From: Ryan Beard [mailto:rbeard@intprop.com]
`Sent: Monday, December 12, 2016 6:28 PM
`To: Alquist, Elizabeth A.; Christina Comer; Park, Woo Sin Sean
`Cc: 'smcnamara@ssjr.com'; Dwayne Goetzel; Eric Meyertons
`Subject: RE: Lego v. Rubicon, et al.; Civil Action No. 3:15-cv-00823-VLB
`
`
`Beth,
`
`I’m not sure why you believe that your actions are not a clear violation of the Court’s Protective Order. As I
`stated in the letter, we conferenced with our local counsel on the issue and he agrees. The information that you
`used in a public document is deemed by the Protective Order to be confidential or confidential-attorneys’ eyes
`only until we receive a transcript for the deposition and have been granted 10 business days to designate the
`information. I don’t understand how your reading could be any different than that.
`
`
`With respect to the remainder of your e-mail, we are going to follow the procedures set forth in the Court’s
`Protective Order. Given this, we will give you until tomorrow at the close of business to file the necessary
`papers with the Board to seal the information you publically disclosed in violation of the Protective Order or you
`can withdraw the documents. If you do not do one of these two things, then we will file our own motion to
`strike with the Board and seek sanctions from the Court.
`
`
`With respect to you allegation that we have “abused” designations in this case, we disagree. Our client has
`produced several thousand pages of documents in this case. Out of all those documents, you have identified a
`handful of documents that you believe were not designated properly. Even though you did not follow the
`Court’s rules with respect to this issue (as set forth in Section 12 of the Court’s Protective Order), we have
`reviewed those documents on our own and changed the designations as appropriate. Your allegations are
`simply false.
`
`
`Ryan Beard
`Shareholder
`Meyertons, Hood, Kivlin, Kowert & Goetzel, P.C.
`1120 S. Capital of Texas Hwy., Building 2, Suite 300, Austin, Texas 78746
`Direct Dial: (512) 853-8833
`Facsimile: (512) 853-8801
`Email: rbeard@intprop.com
`
`NOTICE: The information contained in this electronic mail message and any attachments
`hereto is intended only for the personal and confidential use of the designated
`recipients. This message and any attachments hereto may constitute an attorney-client
`
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`communication, and as such are privileged and confidential. If you are not the intended
`recipient or an agent responsible for delivering it to the intended recipient, you are
`hereby notified that you have received this message in error, and that any review,
`dissemination, distribution or copying of this message and any attachments hereto is
`strictly prohibited. If you have received this message in error, please notify me
`immediately by telephone (512.853.8833) and electronic mail at rbeard@intprop.com. Thank
`you.
`
`
`
`From: Alquist, Elizabeth A. [mailto:eaalquist@daypitney.com]
`Sent: Monday, December 12, 2016 8:03 AM
`To: Christina Comer <ccomer@intprop.com>; Park, Woo Sin Sean <wpark@daypitney.com>
`Cc: 'smcnamara@ssjr.com' <smcnamara@ssjr.com>; Ryan Beard <rbeard@intprop.com>; Dwayne Goetzel
`<dgoetzel@intprop.com>; Eric Meyertons <emeyertons@intprop.com>
`Subject: RE: Lego v. Rubicon, et al.; Civil Action No. 3:15-cv-00823-VLB
`
`
`Dear Ryan,
`We write in response to your letter sent on December 9, 2016. First, we disagree with your reading of the
`Protective Order.
`
`
`Second, we find it questionable that the deposition excerpt submitted to the PTAB, or any part thereof, is
`confidential in any way. Please let us know what portion, by page and line number, if any, you consider to be
`confidential as “(a) trade secrets, (b) proprietary business information, or (c) information implicating an
`individual’s legitimate expectation of privacy,” and what reasonable and good faith basis, if any, Rubicon has for
`seeking such designation. Please indicate which designation Rubicon would give each portion. We remind you
`that Rubicon has continuously abused protective designations in this case, and, for example, you have removed
`confidential and confidential attorneys’ eyes only designations of every exemplary documents about which we
`inquired in Jim Thompson’s deposition, months after we asked that you remove such designation from obviously
`non-confidential documents.
`
`If you provide us with the above mentioned information, we will work with you to contact the board and seek
`permission to file a motion to seal those portions.
`
`
`Kind regards,
`Beth
`
`
`Elizabeth A. Alquist | Attorney at Law | Attorney Bio
`
`
`
`
`242 Trumbull Street | Hartford CT 06103-1212
`t (860) 275 0137 | f (860) 881 2456 | m (860) 543 4197
`eaalquist@daypitney.com | www.daypitney.com
`
`
`
`BOSTON | CONNECTICUT | FLORIDA | NEW JERSEY | NEW YORK | WASHINGTON, DC
`
`
`
`
`
`
`
`
`
`From: Christina Comer [mailto:ccomer@intprop.com]
`Sent: Friday, December 09, 2016 5:35 PM
`To: Alquist, Elizabeth A.; Park, Woo Sin Sean
`Cc: 'smcnamara@ssjr.com'; Ryan Beard; Dwayne Goetzel; Eric Meyertons
`Subject: Lego v. Rubicon, et al.; Civil Action No. 3:15-cv-00823-VLB
`
`
`Dear Ms. Alquist:
`
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`
`
`Please see the attached letter in connection with the above-referenced matter.
`
`
`
`Christina Comer
`Legal Assistant
`Meyertons, Hood, Kivlin, Kowert & Goetzel, P.C.
`1120 S. Capital of Texas Hwy.
`Building 2, Suite 300
`Austin, Texas 78746
`Direct Dial: (512) 853-8861
`Facsimile: (512) 853-8801
`
`
`NOTICE: The information contained in this electronic mail message and any attachments hereto is intended only for the personal
`and confidential use of the designated recipients. This message and any attachments hereto may constitute an attorney-client
`communication, and as such are privileged and confidential. If you are not the intended recipient or an agent responsible for
`delivering it to the intended recipient, you are hereby notified that you have received this message in error, and that any review,
`dissemination, distribution or copying of this message and any attachments hereto is strictly prohibited. If you have received this
`message in error, please notify me immediately by telephone (512.853.8861) and electronic mail at ccomer@intprop.com. Thank
`you.
`
`
`
`
`
`This message contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended solely for the use of the
`addressee(s) named above. Any disclosure, distribution, copying or use of the information by others is strictly
`prohibited. If you have received this message in error, please notify the sender by immediate reply and delete the
`original message. Thank you.
`
`**********************************************************************************************************
`
`
`
`This message contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended solely for the use of the
`addressee(s) named above. Any disclosure, distribution, copying or use of the information by others is strictly prohibited. If
`you have received this message in error, please notify the sender by immediate reply and delete the original message.
`Thank you.
`
`**********************************************************************************************************
`
`4