`
`From:
`Sent:
`To:
`Cc:
`Subject:
`
`Hi Diek,
`
`Staubach, Lindsey
`Tuesday, February 23, 2021 2:23 PM
`Van Nort, Diek O.; Belusko, Vincent J.; Samsung-JOLED; 'Barry Shelton'
`Mofo-JOLED; 'Milvenan, Rick'
`RE: JOLED v. Samsung - Status of Claim Construction Terms
`
`We confirm that Defendants agree to JOLED's proposal as discussed below ‐‐ specifically, that JOLED will no longer assert
`claim 16 of the ’336 patent in this case, and Defendants will drop their indefiniteness argument as to that claim in this
`case, but are not precluded from raising that indefiniteness argument in a separate proceeding.
`
`Given the above agreement, we believe that the claim term found in claim 16 of the ’336 patent can be dropped from
`the parties' lists of terms proposed for claim construction. We understand that, with this term removed, the parties are
`in agreement that the remaining terms are within the Court's presumed limit on the number of terms that may be
`proposed for construction.
`
`Regards,
`
`Lindsey
`
`From: Van Nort, Diek O. <DVanNort@mofo.com>
`Sent: Monday, February 22, 2021 4:07 PM
`To: Staubach, Lindsey <LStaubach@cov.com>; Belusko, Vincent J. <VBelusko@mofo.com>; Samsung‐JOLED <Samsung‐
`JOLED@cov.com>; 'Barry Shelton' <bshelton@sheltoncoburn.com>
`Cc: Mofo‐JOLED <MoFo‐Joled@mofo.com>; 'Milvenan, Rick' <rmilvenan@mcginnislaw.com>
`Subject: RE: JOLED v. Samsung ‐ Status of Claim Construction Terms
`
`[EXTERNAL]
`Hi Lindsey,
`
`Thank you for the clarification. Please let us know whether Defendants agree by end of day tomorrow (Tuesday). We
`note that with this term and the other term groups, Defendants are proposing 11 terms for construction.
`
`Best regards,
`Diek
`
`From: Staubach, Lindsey <LStaubach@cov.com>
`Sent: Monday, February 22, 2021 12:17 PM
`To: Van Nort, Diek O. <DVanNort@mofo.com>; Belusko, Vincent J. <VBelusko@mofo.com>; Samsung‐JOLED <Samsung‐
`JOLED@cov.com>; 'Barry Shelton' <bshelton@sheltoncoburn.com>
`Cc: Mofo‐JOLED <MoFo‐Joled@mofo.com>; 'Milvenan, Rick' <rmilvenan@mcginnislaw.com>
`Subject: RE: JOLED v. Samsung ‐ Status of Claim Construction Terms
`
`External Email
`
`1
`
`SAMSUNG EX. 1023 - 1/3
`
`
`
`
`
`Diek,
`
`Thanks for your email. To clarify, we are still conferring with our clients regarding JOLED's proposal on claim 16 of the
`'336 patent. We will let you know whether or not Defendants agree as soon as possible, but it is unlikely we will have an
`answer before the deadline for the exchange today. Thus, we plan to include the term specific to this claim in our
`revised constructions.
`
`Regards,
`
`Lindsey
`
`From: Van Nort, Diek O. <DVanNort@mofo.com>
`Sent: Monday, February 22, 2021 2:38 PM
`To: Staubach, Lindsey <LStaubach@cov.com>; Belusko, Vincent J. <VBelusko@mofo.com>; Samsung‐JOLED <Samsung‐
`JOLED@cov.com>; 'Barry Shelton' <bshelton@sheltoncoburn.com>
`Cc: Mofo‐JOLED <MoFo‐Joled@mofo.com>; 'Milvenan, Rick' <rmilvenan@mcginnislaw.com>
`Subject: RE: JOLED v. Samsung ‐ Status of Claim Construction Terms
`
`[EXTERNAL]
`Hi Lindsey,
`
`We confirm your understanding that with JOLED dropping claim 16 of the ‘336 patent in this case and Defendants
`dropping its indefiniteness position it in this case, Defendants would not be precluded from raising the indefiniteness
`argument in a separate proceeding. From your email below, we understand the parties to be in agreement that JOLED is
`dropping this claim in this case and Defendants are not pursuing indefiniteness in this case. Based on that agreement,
`JOLED will not include this claim in the revised constructions due today. Please let us know immediately if our
`understanding is incorrect.
`
`Separately, regarding the number of claim terms proposed for construction, JOLED does not intend to challenge the ten
`remaining term groupings as exceeding the Court’s limit on the number of terms that may be proposed for
`construction. JOLED reserves the right, however, to argue in its briefing that Defendants inclusion of multiple long
`clauses for construction is inappropriate and not helpful to the claim construction process.
`
`We confirm your understanding about the exchange of the revised constructions today at 7 pm ET.
`
`Best regards,
`Diek
`
`
`
`
`From: Staubach, Lindsey <LStaubach@cov.com>
`Sent: Monday, February 22, 2021 10:02 AM
`To: Belusko, Vincent J. <VBelusko@mofo.com>; Samsung‐JOLED <Samsung‐JOLED@cov.com>; 'Barry Shelton'
`<bshelton@sheltoncoburn.com>
`Cc: Mofo‐JOLED <MoFo‐Joled@mofo.com>; 'Milvenan, Rick' <rmilvenan@mcginnislaw.com>
`Subject: JOLED v. Samsung ‐ Status of Claim Construction Terms
`
`
`External Email
`
`2
`
`SAMSUNG EX. 1023 - 2/3
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`
`
`
`
`Counsel,
`
`We write concerning the parties' exchange of revised constructions today. Based on JOLED's representation during the
`parties' meet‐and‐confer on Friday (2/19/21) that it will drop claim 14 of the '336 patent from the set of asserted claims,
`we do not plan to include the term associated with this claim in our list of revised constructions.
`
`You further indicated during the meet‐and‐confer that JOLED agrees to drop claim 16 of the '336 patent as long as
`Defendants withdraw their indefiniteness argument for the claim term "asymmetrically generate the plurality of band‐
`shaped . . . regions on the display screen" in this case. We understand that the agreement as to claim 16 would not
`preclude Defendants from raising the indefiniteness argument in a separate proceeding. Please let us know if our
`understanding is incorrect. Otherwise, we will let you know our position as soon as possible, although we may not be
`able to do so before our exchange today. We therefore plan to include this term in our revised constructions today
`pending a final agreement.
`
`We understand that the parties will be exchanging their revised constructions at 7 pm ET today.
`
`Regards,
`
`Lindsey
`
`
`Lindsey Staubach
`
`Covington & Burling LLP
`One CityCenter, 850 Tenth Street, NW
`Washington, DC 20001-4956
`T +1 202 662 5393 | lstaubach@cov.com
`www.cov.com
`
`
`
`
`
`
`
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`3
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`SAMSUNG EX. 1023 - 3/3
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`