`
`Exhibit 8
`
`
`
`Case 2:12-cv-02824-JPM-tmp Document 53-9 Filed 08/09/13 Page 2 of 5 PageID 703
`
`From:
`Sent:
`To:
`Cc:
`
`Subject:
`
`raskinj@gtlaw.com
`Tuesday, July 23, 2013 11:28 AM
`Dan Weinberg
`Richard Pettus; Justin MacLean; BookbinderJ@gtlaw.com; Qudus Olaniran; Dana
`Zottola
`RE: BE v. Samsung
`
`Dan,
`
`Your email below fails to address all of the points in my July 18 email (including our proposal) and makes clear that our
`good faith attempts to resolve this issue amicably have been unsuccessful. As I said in my July 18 email, it is not possible
`for us to determine whether any products are representative of a category without first receiving supplemental
`infringement contentions that satisfy the local rules. Based on your statement that “BE believes that its initial
`infringement contentions meet the requirements of the Local Patent Rules and supplementation is not required”
`(making it clear that we still disagree on the fundamental issue), we cannot risk waiting to receive whatever
`supplements you decide to prepare before raising this issue with the Court. The prejudice on Samsung increases with
`each day that passes without receiving a detailed set of contentions placing Samsung on notice as to precisely what it is
`about its 177 products that allegedly infringe. Therefore, since it is clear that we will not be able to resolve this issue
`short of motion practice, we will be filing our motion to compel today.
`
`Please call us if you have any questions.
`
`Thanks,
`
`Josh
`
`From: Dan Weinberg [mailto:DWeinberg@ftklaw.com]
`Sent: Tuesday, July 23, 2013 1:26 PM
`To: Raskin, Joshua L. (Shld-NY-IP-Tech)
`Cc: Pettus, Richard C. (Shld-NY-IP-Tech); MacLean, Justin A. (Assoc-NY-IP-Tech); Bookbinder, Julie (Assoc-NY-IP-Tech);
`Qudus Olaniran; Dana Zottola
`Subject: RE: BE v. Samsung
`
`Josh,
`
`
`The camera products were not omitted, they were included in the Smart Phone/Media Players category. We’ve updated
`the category name to include cameras. We have identified 4 inadvertently omitted products, including one tablet, one
`smart phone, and two TVs. The attached chart has been updated with those prior omissions.
`
`
`Under our proposal for a representative products stipulation, one accused device from the list of accused of devices
`within each of the product categories would be the representative product for all accused products within that product
`category. To eliminate any confusion, we propose the following representative products from the product categories
`identified in parenthesis.
`
`
`Samsung Galaxy Note 10.1, Wi‐Fi (Tablets)
`Samsung LED 5300 Series Smart TV 32’ (Smart TVs)
`Samsung Smart Blu‐ray Player BD‐E5700 (Smart Blu‐Rays)
`Samsung Smart Home Theater HT‐E3500 (Smart Home Theater Systems)
`Samsung Acclaim (Smart Phones/Media Players/Cameras)
`
`1
`
`
`
`Case 2:12-cv-02824-JPM-tmp Document 53-9 Filed 08/09/13 Page 3 of 5 PageID 704
`
`Samsung ATIV Smart PC, XE500T1C (PC/Notebook/Ultrabook)
`
`
`You asked whether BE will supplement its infringement contentions. As expressed on the telephone call last week and
`in prior correspondence on the issue, BE believes that its initial infringement contentions meet the requirements of the
`Local Patent Rules and supplementation is not required. As we understand it, Samsung contends additional information
`in the form of annotations to the claim charts is necessary to understand the allegations of infringement. I explained
`that BE would be willing to provide such amendments provided the parties make a stipulation regarding representative
`products. Such a stipulation appears to be mutually beneficial. For that reason, we agreed to and did provide a
`proposal for a representative products stipulation. Please let me know if the proposal is acceptable.
`
`If you have any questions, please feel free to contact me.
`
`
`Thanks,
`Dan
`
`
`
`From: raskinj@gtlaw.com [mailto:raskinj@gtlaw.com]
`Sent: Monday, July 22, 2013 7:11 PM
`To: Dan Weinberg
`Cc: Richard Pettus; Justin MacLean; BookbinderJ@gtlaw.com; Qudus Olaniran
`Subject: RE: BE v. Samsung
`
`Dan,
`
`OK, but please send your response as early tomorrow as possible since we cannot wait any longer to seek the Court’s
`assistance.
`
`Thanks,
`
`Josh
`
`From: Dan Weinberg [mailto:DWeinberg@ftklaw.com]
`Sent: Monday, July 22, 2013 9:20 PM
`To: Raskin, Joshua L. (Shld-NY-IP-Tech)
`Cc: Pettus, Richard C. (Shld-NY-IP-Tech); MacLean, Justin A. (Assoc-NY-IP-Tech); Bookbinder, Julie (Assoc-NY-IP-Tech);
`Qudus Olaniran
`Subject: RE: BE v. Samsung
`
`Josh,
`
`We will have a response for you on Tuesday, July 23. Thank you for your patience.
`
`Thanks,
`Dan
`
`From: raskinj@gtlaw.com [mailto:raskinj@gtlaw.com]
`Sent: Monday, July 22, 2013 2:23 PM
`To: Dan Weinberg
`Cc: Richard Pettus; Justin MacLean; BookbinderJ@gtlaw.com; Qudus Olaniran
`Subject: RE: BE v. Samsung
`
`Dan,
`
`
`2
`
`
`
`Case 2:12-cv-02824-JPM-tmp Document 53-9 Filed 08/09/13 Page 4 of 5 PageID 705
`
`Please let us know if we can expect to receive a response to my email below. We reserve the right to proceed with filing
`a motion to compel and stay our discovery obligations pending new contentions at any time.
`
`Thanks,
`
`Josh
`
`From: Raskin, Joshua L. (Shld-NY-IP-Tech)
`Sent: Thursday, July 18, 2013 1:48 PM
`To: DWeinberg@ftklaw.com
`Cc: Pettus, Richard C. (Shld-NY-IP-Tech); MacLean, Justin A. (Assoc-NY-IP-Tech); Bookbinder, Julie (Assoc-NY-IP-Tech);
`QOlaniran@ftklaw.com
`Subject: FW: BE v. Samsung
`
`Dan,
`
`This responds to your email of last evening to Rich. The table you have provided is not what we had expected following
`the meet and confer call on Monday. While we appreciate that you have attempted to categorize the 177 accused
`products (except for the accused camera products which we assume BE Tech has either dropped or inadvertently
`omitted), you have not proposed a representative product from each category.
`
`Your email also does not address the main topic of the call (and the parties’ prior correspondence), i.e., whether BE Tech
`is willing to supplement its infringement contentions to provide the level of detail required under Local Rule
`3.1(c). Absent such supplementation to specifically identify the features which BE Tech contends to meet each claim
`limitation ‐‐ in both the BE Tech claim charts which merely repeat the claim language and the accompanying bare
`screenshots which do not include any ID/labeling of such features ‐‐ it is simply not possible to determine whether any
`products are actually representative of a category. More importantly, absent appropriate supplementation by BE Tech,
`Samsung remains prejudiced in its ability to provide responsive non‐infringement contentions. Please confirm whether
`BE Tech agrees to supplement its infringement contentions to provide these details.
`
`In light of the foregoing, we propose the following: we will hold off on filing our motion to compel for now if: (1) you
`promptly supplement your infringement contentions as to the products that you believe are representative of a given
`category; and (2) you agree to extend our deadline for providing non‐infringement contentions (and supporting
`documentation) until 28 days from service of your supplemental infringement contentions. Once we receive your
`updated infringement contentions and we serve our non‐infringement contentions, we will re‐evaluate your
`representative product list.
`
`Please let us know if you will agree to our proposal, or if you believe that another call would be productive. Otherwise,
`we reserve the right to proceed with filing a motion to compel and stay our discovery obligations pending new
`contentions.
`
`Thanks,
`
`Josh
`
`
`
`Begin forwarded message:
`
`From: Dan Weinberg <DWeinberg@ftklaw.com>
`Date: July 17, 2013 11:26:27 PM EDT
`To: Richard Pettus <pettusr@gtlaw.com>
`
`3
`
`
`
`Case 2:12-cv-02824-JPM-tmp Document 53-9 Filed 08/09/13 Page 5 of 5 PageID 706
`
`Cc: Qudus Olaniran <QOlaniran@ftklaw.com>, Justin MacLean <macleanj@gtlaw.com>
`Subject: BE v. Samsung
`
`Richard,
`
`
`Further to our discussion on Monday, attached please find a proposal for the division of products to
`facilitate a representative products stipulation narrowing the number of charts required for
`infringement and non‐infringement contentions. The spreadsheet is organized into six product
`categories and identifies the accused products in each category.
`
`
`For purposes of charting, we propose that a single chart of an accused product from each category
`would be representative of the other products identified in the category.
`
`In addition, you mentioned bifurcating damages for trial. BE does not agree to bifurcation at this time.
`
`
`Please let me know if you have any questions or comments.
`
`
`Thanks,
`Dan
`
`
`Daniel Weinberg
`Freitas Tseng & Kaufman LLP
`100 Marine Parkway, # 200| Redwood Shores, CA 94065
`Main: 650 593 6300 |Direct: 650 730 5501 | Fax: 650 593 6301
`
`
`
`
`
`
`
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`4