Case 2:17-cv-00514-JRG Document 161-16 Filed 02/13/19 Page 1 of 4 PageID #: 14383
`Case 2:17-cv-00514—JRG Document 161-16 Filed 02/13/19 Page 1 of 4 PageID #: 14383
`
`EXHIBIT 15
`
`EXHIBIT 15
`
`

`

`Case 2:17-cv-00514-JRG Document 161-16 Filed 02/13/19 Page 2 of 4 PageID #: 14384
`
`From:
`To:
`
`Cc:
`Subject:
`Date:
`
`Bombach, Miguel J. (SDO)
`Iturralde, Enrique W.; Bernstein, Matthew C. (SDO); Hurt, James (SDO); Canavera, Kyle Ryan (SDO);
`bcraft@findlaycraft.com; efindlay@findlaycraft.com; *Perkins Service HTC-AGIS
`AGIS-Lit
`RE: AGIS - HTC"s source code
`Monday, October 01, 2018 8:53:47 PM
`
`Enrique,
`
`Our code has been available for nearly half a year, and AGIS’s failure to request inspection is its own
`fault.
`
` I
`
` informed Ms. Messing that our source code was available for inspection via a May 16 letter. My
`letter asked for one-week notice to allow our staff time to set up an office. Ms. Messing and I had a
`meet and confer on May 17 and, on that call, I told her that our source code was available and again
`asked for one week notice. The ball was very clearly in AGIS’s court since then to request inspection.
`
`On July 31, Mr. Rubino provided a generic source-code related complaint to HTC via letter. From his
`letter, it was clear that he did not check with Ms. Messing or read my past correspondence prior to
`sending his letter. On August 16, I responded via letter telling Mr. Rubino that our source code was
`available, and has been since May 16. In my letter, I detailed the previous correspondence and meet
`and confer between Ms. Messing and I.
`
`From your e-mail, it appears that you did not check with Ms. Messing or Mr. Rubino, or read my
`prior letters. The Brown Rudnick team is simply not communicating with each-other and not reading
`past letters (or perhaps your team is confusing HTC with another Android defendant?).
`
`Our source code computer shall be ready on October 3. To make clear, I have repeatedly told Brown
`Rudnick attorneys that HTC does not have the source code for the accused applications. HTC has
`repeated that in its court filings and in our discovery responses. The source code will have the
`source code in HTC’s possession, custody, or control.
`
`Thanks,
`Miguel
`
`Miguel Bombach | Perkins Coie LLP
`11988 El Camino Real Suite 350
`San Diego, CA 92130-2594
`D. +1.858.720.5747
`C: +1 646.469.1474
`F. +1.858.720.5847
`E. MBombach@perkinscoie.com
`
`From: Iturralde, Enrique W. <EIturralde@brownrudnick.com>
`Sent: Monday, October 01, 2018 7:02 AM
`To: Bombach, Miguel J. (SDO) <MBombach@perkinscoie.com>; Bernstein, Matthew C. (SDO)
`<MBernstein@perkinscoie.com>; Hurt, James (SDO) <JHurt@perkinscoie.com>; Canavera, Kyle Ryan
`(SDO) <KCanavera@perkinscoie.com>; bcraft@findlaycraft.com; efindlay@findlaycraft.com;
`*Perkins Service HTC-AGIS <PerkinsServiceHTC-AGIS@perkinscoie.com>
`
`

`

`Case 2:17-cv-00514-JRG Document 161-16 Filed 02/13/19 Page 3 of 4 PageID #: 14385
`
`Cc: AGIS-Lit <agislit@brownrudnick.com>
`Subject: Re: AGIS - HTC's source code
`
`
`Miguel,
`
`We did not receive any response to the below e-mail or any update about the availability of HTC
`source code. Please confirm that HTC no longer intends to produce any source code in this case.
`
`Thanks,
`Enrique
`
`From: "Iturralde, Enrique W." <EIturralde@brownrudnick.com>
`Date: Saturday, July 28, 2018 at 5:31 AM
`To: "mbombach@perkinscoie.com" <MBombach@perkinscoie.com>,
`"MBernstein@perkinscoie.com" <MBernstein@perkinscoie.com>, James Hurt
`<jhurt@perkinscoie.com>, "kcanavera@perkinscoie.com" <kcanavera@perkinscoie.com>,
`"bcraft@findlaycraft.com" <bcraft@findlaycraft.com>, "'efindlay@findlaycraft. com'"
`<efindlay@findlaycraft.com>, "PerkinsServiceHTC-AGIS@perkinscoie.com" <PerkinsServiceHTC-
`AGIS@perkinscoie.com>
`Cc: AGIS-Lit <agislit@brownrudnick.com>
`Subject: AGIS - HTC's source code
`
`Miguel,
`
`Your May 16, 2018 letter states that "HTC Corp. will lay make its source code for its phones available
`for inspection." However, we have not received any further updates regarding the status of HTC's
`source code production. Please let us know when HTC's source code (for all HTC Accused Products)
`becomes available for inspection so that we can schedule a review. Please also let us know if you can
`make the code available for inspection at either one of Perkins Coie's NYC or DC offices.
`
`Regards,
`Enrique
`
`[http://www.brbi.dom/signature/Brown%20Rudnick.jpg]
`
`Enrique W. Iturralde
`
`Brown Rudnick LLP
`Seven Times Square
`New York, NY 10036
`
`

`

`Case 2:17-cv-00514-JRG Document 161-16 Filed 02/13/19 Page 4 of 4 PageID #: 14386
`
`T: 212-209-4936
`F: 212-938-2936
`eiturralde@brownrudnick.com<mailto:eiturralde@brownrudnick.com>
`www.brownrudnick.com<http://www.brownrudnick.com/>
`
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