`
`EXHIBIT P
`Redacted
`
`
`
`Case 5:16-cv-00179-RWS Document 291-17 Filed 08/28/18 Page 2 of 4 PageID #: 18724
`
`From:
`To:
`Cc:
`
`Subject:
`Date:
`
`Beaber, Jamie B.
`Wisnia, Howard N.
`Miller, Tiffany A.; Fussell, Tripp; Moore, Steve; Eric Findlay; ZTE_Hitachi; US-CLIENT-HM-ZTE-Service; Geoff
`Culbertson; Brian Craft
`RE: Maxell v. ZTE - Motion for Alternative Service
`Wednesday, June 13, 2018 8:21:04 AM
`
`Howard,
`
`As noted below your circular reasoning is not helpful with respect to whether or not Maxell will need
`a Mandarin translator.
`
`With respect to your latter points, I believe that I already confirmed during our call on Monday that
`we would be calling Mr. Nakamura. I further indicated that we were working to develop witness
`ordering, etc. and I believe that we agreed that both parties would provide this information. So lets
`discuss when we are both in a position to provide useful information – let me know when you guys
`are at that place.
`
`With respect to asserted claims, I indicated that we would again provide the remaining information
`when ZTE was in a place to provide us with the specific combinations it intends to proceed to trial
`with for all patents. You indicated that you were not prepared to do this on Monday even though
`Steve had committed to the Court to do this more than a month ago. To date we still do not have
`that information and for the ‘317 ZTE provided no helpful narrowing – the Court did that with its
`denial of ZTE’s motion to amend. So lets discuss when ZTE is at that place – as you are well aware
`that must occur by mid-day on Thursday so that we can get the Court our amended pre-trial
`materials. I though you had committed to getting us this for the ‘193 patent sooner given it is
`relevant to our first witness.
`
`Thanks,
`
`J.B.
`
`From: Wisnia, Howard N. [mailto:howard.wisnia@pillsburylaw.com]
`Sent: Wednesday, June 13, 2018 11:07 AM
`To: Beaber, Jamie B.
`Cc: Miller, Tiffany A.; Fussell, Tripp; Moore, Steve; Eric Findlay; ZTE_Hitachi; US-CLIENT-HM-ZTE-
`Service; Geoff Culbertson; Brian Craft
`Subject: Re: Maxell v. ZTE - Motion for Alternative Service
`
`Jamie,
`
`The depos have been translated. I believe we’ve now addressed your concern. If not let me know
`what more information you need.
`
`Can you answer my question as to what Japanese speaking witnesses you intend to bring live or will
`be within the subpoena power of the court during the trial? We assume Mr. Nakamura. Any others?
`
`Also please send us the claim list for the 317 patent as promised.
`
`
`
`Case 5:16-cv-00179-RWS Document 291-17 Filed 08/28/18 Page 3 of 4 PageID #: 18725
`
`
` Thanks, Howard
`
`Best Regards, Howard
`
`On Jun 13, 2018, at 8:03 AM, Beaber, Jamie B. <JBeaber@mayerbrown.com> wrote:
`
`Howard,
`
`You guys represented to the Court during the pretrial conference that you did not need any
`translators for witnesses you intended to call – so your comments below are unhelpful and not on
`point. The purpose of our request below is to secure any translators that might be necessary.
`
`Thanks,
`
`J.B.
`
`From: Wisnia, Howard N. [mailto:howard.wisnia@pillsburylaw.com]
`Sent: Wednesday, June 13, 2018 10:58 AM
`To: Beaber, Jamie B.
`Cc: Miller, Tiffany A.; Fussell, Tripp; Moore, Steve; Eric Findlay; ZTE_Hitachi; US-CLIENT-HM-ZTE-
`Service; Geoff Culbertson; Brian Craft
`Subject: Re: Maxell v. ZTE - Motion for Alternative Service
`
`We are going to call them, if at all, by depo. They will not be available for live testimony. Are you
`bringing all the inventors and other Japanese witnesses that have been designated by depo in case
`we want to call them live?
`On Jun 13, 2018, at 7:53 AM, Beaber, Jamie B. <JBeaber@mayerbrown.com> wrote:
`
`Howard,
`
`These folks are all on our may call list – if ZTE is not going to call them then that resolves our issue. If
`ZTE is going to call them live or by depo designation we may want to call them live.
`
`Thanks,
`
`J.B.
`
`From: Wisnia, Howard N. [mailto:howard.wisnia@pillsburylaw.com]
`Sent: Wednesday, June 13, 2018 10:44 AM
`To: Miller, Tiffany A.
`Cc: Fussell, Tripp; Moore, Steve; Eric Findlay; ZTE_Hitachi; US-CLIENT-HM-ZTE-Service; Geoff
`Culbertson; Brian Craft
`Subject: Re: Maxell v. ZTE - Motion for Alternative Service
`
`Why would you need a Translator for depo designations? Explain please. We reserve our rights to
`call all witnesses we have designated by deposition.
`
`Best Regards, Howard
`
`
`
`Case 5:16-cv-00179-RWS Document 291-17 Filed 08/28/18 Page 4 of 4 PageID #: 18726
`
`
`Howard N. Wisnia | Partner
`Pillsbury Winthrop Shaw Pittman LLP
`501 West Broadway, Suite 1100 | San Diego, CA 92101-3575
`t 619.544.3120 | m 858.245.1591
`howard.wisnia@pillsburylaw.com | website bio
`
`On Jun 13, 2018, at 7:34 AM, Miller, Tiffany A. <TMiller@mayerbrown.com> wrote:
`
`Steve and Eric,
`
` I
`
` want to follow up on the second point in Tripp’s email below. Could you please confirm that ZTE
`will not call either live or by deposition designation
`? As noted previously, we need this information immediately so that
`we may coordinate interpreters.
`
`Regards,
`Tiffany
`
`From: Fussell, Tripp
`Sent: Thursday, June 07, 2018 4:40 PM
`To: Moore, Steve; 'Eric Findlay'
`Cc: ZTE_Hitachi; US-CLIENT-HM-ZTE-Service; Geoff Culbertson; 'Brian Craft'
`Subject: RE: Maxell v. ZTE - Motion for Alternative Service
`
`Steve and Eric,
`
`With respect to narrowing the case for trial, Maxell remains willing to further narrow claims at issue
`in the case if ZTE is willing to identify the prior art and 103 combinations it intends to rely on at trial.
`This was raised in the email below, and we have yet to received any response notwithstanding your
`representations to the Court during the daubert/summary judgment hearing. If your intention is to
`proceed to trial with all 48 references that you have identified in the pretrial order, please confirm
`this and provide us with the specific combinations that you intend to rely upon at trial for these
`references.
`
`Also, during the pretrial conference, you indicated to the Court that the parties will not need a
`translator for any ZTE witnesses testimony and that Waiman Lam would be its only party witness.
`We note that your witness list has many ZTE witnesses listed as “may call”. Based on your statement
`to the Court can we confirm that ZTE will not call either live or by deposition designation
`? We of course need this information
`immediately for purposes of translators and further because these individuals are also on Maxell’s
`witness list as “may call” witnesses.
`
`Thanks,
`
`
`
`♦
`
`