Case 5:19-cv-00036-RWS Document 96-4 Filed 10/07/19 Page 1 of 3 PageID #: 4346
`Case 5:19-cv-00036—RWS Document 96-4 Filed 10/07/19 Page 1 of 3 PageID #: 4346
`
`
`
`
`
`
`
`EXHIBIT C
`
`EXHIBIT C
`
`

`

`Case 5:19-cv-00036-RWS Document 96-4 Filed 10/07/19 Page 2 of 3 PageID #: 4347
`
`
`
`
`
`
`September 23, 2019
`
`VIA E-MAIL
`
`Tony Beasley
`O’Melveny & Myers LLP
`400 South Hope Street
`18th Floor
`Los Angeles, CA 90071-2899
`tbeasley@omm.com
`
`
`
`
`Mayer Brown LLP
`1999 K Street, N.W.
`Washington, D.C. 20006-1101
`Main Tel +1 202 263 3000
`Main Fax +1 202 263 3300
`www.mayerbrown.com
`
`Jamie B. Beaber
`Direct Tel +1 202 263 3153
`Direct Fax +1 202 263 5209
`jbeaber@mayerbrown.com
`
`Re: Maxell, Ltd. v. Apple Inc., Case No. 5:19-cv-00036-RWS (E.D. Tex.) –
`Supplementation of Maxell Infringement Contentions
`
`Dear Tony:
`
`This month, Apple has announced the release of several new products: iPhone 11, iPhone
`
`11 Pro, iPhone 11 Pro Max, Apple Watch Series 5, and iPad 10.2. Based on publicly available
`technical specifications, we are under the belief that these newly released products operate in
`substantially the same way for purposes of infringement as prior models of the iPhone, Apple
`Watch, and iPad. Accordingly, Maxell intends to move the Court for leave to supplement its
`infringement contentions to add the newly released products.
`
`The iPhones and watch were made available on September 20, 2019 and the iPad is being
`
`made available on September 30, 2019. In order to provide Maxell sufficient time to analyze the
`released products themselves, Maxell proposes that it provide Apple with its supplementation on
`or before October 31, subject to any delays in Maxell’s receipt of the products.
`
`Please let us know if you will oppose Maxell’s motion for leave to add the newly released
`
`products to its infringement contentions by October 31, 2019.
`
`Assuming the Court permits Maxell to add the newly released products to the case, we also
`
`request that Apple supplement its document production, source code production, and interrogatory
`responses to provide relevant documents and information as they relate to these products. We
`request that Apple’s supplementation be complete by November 15, 2019. Please let us know if
`Apple agrees to this proposal.
`
`
`
`
`
`
`
`Mayer Brown LLP operates in combination with other Mayer Brown entities with offices in Europe and Asia
`and is associated with Tauil & Chequer Advogados, a Brazilian law partnership.
`
`
`
`

`

`Case 5:19-cv-00036-RWS Document 96-4 Filed 10/07/19 Page 3 of 3 PageID #: 4348
`Mayer Brown LLP
`
`
`
`T. Beasley
`September 23, 2019
`Page 2
`
`
`
`
`
`
`
`
`
`
`
`We are, as always, available to meet and confer on this issue if necessary.
`
`
`
`
`
`
`
`
`
`
`Sincerely,
`
`cc: Counsel of Record
`
`Jamie B. Beaber
`
`
`
`