Case 6:22-cv-01162-ADA Document 111-3 Filed 07/12/24 Page 1 of 4
`Case 6:22-cv-01162-ADA Document111-3 Filed 07/12/24 Page 1 of 4
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`EXHIBIT C
`EXHIBIT C
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`

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`Case 6:22-cv-01162-ADA Document 111-3 Filed 07/12/24 Page 2 of 4
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`From:
`To:
`Cc:
`Subject:
`Date:
`
`Wang, Grace
`Austin Ciuffo
`PH-RLTK-PV-I; PV; Mark Siegmund
`RE: ParkerVision v. Realtek - Meet & Confer Required
`Thursday, April 25, 2024 4:54:35 PM
`
`Austin,
`
`Realtek made a production on Monday, and made another production earlier today. We anticipate
`that this week’s productions should resolve the issues you outlined below. If you review our
`productions and determine there is still a need to meet and confer, please let us know.
`
`Also, during last Wednesday’s meet and confer, Jason stated that ParkerVision should have been out
`of the notice period for its settlement agreements, and would be producing all settlement
`agreements shortly. Based on our review of ParkerVision’s production, we only identified patent
`settlement agreements with Samsung, Buffalo, and Zyxel. Please provide a date certain by which
`ParkerVision will produce the remaining settlement agreements.
`
`We also wanted to confirm Jason’s statements during the meet and confer regarding ParkerVision’s
`productions from prior litigations. Jason had stated that ParkerVision’s production in its LG and TCL
`litigations included everything in its production from the Intel litigation, and no other documents.
`Jason further stated that ParkerVision’s production in the Intel litigation included everything it had
`produced in the Qualcomm litigation, plus additional documents. Please confirm our understanding
`is correct. Based on our review, ParkerVision has only produced documents it produced from the
`Qualcomm litigation. Please provide a date certain by which ParkerVision will produce the
`documents it produced in the LG, TCL, and Intel litigations.
`
`Further, ParkerVision stated that it would not produce expert reports from other litigations given the
`confidential information of other defendants. When we specifically raised validity/invalidity reports,
`Jason stated that all those reports also include third party confidential information. Please confirm
`which third party confidential information are included in the validity/invalidity reports by April 29 so
`that we can seek permission from these third parties to have a copy of these reports.
`
`Regards,
`Grace
`
`
`From: Austin Ciuffo <aciuffo@daignaultiyer.com>
`Sent: Monday, April 22, 2024 6:04 PM
`To: Wang, Grace <gracewang@paulhastings.com>
`Cc: PH-RLTK-PV-I <PH-RLTK-PV-I@paulhastings.com>; PV <PVLit@daignaultiyer.com>
`Subject: [EXT] ParkerVision v. Realtek - Meet & Confer Required
` Counsel, Realtek’s responses/production to ParkerVision’s Interrogatories and Requests for Production are severely deficient (see the attached spreadsheet). Please provide your availability to meet and confer about the below issues on either
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`Case 6:22-cv-01162-ADA Document 111-3 Filed 07/12/24 Page 3 of 4
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`ZjQcmQRYFpfptBannerEndCounsel,
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`Realtek’s responses/production to ParkerVision’s Interrogatories and Requests for Production are
`severely deficient (see the attached spreadsheet). Please provide your availability to meet and confer
`about the below issues on either 24/25/26 April 2024.
`
`
`1. ParkerVision’s First Set of RFPs served on January 16, 2024.
`
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`Realtek responded that it would provide non-privileged, relevant materials responsive to Request
`nos. 8, 9, 11, 12, 13, 15, 16, 20, 23, 26, 27, 29, 32, 34, 39, and 40. Realtek has provided zero
`documents responsive to each of those Requests. In sum, Realtek has produced (8) limited financial
`documents: (7) the 2016-2022 annual reports for Realtek that do not offer chip-specific or other
`related financial data (many of which are written in Chinese), and (1) a settlement and patent license
`agreement between Avago and Realtek. These documents as a response to Request nos. 8, 25, and 28
`are deficient. Further, the parties must meet and confer regarding Request nos. 17, 21, 28, 44, and
`45.
`
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`2. ParkerVision’s First set of Interrogatories served on January 16, 2024.
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`Realtek’s response to Interrogatory No. 3 is deficient for failing to comply with Rule 33(d) of the
`Fed. Rules of Civ. Procedure. To the extent Realtek responds that “Realtek will produce documents
`in response to this Interrogatory,” Realtek must supply the production numbers for such documents.
`The parties must meet and confer regarding Interrogatory No. 4. Further, regarding Interrogatory No.
`10, Realtek’s response that its investigation is “ongoing and Realtek reserves all rights to amend,
`modify, or supplement the information herein as discovery continues” is deficient. Realtek has had
`over ninety days to supplement Interrogatory No. 10 and has failed to do so.
`
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`3. Sales information.
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`Realtek unilaterally decided that it will provide “non-privileged, relevant materials for the United
`States responsive” to certain Requests. In light of the Federal Circuit’s decision in Harris Brumfield
`v. IBG LLC, ParkerVision is entitled to international financial information insofar as it relates to the
`license, purchase, sale, offer for sale, importation, and/or distribution of accused Realtek Chips with
`a causal infringing relationship to infringement occurring within the United States—a determination
`ripe for ParkerVision’s damages expert in preparing his/her expert report. Thus, ParkerVision is
`entitled to documents reflecting all Realtek sales of accused products both in the United States and
`outside of the United States.
`
`Please provide your availability for a meet and confer on April 24, 25 or 26 regarding Realtek’s
`deficient fact discovery responses and production. We will seek the Court’s assistance if we are
`unable to obtain sufficient assurances that Realtek will cure the discovery deficiencies mentioned
`above.
`
`Best,
`
`Austin Ciuffo
`
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`Case 6:22-cv-01162-ADA Document 111-3 Filed 07/12/24 Page 4 of 4
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`Austin J. Ciuffo
`Associate
`
`Daignault Iyer LLP
`daignaultiyer.com
`
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