Case 1:20-cv-00393-LO-TCB Document 1335-1 Filed 06/13/22 Page 1 of 6 PageID# 33653
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`Exhibit 2
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`
`
`Exhibit 2
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`
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`Case 1:20-cv-00393-LO-TCB Document 1335-1 Filed 06/13/22 Page 2 of 6 PageID# 33654
`
`Al-Marzoog, Sami (DC)
`
`From:
`Sent:
`To:
`Cc:
`Subject:
`
`Yeh, Thomas (LA)
`Sunday, June 12, 2022 11:20 PM
`Michalik, John M.; Weinand, Paul (BN); #C-M PMIEDVA - LW TEAM
`RJREDVA; cmolster@molsterlaw.com
`RE: Case No. 1:20-cv-00393-LO-TCB (Reynolds's June 12 trial disclosure)
`
`John – we disagree the issue is resolved. We maintain our objections to slides 19, 20, 21, 22, 23, 30, 31, 33, and 34.
`
`From: Michalik, John M. <jmichalik@JonesDay.com>
`Sent: Sunday, June 12, 2022 11:00 PM
`To: Yeh, Thomas (LA) <Thomas.Yeh@lw.com>; Weinand, Paul (BN) <Paul.Weinand@lw.com>; #C-M PMIEDVA - LW
`TEAM <pmiedva.lwteam@lw.com>
`Cc: RJREDVA <RJREDVA@jonesday.com>; cmolster@molsterlaw.com
`Subject: RE: Case No. 1:20-cv-00393-LO-TCB (Reynolds's June 12 trial disclosure)
`
`Thomas - -
`
`The image in slide 21 is from an animation in powerpoint that uses the image from the paragraphs in Dr. Suhling’s
`rebuttal report that I previously identified. It is not a physical replica or physical demonstrative. Both parties have relied
`extensively on animations so far in their demonstratives, so I expect this resolves the issue.
`
`
`John M. Michalik
`Partner
`JONES DAY® - One Firm Worldwide℠
`110 North Wacker Drive
`Suite 4800
`Chicago, Illinois 60606
`Office +1.312.269.4215
`Mobile +1.312.315.5926
`jmichalik@jonesday.com
`
`From: Thomas.Yeh@lw.com <Thomas.Yeh@lw.com>
`Sent: Sunday, June 12, 2022 10:54 PM
`To: Michalik, John M. <jmichalik@JonesDay.com>; Paul.Weinand@lw.com; pmiedva.lwteam@lw.com
`Cc: RJREDVA <RJREDVA@jonesday.com>; cmolster@molsterlaw.com
`Subject: RE: Case No. 1:20-cv-00393-LO-TCB (Reynolds's June 12 trial disclosure)
`
`** External mail **
`
`John,
`
`You identified several paragraphs below. Which one in particular? And am I correct to understand that the inset picture
`as it appears on slide 21 was not in fact disclosed in Dr. Suhling’s rebuttal expert report?
`
`First, by “mapped onto a 3-D object for presentation,” is that referring an enlarged physical replica?
`
`Second, am I correct that what you have sent is a photograph of that physical replica?
`
`
`1
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`
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`Case 1:20-cv-00393-LO-TCB Document 1335-1 Filed 06/13/22 Page 3 of 6 PageID# 33655
`
`Thanks,
`Thomas
`
`Thomas W. Yeh
`
`
`LATHAM & WATKINS LLP
`355 South Grand Avenue, Suite 100 | Los Angeles, CA 90071-1560
`D: +1.213.891.8050
`
`
`
`From: Michalik, John M. <jmichalik@JonesDay.com>
`Sent: Sunday, June 12, 2022 10:48 PM
`To: Yeh, Thomas (LA) <Thomas.Yeh@lw.com>; Weinand, Paul (BN) <Paul.Weinand@lw.com>; #C-M PMIEDVA - LW
`TEAM <pmiedva.lwteam@lw.com>
`Cc: RJREDVA <RJREDVA@jonesday.com>; cmolster@molsterlaw.com
`Subject: RE: Case No. 1:20-cv-00393-LO-TCB (Reynolds's June 12 trial disclosure)
`
`Thomas - -
`
`It is the image from the paragraph I identified in my email below mapped onto a 3-D object for presentation.
`
`
`John M. Michalik
`Partner
`JONES DAY® - One Firm Worldwide℠
`110 North Wacker Drive
`Suite 4800
`Chicago, Illinois 60606
`Office +1.312.269.4215
`Mobile +1.312.315.5926
`jmichalik@jonesday.com
`
`From: Thomas.Yeh@lw.com <Thomas.Yeh@lw.com>
`Sent: Sunday, June 12, 2022 10:28 PM
`To: Michalik, John M. <jmichalik@JonesDay.com>; Paul.Weinand@lw.com; pmiedva.lwteam@lw.com
`Cc: RJREDVA <RJREDVA@jonesday.com>; cmolster@molsterlaw.com
`Subject: RE: Case No. 1:20-cv-00393-LO-TCB (Reynolds's June 12 trial disclosure)
`
`** External mail **
`
`John, are you representing that the inset image on slide 21 is the same photograph disclosed in paragraph 76 of Dr.
`Suhling’s report? If not, which paragraph of Dr. Suhling’s rebuttal report, specifically, was the inset photograph on slide
`21 disclosed in? Please confirm. We look forward to hearing from you by 11 PM ET. Thanks.
`
`From: Michalik, John M. <jmichalik@JonesDay.com>
`Sent: Sunday, June 12, 2022 10:20 PM
`To: Yeh, Thomas (LA) <Thomas.Yeh@lw.com>; Weinand, Paul (BN) <Paul.Weinand@lw.com>; #C-M PMIEDVA - LW
`TEAM <pmiedva.lwteam@lw.com>
`Cc: RJREDVA <RJREDVA@jonesday.com>; cmolster@molsterlaw.com
`Subject: RE: Case No. 1:20-cv-00393-LO-TCB (Reynolds's June 12 trial disclosure)
`
`Thomas - -
`
`2
`
`
`
`Case 1:20-cv-00393-LO-TCB Document 1335-1 Filed 06/13/22 Page 4 of 6 PageID# 33656
`
`
`During our meet and confer, the only objection you raised to the images in Dr. Suhling’s slides was in slides 19-23, 30-31,
`and 33-34 and related to the SEM image of the heater. That image was disclosed in Paragraphs 76, 96, 98, and 201-207
`of Dr. Suhling’s rebuttal report. That image also formed the basis of PX-587. With respect to your second recent email,
`the SEM image of the heater was not produced in native format. In response to your third recent email, Dr. Suhling
`discussed 7:21025 and Figure 1 of the ‘265 patent (cited on slide 18) at Paragraphs 39-40 of his rebuttal report.
`
`
`John M. Michalik
`Partner
`JONES DAY® - One Firm Worldwide℠
`110 North Wacker Drive
`Suite 4800
`Chicago, Illinois 60606
`Office +1.312.269.4215
`Mobile +1.312.315.5926
`jmichalik@jonesday.com
`
`From: Thomas.Yeh@lw.com <Thomas.Yeh@lw.com>
`Sent: Sunday, June 12, 2022 9:46 PM
`To: Paul.Weinand@lw.com; Michalik, John M. <jmichalik@JonesDay.com>; pmiedva.lwteam@lw.com
`Cc: RJREDVA <RJREDVA@jonesday.com>; cmolster@molsterlaw.com
`Subject: RE: Case No. 1:20-cv-00393-LO-TCB (Reynolds's June 12 trial disclosure)
`
`** External mail **
`
`Counsel – thank you for the meet and confer. Setting aside our disagreement over whether the photographs in Dr.
`Suhling’s deck are proper demonstratives (we believe they are not), you also represented that each of the photographs
`appear in Dr. Suhling’s Rebuttal Expert Report, apart from the color, scale, etc. annotations. Please confirm, in writing,
`that each of the photographs in Dr. Suhling’s demonstratives are also in Dr. Suhling’s rebuttal expert report by 10:30 PM
`ET, and that the slide deck includes no new photographs. As always, we’re happy to meet and confer further in an effort
`to streamline the disputes. Thanks.
`
`
`From: Weinand, Paul (BN) <Paul.Weinand@lw.com>
`Sent: Sunday, June 12, 2022 8:28 PM
`To: Michalik, John M. <jmichalik@JonesDay.com>; #C-M PMIEDVA - LW TEAM <pmiedva.lwteam@lw.com>
`Cc: RJREDVA <RJREDVA@jonesday.com>; Charles Molster <cmolster@molsterlaw.com>
`Subject: RE: Case No. 1:20-cv-00393-LO-TCB (Reynolds's June 12 trial disclosure)
`
`John,
`
`Please see the below objections:
`
`Slide 17 – Contrary to claim construction order
`Slide 18 – Contrary to claim construction order, not in expert report
`Slide 19 – Undisclosed exhibit, improper demonstrative, 402/403
`Slide 20 – Undisclosed exhibit, improper demonstrative, 402/403
`Slide 21 – Undisclosed exhibit, improper demonstrative, 402/403
`Slide 22 – Undisclosed exhibit, improper demonstrative, 402/403
`Slide 23 – Undisclosed exhibit, improper demonstrative, 402/403
`Slide 30 – Undisclosed exhibit, improper demonstrative, 402/403
`Slide 31 – Undisclosed exhibit, improper demonstrative, 402/403
`3
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`
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`Case 1:20-cv-00393-LO-TCB Document 1335-1 Filed 06/13/22 Page 5 of 6 PageID# 33657
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`Slide 33 – Undisclosed exhibit, improper demonstrative, 402/403
`Slide 34 -- Undisclosed exhibit, improper demonstrative, 402/403
`
`Thanks,
`Paul
`
`Paul Weinand
`
`
`LATHAM & WATKINS LLP
`200 Clarendon Street | Boston, MA 02116
`D: +1.617.880.4580 | M: +1.609.558.8101
`
`
`From: Michalik, John M. <jmichalik@JonesDay.com>
`Sent: Sunday, June 12, 2022 7:04 PM
`To: #C-M PMIEDVA - LW TEAM <pmiedva.lwteam@lw.com>
`Cc: RJREDVA <RJREDVA@jonesday.com>; Charles Molster <cmolster@molsterlaw.com>
`Subject: Case No. 1:20-cv-00393-LO-TCB (Reynolds's June 12 trial disclosure)
`
`Counsel - -
`
`Reynolds discloses the attached demonstratives that may be used with Dr. Suhling.
`
`
`John M. Michalik
`Partner
`JONES DAY® - One Firm Worldwide℠
`110 North Wacker Drive
`Suite 4800
`Chicago, Illinois 60606
`Office +1.312.269.4215
`Mobile +1.312.315.5926
`jmichalik@jonesday.com
`
`***This e-mail (including any attachments) may contain information that is private, confidential, or protected
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`without copying it and notify sender by reply e-mail, so that our records can be corrected.***
`_________________________________
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`This email may contain material that is confidential, privileged and/or attorney work product for the sole use of the
`intended recipient. Any review, disclosure, reliance or distribution by others or forwarding without express permission
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`
`Latham & Watkins LLP or any of its affiliates may monitor electronic communications sent or received by our networks
`in order to protect our business and verify compliance with our policies and relevant legal requirements. Any personal
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`
`4
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`Case 1:20-cv-00393-LO-TCB Document 1335-1 Filed 06/13/22 Page 6 of 6 PageID# 33658
`
`***This e-mail (including any attachments) may contain information that is private, confidential, or protected
`by attorney-client or other privilege. If you received this e-mail in error, please delete it from your system
`without copying it and notify sender by reply e-mail, so that our records can be corrected.***
`
`5
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`
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