Friday, April 18, 2008 11:30:18 AM
Sent: Tuesday, April 15, 2008 5:41 PM
To: Sonal.Mehta@weil.com; Benjamin.Levi@usitc.gov; Brittingham, Smith;
samsung-idc-itc-service@weil.com
Cc: Lasher, Alex; InterDigital-ITC; nokiainterdigital@quinnemanuel.com; Nokia Interdigital ITC; Haynes,
John
Subject: RE: Inv. 337-613 - coordination issues
Dear Counsel:
Let me also make Nokia's position clear. In ,,ght of the fact that Jokia is still
consolidated with Samsung, prosecution of the case by InterDigital violates the
injunction unless the matter relates solely to Samsung and cannot affect Nokia's
rights. For example, InterDigital's continued pursuit of the acceptance of expert
reports which address issues relating to Nokia is a violation, in our view, of the
injunction. Moreover, because of the current procedural posture of the case, Nokia
must participate in any discussions regarding trial procedure or other matters that
could have the possibility of affecting its rights.
In light of the April 14 Order relating to deadlines in this case, we think the prudent
thing for InterDigital to do is to suspend its activities in this case until and unless the
injunction is lifted.
We also reserve our rights with respect to anything that may have occurred during the
April 14 telephone hearing from which Nokia's counsel was excluded.
If there are any questions about our position on this matter, please let us know.
Patrick J. Flinn
Alston & Bird LLP
120 1 West Peachtree Street
Atlanta, Georgia 30309
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