EXHIBIT 5 

Case 2:23-cv-00379-JRG-RSP Document 68-5 Filed 08/07/24 Page 1 of 5 PageID #: 1361
From: Sim, Charlie

To: Kristopher Davis; Zhu, Michelle J.

Cc: rak_headwater@raklaw.com; *** GDCTMO-Headwater

Subject: RE: Headwater v. T-Mobile - Infringement Contentions

Date: Monday, April 8, 2024 10:56:53 AM

Counsel,

T-Mobile confirms that it does not oppose Headwater’s motion to amend its infringement

contentions.

As we have previously conveyed, however, the contentions remain deficient in numerous respects.

As just one example, the amended contentions continue to include vague references to “[s]ervers,

hardware, software, and services leased, owned, supported, and/or operated by T-Mobile

comprising T-Mobile’s wireless network services functionality,” without specifically identifying or

charting any such instrumentalities. Relatedly, although Headwater has inserted “FOTA,” “Update

Server,” “FOTA,” and “OTA Server” to the definition of the Accused Products in the cover pleading to

the amended contentions, those components are not charted or even referenced in any of the

amended claim charts served by Headwater.

We have repeatedly explained that such vague, conclusory statements do not properly accuse any

“network services functionality,” including because they give T-Mobile no guidance on what is

accused or what it is supposed to be searching for in discovery. Nevertheless, in an effort to move

forward with discovery efficiently, and without agreeing to the adequacy of the allegations, T-Mobile

will perform a reasonable search for technical documentation relating to any network-side

technologies described in pages 7–10 of Exhibit H of the amended infringement contentions.

Best,

Charlie

Charlie Sim

Associate Attorney

T: +1 212.351.6274 | M: +1 607.339.1652

CSim@gibsondunn.com

GIBSON DUNN

Gibson, Dunn & Crutcher LLP

200 Park Avenue, New York, NY 10166-0193

From: Kristopher Davis <kdavis@raklaw.com> 

Sent: Monday, April 1, 2024 11:08 AM

To: Zhu, Michelle J. <MZhu@gibsondunn.com>

Cc: rak_headwater@raklaw.com; *** GDCTMO-Headwater <GDCTMOHeadwater@gibsondunn.com>

Subject: Re: Headwater v. T-Mobile - Infringement Contentions

Case 2:23-cv-00379-JRG-RSP Document 68-5 Filed 08/07/24 Page 2 of 5 PageID #: 1362
[WARNING: External Email]

Michelle,

Can you please confirm that T-Mobile does not oppose Headwater’s motion to amend the T-Mobile

infringement contentions, as provided on March 19?

Regards,

Kris

Kristopher Davis

Russ August & Kabat

12424 Wilshire Boulevard, 12th Floor

Los Angeles, CA 90025

(310) 826-7474

kdavis@raklaw.com

On Mar 19, 2024, at 6:46 PM, Kristopher Davis <kdavis@raklaw.com> wrote:

Michelle,

We have now served Headwater’s proposed amended contentions for T-Mobile, which

make amendments consistent with those made in the Verizon amended contentions.

Please confirm that T-Mobile does not oppose Headwater’s motion to amend the TMobile infringement contentions.

Regards,

Kris

Kristopher Davis

Russ August & Kabat

12424 Wilshire Boulevard, 12th Floor

Los Angeles, CA 90025

(310) 826-7474

kdavis@raklaw.com

On Mar 19, 2024, at 6:44 AM, Zhu, Michelle J. <MZhu@gibsondunn.com>

wrote:

Case 2:23-cv-00379-JRG-RSP Document 68-5 Filed 08/07/24 Page 3 of 5 PageID #: 1363
Counsel,

Headwater’s infringement contentions remain deficient, as per our prior

correspondence from February 1, 2024. See 2024-02-01 K. Dominguez

Ltr. Having not received any amended contentions, T-Mobile understands

Headwater’s infringement allegations to be limited to the accused enduser devices and functionality, i.e., the specifically identified “phones,

tablets, wearables, [or] devices . . . for use with T-Mobile’s wireless

network services,” and will carry out its discovery obligations consistent

with that understanding.

Michelle J. Zhu

Associate Attorney

T: 202.777.9413

MZhu@gibsondunn.com

GIBSON DUNN

Gibson, Dunn & Crutcher LLP

1050 Connecticut Avenue N.W., Washington, D.C. 20036-5306

From: Zhu, Michelle J.

Sent: Monday, February 26, 2024 5:21 PM

To: rak_headwater@raklaw.com

Cc: *** GDCTMO-Headwater <GDCTMO-Headwater@gibsondunn.com>

Subject: Headwater v. T-Mobile - Infringement Contentions

Counsel,

In light of the parties’ agreement to not oppose each other’s motions for

leave to amend, please provide your proposed amended infringement

contentions for the T-Mobile case. Since you did not indicate otherwise

on our meet and confer, we assume the amendment for T-Mobile will

mirror the amendment served on Verizon.

Please direct all correspondence to our team email reflector going

forward: GDCTMO-Headwater@gibsondunn.com. Thank you.

Michelle J. Zhu

Associate Attorney

T: 202.777.9413

MZhu@gibsondunn.com

GIBSON DUNN

Gibson, Dunn & Crutcher LLP

1050 Connecticut Avenue N.W., Washington, D.C. 20036-5306

Case 2:23-cv-00379-JRG-RSP Document 68-5 Filed 08/07/24 Page 4 of 5 PageID #: 1364
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