02198-00091/15022383.1

MOTION FOR LETTER OF REQUEST 

IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

MARSHALL DIVISION 

COBBLESTONE WIRELESS, LLC, 

Plaintiff,

v.

SAMSUNG ELECTRONICS CO., LTD., and

SAMSUNG ELECTRONICS AMERICA, 

INC.,

Defendants.

Civil Action No. 2:23-cv-00285-JRG-RSP

PUBLIC VERSION

SAMSUNG’S UNOPPOSED MOTION FOR ISSUANCE OF LETTER OF REQUEST TO 

INSPECT DOCUMENTS PURSUANT TO THE HAGUE EVIDENCE CONVENTION

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I. INTRODUCTION

Pursuant to Rule 28 of the Federal Rules of Civil Procedure, Defendants Samsung

Electronics Co., Ltd. and Samsung Electronics America Inc. (“Samsung”) request that the Court 

issue a Letter of Request in the form attached hereto as Appendix A, addressed to the Central 

Authority of Denmark, requesting the production of certain documents and information from Phase 

One A/S (“Phase One ”). Phase One is a Danish entity 

 one or more of the asserted patents asserted against Samsung by Plaintiff 

Cobblestone Wireless, LLC (“Cobblestone”) in the above-referenced matter. This application is 

made pursuant to, and in conformity with, the Hague Convention of 18 March 1970 on the Taking 

of Evidence Abroad in Civil or Commercial Matters, T.I.A.S. 7444, 23 U.S.T. 2555 (“Hague 

Evidence Convention”), which is in force between the United States and Denmark. Cobblestone

does not oppose this request. 

Samsung’s proposed Letter of Request seeks highly relevant information from Phase One, 

including information that is directly relevant to the validity and enforceability of the Asserted 

Patents, and Cobblestone’s ability to seek damages. 

Phase One is located in Denmark. Accordingly, Samsung requests that the Court issue the 

Letter of Request to the Central Authority of Denmark in the form attached hereto as Appendix 

A.

II. FACTUAL BACKGROUND

Cobblestone filed the Original Complaint against Samsung in this case on June 16, 2023.

See Dkt. 1. Cobblestone alleges that Samsung infringes United States Patent Nos. 7,924,802 

(“the ’802 Patent”), 8,554,196 (“the ’196 Patent”), 8,891,347 (“the ’347 Patent”), 9,094,888 

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(“the ’888 Patent”), and 10,368,361 (“the ’361 Patent”) (collectively, the “Asserted Patents”) 

which relate to wireless mobile communications. Id. at 3-12. 

According to a document produced by Cobblestone in discovery, 

Fact discovery in this case is presently underway and closes on November 22, 2024. Dkt. 

30 at 3. Samsung submits this request now in view of the time needed for international cooperation 

and completing discovery from Phase One. 

III. ARGUMENT

A. A Letter of Request Is The Proper Method For A U.S. Court To Seek

Discovery In A Foreign Jurisdiction

The United States and Denmark are signatories to the Hague Evidence Convention. See, 

e.g., Hague Evidence Convention Status Table, 

https://www.hcch.net/en/instruments/conventions/status-table/?cid=82 (May 5, 2024). 

Under the Hague Evidence Convention, a letter of request or “letter rogatory” is a formal 

written request sent by a domestic court to a foreign court asking that a witness residing within 

that foreign court’s jurisdiction either provide documents, a deposition, or both for use in a pending 

action before the requesting court. Intel Corp. v. Advanced Micro Devices, Inc., 542 U.S. 241, 

247 n.1 (2004) (“A letter rogatory is the request by a domestic court to a foreign court to take 

evidence from a certain witness.”); accord 8A Charles Alan Wright, Arthur R. Miller, & Richard 

L. Marcus, Federal Practice & Procedure § 2083 (3d ed. 2007). This Court is authorized to issue

letters of request and to transmit them directly to the National Court Administration under Rule 28 

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of the Federal Rules of Civil Procedure and 28 U.S.C. § 1781(b)(2). The decision to issue such a 

letter is within the Court’s discretion, United States v. Wedding, No. 08-2386, 2009 WL 1329146, 

at *1 (S.D. Cal. May 13, 2009), and the proper inquiry for issuance is whether the discovery sought 

complies with the liberal standard of Federal Rule of Civil Procedure 26, DBMS Consultants Ltd. 

v. Comput. Assocs. Int’l, Inc., 131 F.R.D. 367, 369 (D. Mass. 1990).

B. Phase One And Its Danish Employees Very Likely Possess Information

Relevant To Samsung’s Defenses In This Case

Samsung’s motion for execution of the attached Letter of Request should be granted 

because it seeks targeted information from Phase One that is directly relevant, and indeed, critical 

to, a number of Samsung’s defenses in this case. 

In particular, Request No. 1 is directed to the 

which is relevant to Samsung’s validity, enforceability, 

and standing defenses, as well as alleged damages. See, e.g., Georgia-Pacific Corp. v. U.S. 

Plywood Corp., 318 F. Supp. 1116, 1120 (S.D.N.Y. 1970) (identifying licensing activity as 

relevant to reasonable royalty damages); United Servs. Auto. Ass’n v. Wells Fargo Bank, N.A., No. 

2:18-CV-00366-JRG-RSP, 2019 U.S. Dist. LEXIS 217005, at *13 (E.D. Tex. Dec. 17, 2019) 

(“comparisons between the accused product and commercial embodiments are relevant to . . . 

obviousness and willfulness.”); Network-1 Techs., Inc. v. Alcatel-Lucent USA, Inc., No. 6:11-cv492-RWS-KNM, 2017 U.S. Dist. LEXIS 178477, at *11 (E.D. Tex. Oct. 27, 2017) (finding

commercial embodiments relevant to the teachings of the patent). Further, Request No. 2 is 

directed to any agreements regarding the Asserted Patents, including, licenses, covenants not to 

sue, or any agreement giving Phase One the right to practice the Asserted Patents. Likewise here, 

these documents are relevant to Samsung’s validity, enforceability, and standing defenses and 

alleged damages. See, e.g., Georgia-Pacific Corp., 318 F. Supp. at 1120; United Servs. Auto. 

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Ass’n, No. 2:18-CV-00366-JRG-RSP, 2019 U.S. Dist. LEXIS 217005, at *13; Network-1 Techs., 

Inc., No. 6:11-cv-492-RWS-KNM, 2017 U.S. Dist. LEXIS 178477, at *11. 

In sum, the Requests in the attached Appendix A are targeted to information that is 

believed to reside with Phase One in Denmark, beyond the subpoena power of this Court under 

Rule 45 of the Federal Rules of Civil Procedure. Samsung will not be able to obtain the requested 

discovery by any other process. Thus, Samsung must resort to service in accordance with the 

terms of the Hague Evidence Convention to obtain the discovery it needs to further establish its 

defenses. 

C. The Documents Requested by Samsung Are Exclusively In Phase One’s

Possession, Custody, and Control.

The documents requested by the Letter of Request are exclusively in Phase One’s

possession, custody, and control. 

On information and belief, Defendants believe that 

 Because Phase One’s headquarters 

are in Denmark, Defendants believe that the requested evidence exists, and is maintained by Phase 

One, in Denmark. Defendants are aware of no alternative means to obtain the documents other 

than through Phase One. Defendants requested this evidence from Phase One US via a Rule 45 

subpoena, but Phase One US maintained that this evidence was not within its possession, custody, 

and control.

IV. CONCLUSION

For the foregoing reasons, Samsung respectfully requests that the Court grant the instant

motion so that Samsung may obtain documents that are highly relevant to Samsung’s defenses and 

alleged damages. 

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MOTION FOR LETTER OF REQUEST 

Samsung respectfully requests that the Court execute the Letter of Request attached as 

Appendix A. Samsung further requests that, after the Court has executed the Letter of Request, 

the Clerk of this Court authenticate the Court’s signature under the seal of this Court, and return 

the original signed and sealed executed Letter, as well as two certified copies of the signed and 

sealed executed Letter, to Samsung’s counsel, Kevin Hardy, kevinhardy@quinnemanuel.com, 

Quinn Emanuel Urquhart & Sullivan, LLP, 1300 I Street NW, Suite 900, Washington, D.C. 20005, 

for delivery to the proper authority in Denmark. Upon granting of this motion, Samsung will 

prepare copies of the Letter of Request and related exhibits (with any revisions that may be made 

by the Court) translated into Danish that will be submitted together with the Court’s signed Letter 

of Request. 

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MOTION FOR LETTER OF REQUEST 

Dated: June 18, 2024 Respectfully submitted,

/s/ Kevin Hardy

Victoria F. Maroulis

California Bar No. 202603 (admitted in E.D. Tex.)

victoriamaroulis@quinnemanuel.com

QUINN EMANUEL URQUHART & SULLIVAN, 

LLP

555 Twin Dolphin Drive, 5th Floor

Redwood Shores, CA 94065

Tel: 650-801-5000

Fax: 650-801-5100

Sean Pak

California Bar No. 219032 (pro hac vice)

seanpak@quinnemanuel.com

Iman Lordgooei 

California Bar No. 251320 (admitted in E.D. Tex.)

imanlordgooei@quinnemanuel.com

QUINN EMANUEL URQUHART & SULLIVAN, 

LLP

50 California Street, 22nd Floor

San Francisco, CA 94111

Tel: 415-875-6600

Fax: 415-875-6700

Kevin Hardy

D.C. Bar No. 473941 (admitted in E.D. Tex.)

kevinhardy@quinnemanuel.com

QUINN EMANUEL URQUHART & SULLIVAN,

LLP

1300 I Street, N.W., Suite 900

Washington, DC 20005

Tel: 202.538.8000

Fax: 202.538.8100

Melissa R. Smith

Texas State Bar No. 24001351

melissa@gillamsmithlaw.com

GILLAM & SMITH, LLP

303 South Washington Avenue

Marshall, Texas 75670

Phone: (903) 934-8450

Fax: (903) 934-9257

Counsel for Defendants 

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Samsung Electronics Co., Ltd. and 

Samsung Electronics America, Inc.

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MOTION FOR LETTER OF REQUEST 

CERTIFICATE OF SERVICE

I hereby certify that the foregoing document was electronically filed with the Clerk of Court using 

the CM/ECF filing system, which will generate and send an e-mail notification of said filing to 

all counsel of record, on June 18, 2024.

/s/ Melissa Smith 

Melissa Smith 

CERTIFICATE OF CONFERENCE 

The undersigned certifies that counsel complied with the requirements of Eastern District of Texas 

Local Rule CV-7(h). Cobblestone is unopposed to the relief sought in this motion. 

/s/ Melissa R. Smith

Melissa R. Smith

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