EXHIBIT A

Case 2:23-cv-00285-JRG-RSP Document 52-1 Filed 04/30/24 Page 1 of 2 PageID #: 870
Subject: Subject: RE: Cobblestone v. Samsung

Date: Date: Wednesday, March 13, 2024 at 2:19:40PM Central Daylight Time

From: From: Olga Slobodyanyuk

To: To: ptong@raklaw.com, Jon Ma

CC: CC: Brice Lynch, rak_cobblestone@raklaw.com, QE-Cobblestone-Samsung, Melissa Smith

Peter,

At the moment, technical specifica3ons related to chipsets and source code are withheld pursuant to

MOTIE approval, which is in progress. For your informa3on, MOTIE refers to the Act on Preven3on and

Divulgence and Protec3on of Industrial Technology, rela3ng to na3onal core technology (“Industrial

Technology Act” or “ITA”), as determined by the Korean Ministry of Trade, Industry and Energy

(“MOTIE”) under the Government of South Korea. At a high-level, the relevant por3on of the Industrial

Technology Act requires that any expert of a na3onal core technology abroad requires prior approval

from the MOTIE Minister. The Minister is empowered to form an Industrial Technology Protec3on

CommiOee, which meets on a semi-regular basis to review applica3ons under the Industrial Technology

Act. Design technology for LTE/LTE_adv/5G measuring devices is included among na3onal core

technologies. The penalty for viola3ng the Industrial Technology Act could up to imprisonment for no

more than 15 years or a fine of up to around $1.1 million. SEC does not, and cannot, control when the

Industrial Technology Protec3on CommiOee meets and issues decisions. You can find a transla3on of the

Industrial Technology Act here and the original here. 

To clarify your statement, SEC is not, and has not, refused to produce any documents which fall under

the provisions of the Industrial Technology Act. SEC will produce those documents as soon as it receives

the required government approval. Industrial Technology Act compliance regularly takes SEC

considerable 3me and expense when SEC technology is at issue in U.S. li3ga3on, as noted in connec3on

with other cases. See, e.g., In the MaOer of Certain Integrated Cirs., Mobile Devices Containing the

Same, & Components Thereof Ord. No. 11: Gran3ng in-Part Joint Mo3on to Amend the Procedural

Schedule Doc. Id No. 787064?, USITC Inv. No. 337-TA-1335 (Jan. 11, 2023) (no3ng “delay in Samsung’s

ability to produce certain materials subject to the restric3ons imposed by the Korean Ministry of

Technology, Industry and Energy (‘MOTIE’).”); In the MaOer of Certain Organic Light-Emiing Diode

Display Modules & Components Thereof Ord. No. 7: Adopted Procedural Schedule, USITC Inv. No. 337-

TA-1378 (Jan. 8, 2024) (discussing “delays associated with obtaining approval for discovery, as many [sic]

be required, from the Korean Ministry of Trade, Industry, and Energy (‘MOTIE’)”). 

SEA and SEC are con3nuing to collect and produce documents, but we do not believe that, aside from

the technical specifica3ons related to chipsets and source code, there are any other P.R. 3-4 documents

which fall under ITA review.

We’re con3nuing to collect BuilIDs and will provide that informa3on shortly.

Thank you,

Olga

Case 2:23-cv-00285-JRG-RSP Document 52-1 Filed 04/30/24 Page 2 of 2 PageID #: 871