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APPENDIX A: LETTER OF REQUEST 

APPENDIX A

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APPENDIX A: 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

LETTER OF REQUEST: REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE 

PURSUANT TO THE HAGUE CONVENTION OF 18 MARCH 1970 ON THE TAKING 

OF EVIDENCE ABROAD IN CIVIL OR COMMERCIAL MATTERS 

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APPENDIX A: LETTER OF REQUEST 

GREETINGS: 

In conformity with Article 3 of the Hague Convention on the Taking of Evidence Abroad 

in Civil or Commercial Matters (hereinafter referred to as “Hague Convention No. 20”), the 

undersigned applicant has the honor and judicial authority to submit this request on behalf of the 

Defendants in the above-titled action. 

The United States District Court for the Eastern District of Texas presents its compliments 

to the judicial authorities of Denmark and requests international judicial assistance to obtain 

evidence to be used in a civil proceeding before this Court in this action. This Court considers that 

the evidence sought is directly relevant to the issues in dispute. 

In accordance with Article 9 of Hague Convention No. 20, this Court requests the 

assistance of the Courts of Denmark to compel the below-named entity (Phase One A/S) to provide 

the requested documentary evidence (described in Exhibit 1 attached to this Letter) to an 

appropriately designated authority for Denmark for subsequent return to this Court’s authorized 

representative for examination in this case. 

The particulars for this Letter of Request are as follows: 

1. Sender The Honorable Rodney Gilstrap 

United States District Court Judge

United States District Court for the Eastern District of Texas

Sam B. Hall, Jr. Federal Building and United States 

Courthouse

100 East Houston Street

Marshall, Texas 75670

Phone: (903) 935-3868

2. Central Authority of the Requested State Ministry of Justice

Procedural Law Division 

Slotsholmsgade 10

1216 Copenhagen K 

Denmark

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APPENDIX A: LETTER OF REQUEST 

3. Person to whom the executed

request is to be returned

Counsel for Defendants:

Kevin Hardy

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

4. Specification of the date by which the

requesting authority requires receipt of the

response to the Letter of Request

By August 15, 2024.

Reason for urgency: The parties’ deadline for obtaining 

fact discovery in this case is November 22, 2024. 

Defendants respectfully request prompt execution of this 

Request to ensure adequate time in which to obtain 

evidence from Phase One A/S (“Phase One”).

5. a. Requesting Judicial 

Authority (Article 3, a)

The Honorable Rodney Gilstrap 

United States District Court Judge

United States District Court for the Eastern District of Texas

Sam B. Hall, Jr. Federal Building and United States 

Courthouse

100 East Houston Street

Marshall, Texas 75670

Phone: (903) 935-3868

b. To the competent Authority 

of (Article 3, a)

Denmark

c. Names of the case and any 

identifying number

Cobblestone Wireless, LLC, v. Samsung Electronics Co., 

Ltd., and Samsung Electronics America, Inc., Civil 

Action No. 2:23-CV-00285, United District Court for the 

Eastern District of Texas

6. Names and addresses of the parties and their representative (including representatives in the 

requested State) (Article 3, b)

a. Plaintiff Cobblestone Wireless, LLC (“Cobblestone”)

Representatives Cobblestone is represented by:

Reza Mirzaie

California Bar No. 246953

Marc A. Fenster

California Bar No. 181067

Neil A. Rubin

California Bar No. 250761

Christian W. Conkle

California Bar No. 306374

Jonathan Ma

California Bar No. 312773

RUSS AUGUST & KABAT

12424 Wilshire Boulevard, 12th Floor

Los Angeles, CA 90025

Telephone: 310-826-7474

Email: rmirzaie@raklaw.com

Email: mfenster@raklaw.com

Email: nrubin@raklaw.com

Email: cconkle@raklaw.com

Email: jma@raklaw.com

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APPENDIX A: LETTER OF REQUEST 

b. Defendants Samsung Electronics Co., Ltd., and Samsung Electronics 

America, Inc. (collectively, “Samsung”)

Representatives Samsung is represented by:

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

DC 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 Bar No. 24001351 

melissa@gillamsmithlaw.com 

GILLAM & SMITH, LLP

303 South Washington Avenue 

Marshall, Texas 75670

Tel: 903-934-8450

Fax: 903-934-9257

7. a. Nature of the 

proceedings (divorce, 

paternity, breach of 

contract, product 

liability, etc.) (Article 3, 

a)

This is a civil action alleging patent infringement under the 

patent laws of the United States.

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APPENDIX A: LETTER OF REQUEST 

b. Summary of complaint Cobblestone alleges that Samsung infringes United 

States Patent Nos. 7,924,802, 8,554,196, 8,891,347, 

9,094,888, and 10,368,361 (collectively, the 

“Asserted Patents”) which relate to wireless mobile 

communications. 

Cobblestone is seeking damages from Samsung for alleged 

infringement of the Asserted

Patents.

c. Summary of defense and 

counterclaim

Samsung filed an answer on October 10, 2023. 

In its Answer, Samsung asserted, inter alia, that it does not 

infringe any of the claims of the Asserted Patents and that the 

claims of the Asserted Patents are invalid and unenforceable 

under at least 35 U.S.C. §§ 101, 102, 103, 112, and 116 . 

Samsung also asserted defenses pursuant to prosecution 

history estoppel, damages and cost limitation under 35 

U.S.C. §§ 286, 287, and/or 288, actions of others, 

government sales under 28 U.S.C. § 1498, patent exhaustion 

and/or license, implied license, waiver, implied waiver, 

standing, acquiescence, equitable estoppel, and unclean 

hands. 

d. Other necessary 

information or 

documents

Phase One’s current address is: 

Phase One A/S

Roskildevej 39, 

2000 Frederiksberg,

Denmark

8. a. Evidence to be obtained or 

other judicial act to be 

performed (Article 3, d)

With respect to the Asserted Patents, Phase One has 

documents relevant to Samsung’s defenses, including:

Request No. 1 is directed to the 

concerning one or more of the 

Asserted Patents, which is relevant to Samsung’s defenses 

and to Cobblestone’s alleged damages. 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, which are likewise relevant to Samsung’s 

defenses and to Cobblestone’s alleged damages.

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APPENDIX A: LETTER OF REQUEST 

Attached as Exhibit 1 are the above-referenced Requests 

for Production of certain documents that Samsung 

understands to be in the possession, custody, or control of 

Phase One. 

Samsung has no recourse to seek this information

other than to enlist the aid of this Authority through the 

Hague Convention.

9. Identity and address of any person 

to be examined (Article 3, e)

None

10. Questions to be put to the persons to 

be examined or statement of the 

subject matter about which they are to 

be examined (Article 3, f)

N/A.

11. Documents or other property to be 

inspected (Article 3, g)

See Exhibit 1, attached.

12. Any requirement that the evidence be 

given on oath or affirmation and any 

special form to be used (Article 3, h)

Not applicable.

13. Special methods or procedure to be 

followed (e.g., oral or in writing, 

verbatim, transcript or summary, 

cross- examination, etc.) (Article 3, 

i) and 9)

This Court respectfully requests that Phase One be directed 

to produce the documents identified in the attached Exhibit 1.

It is requested that should any portion of this request 

be denied, on legal grounds, that such denial not affect 

the remainder of this request. 

In accordance with Article 13 of Hague Convention No. 

20, it is further requested that this Court, and Samsung’s 

counsel (named in item 6.b. above), be immediately 

informed of any such refusal and the associated legal 

grounds.

It is requested that any documents produced be properly 

sealed and authenticated by the appropriate authority for, 

and in accordance with the laws of Denmark.

14. Request for notification of the time 

and place for the execution of the 

Request and identity and address of 

any person to be notified (Article 7)

This Court respectfully requests that you notify this Court; 

the representatives of the parties as indicated above; the 

witness from whom evidence is requested as indicated above; 

and such person(s) that you deem proper.

15. Request for attendance or 

participation of judicial personnel of 

the requesting authority at the 

execution of the Letter of Request 

(Article 8)

No judicial personnel of the requesting authority will attend 

or participate.

16. Specification of privilege or duty to 

refuse to give evidence under the 

law of the State of origin (Article 

11, b)

Samsung believes that Phase One does not benefit from any 

privilege for the requested documents, and does not endorse 

the assertion of any such privilege or duty.

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APPENDIX A: LETTER OF REQUEST 

17. The fees and costs incurred which are 

reimbursable under the second 

paragraph of Article 14 or under 

Article 26 of the Convention

will be borne by:

Samsung will bear the reimbursable costs associated with 

this request in accordance with the provisions of the Hague 

Convention.

In the spirit of comity and reciprocity, this Court hereby requests international judicial 

assistance in the form of this Letter of Request. 

The below-signed judicial authority expresses its sincere willingness to provide reciprocal 

assistance, such as requested herein, to the appropriate judicial authorities of Denmark as future 

circumstances may require. 

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APPENDIX A: LETTER OF REQUEST 

SIGNATURE AND SEAL OF THE REQUESTING AUTHORITY 

Dated: ___________________, 2024 

HONORABLE RODNEY GILSTRAP 

UNITED STATES DISTRICT JUDGE

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EXHIBIT 1: DOCUMENT REQUESTS 

EXHIBIT 1 

DEFINITIONS 

Unless specifically indicated, or otherwise required by the context in which the terms and 

names are used, the following definitions are applicable herein, regardless of whether upper or 

lower case letters are used: 

1. “You,” “Your” and “Phase One” means Phase One A/S, including without

limitation all predecessors, successors, wholly or partially owned subsidiaries, parent companies, 

or affiliates; and all past or present agents, representatives, partners, employees, directors, officers, 

consultants, attorneys, or entities acting in joint-venture or partnership relations with Phase One 

A/S. 

2. “’802 Patent” means United States Patent No. 7,924,802.

3. “’196 Patent” means United States Patent No. 8,554,196.

4. “’347 Patent” means United States Patent No. 8,891,347.

5. “’888 Patent” means United States Patent No. 9,094,888.

6. “’361 Patent” means United States Patent No. 10,368,361.

7. The “Asserted Patents” or “patents-in-suit” shall mean, collectively, the ’802

Patent, the ’196 Patent, the ’347 Patent, the ’888 Patent, and the ’361 Patent. 

8. The term “communication” or “communications” refers to the transmittal of

documents or information by any medium, including but not limited to mail, electronic mail 

(“email”), facsimile, and messages.

9. The term “document” shall include, but not be limited to, any and all documents,

electronically stored information, communications, and/or tangible things, including writings, 

drawings, graphs, charts, photographs, videos, sound recordings, images, data, and data 

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EXHIBIT 1: DOCUMENT REQUESTS 

compilations, stored in any medium from which information can be obtained. The term 

“document” shall include not only originals but also any drafts, copies, reproductions, and portions 

of any document. 

10. References to any entity shall include, in addition to the entity, any officer, director,

employee, partner, corporate parent, subsidiary, affiliate, agent, representative, attorney, or 

principal thereof. 

11. “Including” shall not be construed as limiting in any respect and shall mean the

same as “including, but not limited to.”

12. The use of the singular form of any word includes the plural, and the use of the

plural form of any word includes the singular. 

13. The terms “and” and “or” shall be construed either disjunctively or conjunctively

as necessary to bring within the scope of these Requests all responses that might otherwise be 

construed to be outside their scope. 

14. The terms “any” and “all” shall be construed as “any and all.”

15. The singular form of any word shall be construed to include the plural, and the

plural form of any word shall be construed to include the singular. 

16. The past tense of a verb used herein includes the present tense, and the present tense

includes the past tense. 

DOCUMENTS AND INFORMATION REQUESTED FROM PHASE ONE A/S 

REQUEST NO. 1: 

The , concerning one or more of 

the Asserted Patents.

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EXHIBIT 1: DOCUMENT REQUESTS 

REQUEST NO. 2: 

Any agreement to which you are or were a party concerning the one or more of the Asserted 

Patents, including, but not limited to, all licenses, covenants not to sue, or any other agreement 

giving you any rights to practice the Asserted Patents, and all documents and communications 

regarding the negotiations of any such agreement.

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