In February of this year, Ericsson filed nine patent infringement lawsuits against Apple. Today it's being revealed by court sources that Ericsson has filed two motions in respect to their patent infringement lawsuits against Apple Inc. Both motions are in the form of "Letter Rogatory," which are formal requests from a court to a foreign court for some type of judicial assistance. The most common remedies sought by Letters Rogatory are service of process and taking of evidence, as is the case today. Ericsson is seeking discovery with two of Apple's battery suppliers (in China and Taiwan) to further their case against Apple.

Motion of Ericcson Inc. and Telefonaktiebolaget LM Ericsson for the Issuance of Letter Rogatory

The motion reads as follows: "Petitioners Ericsson Inc. and Telefonaktiebolaget LM Ericsson (collectively, "Ericsson''), Complainants in Certah1 Electronic Devices, Including Wireless Communication Devices, Computers, Tablet Computers, Digital Media Players, and Cameras, Investigation No. 337-TA- 952 before the U.S. International Trade Commission ("ITC"), hereby move for the Court to issue, under its seal and signature, the attached Letter of Request on behalf of Ericsson to obtain documents and deposition testimony from the following foreign third party:

Shenzhen Desay Battery Technology Co., Ltd. ("Desay'')

26/F, Desay Tech. Bldg., 1st Gaoxi n South Rd., High-Tech Industry Shenzhen, Guangdong 518057

People's Republic of China

Ericsson moved in the ITC for the Administrative Law Judge to recommend that this Court issue the Letter of Request on behalf of Ericsson to obtain discovery from Desay on May 29, 2015. Ericsson seeks foreign discovery from Desay because Desay likely possesses documents relevant to this Investigation. Publicly available documents show that Desay may manufacture components of products accused of infringing the patents-in-suit in this Investigation.

More specifically, Desay likely possesses information relevant to the battery packs in certain accused products. Further, publicly available documents show that Desay may manufacture components of products for certain of Ericsson's licensees, which support Ericsson 's domestic industry allegations in this Investigation, as enumerated in 19 U.S.C. §§ 1337(a)(2) and (a)(3). Administrative Law Judge David P. Shaw granted Ericsson 's motion on June 1] , 201 5, recommending that the United States Court for the District of Columbia issue the Letter of Request.

For the reasons set forth more fully in the accompanying memorandum, Ericsson respectfully requests that the Court assign a Judge to this matter and expedite the issuance of the attached Letter of Request to Shenzhen Desay Battery Technology Co., Ltd."

The second Letter Rogatory is addressed to:

Simplo Technology Co., Ltd.

No. 47 I , Sec. 2, Pa Teh Rd.

Hukou Township

Hsinchu County 303, Taiwan (R.O.C.)

The motion reads as follows: "Ericsson moved in the ITC for the Administrative Law Judge to recommend that this Court issue the Letter Rogatory on behalf of Ericsson to obtain discovery from Simplo on May 29, 2015. Ericsson seeks foreign discovery from Simplo because Simplo likely possesses documents relevant to the pending Investigation before the ITC. Publicly available documents show that Simplo may manufacture components of products accused of infringing the patents-in- suit in this Investigation. More specifically, Simplo likely possesses information relevant to the battery packs in certain accused products. Further, publicly available documents show that Simplo may manufacture components of products for certain of Ericsson's licensees, which support Ericsson's domestic industry allegations in this Investigation, as enumerated in 19 U.S.C. §§ 1337(a)(2) and (a)(3). Administrative Law Judge David P. Shaw granted Ericsson 's motion on June 11, 2015, recommending that the United States Court for the District of Columbia issue the Letter Rogatory.

For the reasons set forth more fully in the accompanying memorandum, Ericsson respectfully requests that the Court assign a Judge to this matter and expedite the issuance of the attached Letter Rogatory to Simplo Technology Co., Ltd."

The motions were filed in the District Court of Columbia (Washington D.C.) on June 29, 2015. The judge in the case is Judge Rudolph Contreras.

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