Exhibit D Thorugh K Motorola Dodging TiVos Phone Calls

EXHIBIT D
Case 2:11-mc-00201-LDD Document 1-3 Filed 07/22/11 Page 1 of 27

[OlA'\PER
April 25, 2011
VIA EMArL
Ms. Laure-n J. Galgano
Robins. t<ap/an. M el & Clre$i, LLP.
2BOO LaSalle Plaza
BOO LaSalle Ave.
Minneapoll$, MN 55402
tiLt. PIpe: lU' lliI8l
401 COng .s """""e, S 2SOD
T/f.{8S 7Il7DH!7'i1!9
\'IWW.d P90t.<lO
BRan K. EI1cksDI1

T
F 512,nl,22e3
Re: C-. No, 2:09-CV-257-DF; TIVo Inc. Y. V...izon Communications Inc" S\lbp_na to
Motorola ability, Inc.
Dear Lauren:
write in response to your letter of April 15t
Document P,r.oductkm:
Motorola has prodlJoed the S[)urce code for th.e al PdeI/lOllS. which Issulfident to show the
functionalitY of those devices. Ac(l(llngty, Motorola C(lnsiders iI5 produclton of technical
documents ,complete.
Nevertheless, Motorola '11'1 look to( tt'le dODUrroents mentio in your lette'r and. S\lbtect to a d
witllcJu\ wElilling tt'le qer'lefal and specific objections in Motorola's response 10 TlVo's subpoena,
produce them as appropriate. It should Ile noted t !I1e Iltles of sellBral or these documents
indicate U1ey probably are not relevanllo tt'le alP devices. e.g., documents regarding tile
BCM7030 that IsflOt in any alP device.
WLlh respect to documertts retated to OCT de ees, _ were dear prior to Iheir production
that they canr'lot be fe.led upon 10 showthe functionality of alP deviceS. The.se OCT
dowments were prodUced as II COUrle5y arld In respon&e to TlVo's $pecific request that
Motorola produCe eny such documen s to aid ,o's revlew of the relevan alP source code,
Now that the alP l>Ource code has been produced and reviewed by T.Vos expe $, if TIVo has
no fLll1tler need Of Ihese DC documents, I shQutd rerum them to Motorola or destroy them
pUf'$uant to Ihe protective order.
Source Cod! Ptoduetlon:
Months ago \WI discussed that there had been mUltiple versions 0 so1'lWare used on alP
devices in the past. but !hat Motorola would prodl.Jce only the two vel$ioM of software cUTflmlly
deployed on QIP prOducts, Wt1\le not d]spos lve of Ihls iSSLJe, Motorola underatanda that
production was cons.istent wiltll.t1e productions of Ihe parties in lhe litigation. Aooordcngly,
Mot[)rola co ide' its prodtJOllOI'I complete. If TlVo had wanted other versions of S[)urce code,
have brought thl$ u;p in our prior discullIions.
Ms. l.auVll.n J.
April 25, 2011

RegllFding Ihe ElGM3,250, we hllVe 'Gorllfirmed Ihllt Motorola does not have any sOlJl'Oecode for
ElllY software f\,mningon toot et\ip.
Regardi"Q Microsoft, we Illa\ieconliJmed that Motorola does not have a: y source code tor Ifle
IC!'0601l ref,rrecl to 11'1 the d'OCUl'net1t cit i- your letter.
'Cuelll,jQI!l of SOlll'lOe COde iReYJllW
n.aJly, il has been over one mo til since IIVOlast inspooled SOIlJOEl cede.
Aceordll'lgly. we assume thMnvo's review of 'Motorola", 'source code Is complete, anel we plan
tosllourtl thAt source COM and repurpoSll Ihe computer and pillllonl'l8l supportillg Ute review no
laleHtlan 1st.
-
Bnan K, Efickson
Sh'lOOrell'.
DL:;(lIPpe p:rr LLP (US_).,....,._

- . , .... -
Ottley, Sandra K.
From: Erickson, Brian [Brian.Erickson@dlapiper.com]
Sent: Monday, April 25, 2011 4:40 PM
To: Galgano, Lauren J.
Cc: Zimmerman, Lila M.; Ottley, Sandra K.
Subject: RE: TiVo's subpoena to Motorola, TiVo v. Verizon, Case No. 2:09-cv-257 (E.D. Tex.)
Attachments: Tivo-MMI - 4-25-11 Erickson ltr to Galgano.pdf
Page 1 of 2
4/28/2011
Dear Lauren,

Please see the attached.

Regards,
Brian

Fr om: Galgano, Lauren J. [ mailt o: LJGalgano@rkmc.com]
Sent : Friday, April 15, 2011 4: 45 PM
To: Erickson, Brian
Cc: Zimmerman, Lila M.; Ot t ley, Sandra K.
Subj ect : TiVo's subpoena t o Mot orola, TiVo v. Verizon, Case No. 2: 09-cv-257 ( E.D. Tex.)

Dear Brian,

Please see the attached correspondence regarding Motorola's document and source code production.

Best Regards,

Lauren

Lauren J. Galgano
Attorney
Robins, Kaplan, Miller & Ciresi L.L.P.
2800 LaSalle Plaza
800 LaSalle Avenue
Minneapolis, MN 55402

(612) 349-8405
____________________________________________________

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Page 2 of 2
4/28/2011
EXHIBIT E
2800 LASALLE PLAZA
800 LASALLE AVENUE
MINNEAPOLIS, MN 55402-2015
TEL: 612-349-8500 FAX: 612-339-4181
www.rkrnc.com
ROBINS, KAPLAN, MILLER & CIRESI
L L P
ATTORNEYS AT LAW
PETER M. ROUTHIER
612-349-8286
June 20, 2011
VIA EMAIL
Brian Erickson
DLA Piper LLP
401 Congres, Suite 2500
Austin, TX 78701
Re: TiVo Inc. V. Verizon et al.
Dear Brian:
This letter memorializes the meet and confer we had today.
You told us that Motorola should be able to produce all the documents and
source code we previously discussed by the end of next week: July 1. Meanwhile, you
agreed to compile a final list of the versions of source code Motorola will be producing
and to send that list to us tomorrow. You also agreed to seek permission from
Broadcom for the production of its source code and to let us know when Broadcom had
given its consent.
Finally, you told us that you still did not know whether or how Motorola might
seek additional protections beyond the existing protective order in this case. You also
did not know what additional protections Motorola was considering. We told you that
we don't want to be in a position where you are putting unreasonable restrictions on us
as we get closer to Motorola's production and that we wanted to talk about any
concerns Motorola has right away. You explained that if we didn't hear from you then
Motorola would produce without any additional restrictions.
Sincerely,
ROBJ.I, KAPLAN, MILLER & CIRESI L.L.P.
Peter M. Routhier
ATL ANT A -BOSTONLOS ANGELES MINNEAPOLIS NAPLESNEW YORK

EXHIBIT F
RECNkb)

DLA Piper LLP (US)
401 Congress Avenue, Suite 2500
Austin, Texas 78701-3799
www.dlapiper.com
Brian K. Erickson
brian.erickson@dlapiper.com
T 512.457.7059
F 512.721.2263
R O B I N S , KAPLAN , M I LLE R &
CIRESI L.L.R
DATE 7-- / /
B Y

July 1, 2011
VIA OVERNIGHT MAIL
Ms. Lauren J. Galgano
Robins, Kaplan, Miller & Ciresi, L.L.P.
2800 LaSalle Plaza
800 LaSalle Ave.
(612) 349-8500
Re: Case No. 2:09-CV-257-DF; TiVo Inc. v. Verizon Communications Inc., Subpoena to
Motorola Mobility, Inc.
Dear Lauren:
Enclosed is a CD containing Motorola Mobility Inc.'s document production, Bates N os.
MMI0006584 through MMI0010020.
With respect to source code, Motorola has identified 29 additional versions of software that may
have been deployed by Verizon. Motorola is prepared to produce all 29 versions for TiVo's inspection on
the source code review computer in our Boston office. However, we are informed that the parties in the
litigation may agree to treat a small handful of software versions as representative. Thus, we believe it is
premature to produce those 29 versions now. Please let us know if TiVo disagrees.
As with the previous production, this production is made pursuant to the agreement by TiVo and
Verizon, memorialized in your letter dated December 3, 2010, that disclosure of Motorola's confidential
information will be limited to outside-counsels' eyes only. I.e., TiVo and Verizon agree that Motorola's
confidential information will only be disclosed to those persons described in paragraphs 6(a) to 6(d) of the
Joint Stipulation and Protective Order dated July 30, 2010 and will not be disclosed to those persons
described in paragraphs 6(e) and/or 6(f) of that Order. If either party disputes that agreement, they
should notify me immediately and return the documents so that Motorola may seek a further protective
order from the Court.
Further, as we have discussed, Motorola Mobility is going to seek additional protections for its
confidential information from the parties and, if necessary, the Court, in light of TiVo's failure to properly
protect Motorola Mobility's confidential information under the current protective order.
Please let me know if you have any questions.
Very truly yours,
Brian K. Erickson
DLA Piper LLP (US)
Encl.
WEST1223834751.1
EXHIBIT G
Routhier, Peter M.
From: Routhier, Peter M.
Sent: Thursday, June 16, 2011 1:41 PM
To: 'Erickson, Brian'
Cc: Collyard, Michael A.
Subject: RE: TiVo v. Verizon-MMI subpoena
Page 1 of 3
7/18/2011
Brian,

We waited over twenty minutes for you but you never called in to our scheduled meet and confer. I called and
emailed you during the scheduled time but have received no response.

We really need to speak with Motorola's counsel today about these matters. We can make ourselves available for
the rest of the day except for 3-4pm central. Please email us right away and let us know.

Sincerely,

Peter M. Routhier
Attorney
2800 LaSalle Plaza
800 LaSalle Avenue
Direct: (612) 349-8268

Fr om: Rout hier, Pet er M.
Sent : Thursday, June 16, 2011 1: 09 PM
Subj ect : RE: TiVo v. Verizon-MMI subpoena

Hi Brian,

Will you be joining us this afternoon?

Thanks,

Peter

Sent : Wednesday, June 15, 2011 9: 13 AM

Brian,

Yes, 1pm Central on Thursday is fine. Let's use this call in information: 877-260-4544, participant
code 6123490975.
Thanks,
Peter

Fr om: Erickson, Brian [ mailt o: Brian.Erickson@dlapiper.com]
Sent : Tuesday, June 14, 2011 6: 03 PM
To: Rout hier, Pet er M.

Peter,
Does 1pm Central Thursday work for you?
Brian

Fr om: Rout hier, Pet er M. [ mailt o: PMRout hier@rkmc.com]
Sent : Tuesday, June 14, 2011 4: 11 PM
To: Erickson, Brian

Brian,

I sent you an email yesterday asking if you would be available to talk today about the
outstanding issues on the Motorola subpoena. I followed up on that email with a
voicemail this morning but you haven't responded. Motorola has had a couple of
weeks now to look into these issues and many months to respond to TiVo's
subpoena. As I've explained in my emails and messages, timing is extremely important
right now. Can you please let me know if you can be available to meet and confer
tomorrow morning on these outstanding issues. If you can't, please let me know if any
time on Thursday works for you. Either way, please give me the courtesy of a
response.

I would also like some clarification from Motorola now that you've had a chance to
review the list of deployed versions provided by Verizon. I sent you a copy of that list
yesterday. You'll notice that the versions of firmware that Motorola has produced to
TiVoDel Mar 23.54A and 23.54Bare not on that list. You previously told us that
those were the versions currently in use on Verizon's QIP products. Can
you confirm whether the source code Motorola has made available to TiVo to date
does in fact represent what is currently in use on Verizon's QIP products?

I don't mean to continue to bother you, but you surely understand the importance of
these issues. I look forward to hearing from you.

Sincerely,

Peter M. Routhier
Attorney
2800 LaSalle Plaza
800 LaSalle Avenue
Direct: (612) 349-8268

Page 2 of 3
7/18/2011

Sent : Thursday, June 09, 2011 4: 29 PM
Subj ect : RE: TiVo v. VerizonMMI subpoena

Brian,

We understand that you have been working with Verizon to identify the
deployed versions of Motorola software that we talked about. As you probably
know, Verizon is amending its response to an interrogatory on this and is going
to send it to us tomorrow. They gave us permission to share this information
with you so we'll do that right away when we get it.

We'd like to set up a time to talk with you on Monday so we can move the ball
forward on Motorola's production. You should have all the information you need
by that time. Please let us know if you can be available to talk at 9:30 AM CST
or 3:30PM CST.

Sincerely,

Peter M. Routhier
Attorney
2800 LaSalle Plaza
800 LaSalle Avenue
Direct: (612) 349-8268

Page 3 of 3
7/18/2011
EXHIBIT H
Routhier, Peter M.
From: Galgano, Lauren J.
Sent: Tuesday, July 05, 2011 5:26 PM
Cc: Collyard, Michael A.; Specht, Brock J.; Routhier, Peter M.; Felkins, Julie B.; Zimmerman, Lila M.
Subject: TiVo v. Verizon - TiVo's Subpoena served on Motorola
Page 1 of 1
7/21/2011
Dear Brian,

We received Motorola's production of additional documents today. We'll take a look at these
documents and let you know if we see any issues that require follow up.

Regarding the source code versions, thank you for confirming that as many as 29 additional
versions of potentially responsive code exist. I understand that you had agreed to provide my
colleague Peter Routhier a list of these versions. Please do so right away.

In terms of the code production, we disagree that it is premature for Motorola to produce the
additional versions of code now. We have been asking for this code for many months, and we
cannot delay any longer.

You are correct that we have considered the possibility of designating representative software
versions. We did so at your suggestion--in your letters of April 25 and May 6 youtold us that
the code Motorola had already produced was sufficient to show the functionality of all of the
accused QIP products, and on the June 16 meet and confer you reiterated this point and
suggested a stipulation to that effect.We agree that a stipulation of this type could save a lot of
work and expense for everyone involved. IfMotorolais willing to enter into a written
agreement thattheDelMar 23.54A and 23.54B software versions are representative ofall of the
deployed versions ofsoftware provided to Verizon for purposes of the current lawsuit
betweenTiVo and Verizon, please let us know right away. We are available tomorrow
morning if you would like to schedule a brief call to follow up on this.

In any event, we have been waiting for many months now to obtain the additional versions of
source code, and we need either the code or a written agreement regarding representative
versions by the end of this week.

Kind Regards,

Lauren

Lauren J. Galgano
Attorney
800 LaSalle Avenue | 2800 LaSalle Plaza | Minneapolis,MN 55402
Direct: 612.349.8405 | Fax: 612.339.4181
LJGalgano@rkmc.com | www.rkmc.com

EXHIBIT I
Routhier, Peter M.
Sent: Thursday, July 07, 2011 8:40 PM
Cc: Collyard, Michael A.; Galgano, Lauren J.
Subject: RE: TiVo v. Verizon - TiVo's Subpoena served on Motorola
Page 1 of 2
7/21/2011
Brian,
We haven't heard back from you. We keep asking you to respond but you don't. We really want to work with you
but we can't if you won't be responsive. Please let us know if you'd like to talk about a stipulation. If you're not
willing to do so at this time then we need you to produce the source code for the deployed versions immediately.
If we don't hear from you tomorrow like we requested, we'll have no choice but to file our motion.
Sincerely,

Peter Routhier
Attorney
Direct: (612) 349-8268

Fr om: Galgano, Lauren J.
Sent : Tuesday, July 05, 2011 5: 26 PM
Cc: Collyard, Michael A.; Specht , Brock J.; Rout hier, Pet er M.; Felkins, Julie B.; Zimmerman, Lila M.
Subj ect : TiVo v. Verizon - TiVo's Subpoena served on Mot orola

Dear Brian,

We received Motorola's production of additional documents today. We'll take a look at
these documents and let you know if we see any issues that require follow up.

Regarding the source code versions, thank you for confirming that as many as 29
additional versions of potentially responsive code exist. I understand that you had
agreed to provide my colleague Peter Routhier a list of these versions. Please do so right
away.

In terms of the code production, we disagree that it is premature for Motorola to produce
the additional versions of code now. We have been asking for this code for many
months, and we cannot delay any longer.

You are correct that we have considered the possibility of designating representative
software versions. We did so at your suggestion--in your letters of April 25 and May 6
youtold us that the code Motorola had already produced was sufficient to show the
functionality of all of the accused QIP products, and on the June 16 meet and confer you
reiterated this point and suggested a stipulation to that effect.We agree that a stipulation
of this type could save a lot of work and expense for everyone involved. IfMotorolais
willing to enter into a written agreement thattheDelMar 23.54A and 23.54B software
versions are representative ofall of the deployed versions ofsoftware provided to
Verizon for purposes of the current lawsuit betweenTiVo and Verizon, please let us
know right away. We are available tomorrow morning if you would like to schedule a
brief call to follow up on this.

In any event, we have been waiting for many months now to obtain the additional
versions of source code, and we need either the code or a written agreement regarding
representative versions by the end of this week.

Kind Regards,

Lauren

Lauren J. Galgano
Attorney
Direct: 612.349.8405 | Fax: 612.339.4181

Page 2 of 2
7/21/2011
EXHIBIT J
Routhier, Peter M.
From: Erickson, Brian [Brian.Erickson@dlapiper.com]
Sent: Monday, July 11, 2011 1:02 AM
To: Routhier, Peter M.
Subject: RE: TiVo v. Verizon - TiVo's Subpoena served on Motorola
Page 1 of 3
7/21/2011
Peter,

My letters of April 25 and May 6 stated that the code already produced was, in fact, the source code for all of the
Motorola software on all of the deployed DVRs. TiVo's more recent request for source code for historical releases
of software that are not deployed on any DVR is a different issue. Motorola is not a party to the litigation between
TiVo and Verizon and, therefore, lacks the ability to enter into any representative product agreement. Motorola
has repeatedly requested that the parties enter into such an agreement between themselves for purposes of their
litigation to reduce the burdens on each other, the Court, and third parties such as Motorola, but those efforts
have so far proved fruitless.

Accordingly, please let me know whether the parties will agree on a subset of code and Motorola will produce that
subset. Obviously, Motorola would not be pleased to produce all of its source code, only to learn that the parties
then reach an agreement that some subset of code is representative. In case that occurs, Motorola reserves its
right to seek compensation from TiVo for Motorola's expenses in needlessly retrieving, reviewing, and producing
code, particularly archived code.

A review of the Court's scheduling order reveals that discovery will not close for several months after the claim
construction order, which has not issued yet. Moreover, TiVo has failed to update its infringement contentions
since Motorola's production of source code for all deployed DVRs in early March, implying that Motorola's code is
not relevant to TiVo's infringement contentions. Accordingly, there does not appear to be any need in the short
term for a premature production of additional source code.

Finally, I'm not sure what you mean by "our motion". If you would like to meet and confer regarding a motion,
please let me know.

Regards,
Brian

Fr om: Rout hier, Pet er M. [ mailt o: PMRout hier@rkmc.om]
Sent : Thursday, July 07, 2011 8: 40 PM
To: Erickson, Brian
Subj ect : RE: TiVo v. Verizon - TiVo's Subpoena served on Mot orola

Brian,
We haven't heard back from you. We keep asking you to respond but you don't. We really want to work
with you but we can't if you won't be responsive. Please let us know if you'd like to talk about a stipulation.
If you're not willing to do so at this time then we need you to produce the source code for the deployed
versions immediately.
If we don't hear from you tomorrow like we requested, we'll have no choice but to file our motion.
Sincerely,

Peter Routhier
Attorney
Direct: (612) 349-8268

Cc: Collyard, Michael A.; Specht , Brock J.; Rout hier, Pet er M.; Felkins, Julie B.; Zimmerman, Lila M.

Dear Brian,

We received Motorola's production of additional documents today. We'll take a
look at these documents and let you know if we see any issues that require follow
up.

Regarding the source code versions, thank you for confirming that as many as 29
additional versions of potentially responsive code exist. I understand that you had
agreed to provide my colleague Peter Routhier a list of these versions. Please do so
right away.

In terms of the code production, we disagree that it is premature for Motorola to
produce the additional versions of code now. We have been asking for this code for
many months, and we cannot delay any longer.

You are correct that we have considered the possibility of designating
representative software versions. We did so at your suggestion--in your letters of
April 25 and May 6 youtold us that the code Motorola had already produced was
sufficient to show the functionality of all of the accused QIP products, and on the
June 16 meet and confer you reiterated this point and suggested a stipulation to
that effect.We agree that a stipulation of this type could save a lot of work and
expense for everyone involved. IfMotorolais willing to enter into a written
agreement thattheDelMar 23.54A and 23.54B software versions are representative
ofall of the deployed versions ofsoftware provided to Verizon for purposes of the
current lawsuit betweenTiVo and Verizon, please let us know right away. We are
available tomorrow morning if you would like to schedule a brief call to follow up
on this.

In any event, we have been waiting for many months now to obtain the additional
versions of source code, and we need either the code or a written agreement
regarding representative versions by the end of this week.

Kind Regards,

Lauren

Page 2 of 3
7/21/2011
Lauren J. Galgano
Attorney
Direct: 612.349.8405 | Fax: 612.339.4181

____________________________________________________

Information contained in this e-mail transmission may be privileged, confidential and covered by
the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521.
If you are not the intended recipient, do not read, distribute, or reproduce this transmission.
If you have received this e-mail transmission in error, please notify us immediately of the error by
return email and please delete the message from your system.
Pursuant to requirements related to practice before the U. S. Internal Revenue Service, any tax
advice contained in this communication (including any attachments) is not intended to be used,
and cannot be used, for purposes of (i) avoiding penalties imposed under the U. S. Internal
Revenue Code or (ii) promoting, marketing or recommending to another person any tax-related
matter.
http://www.rkmc.com
____________________________________________________

The informat ion cont ained in t his email may be confident ial and/ or legally privileged. I t has been sent for t he sole use of t he
int ended recipient ( s) . I f t he reader of t his message is not an int ended recipient , you ar e her eby not ified t hat any unaut hor ized
review, use, disclosure, disseminat ion, dist r ibut ion, or copying of t his communicat ion, or any of it s cont ent s, is st r ict ly prohibit ed. I f
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Page 3 of 3
7/21/2011
EXHIBIT K
Routhier, Peter M.
Sent: Friday, July 15, 2011 7:01 PM
Subject: TiVo v. Verizon - Motion to Compel
Page 1 of 4
7/21/2011
Brian,

We want to be reasonable and work with you but you keep ignoring us. You won't even send us the list of the
responsive software versions despite promising to do so last month. Is there some reason you won't do this?

Regarding your question from earlier: as you know, there is no agreement between the parties on a subset of
code. We don't see how that prevents Motorola from working with TiVo to meet its production obligations. We
would be happy to discuss ways to make this easier on Motorola, including finding a way to decrease the number
of versions we need. But it's difficult to do this when you won't even respond to us or send us the list of software
versions at issue.

Because we have been unable to make any progress with you, and because you have again become
unresponsive to TiVo's requests to work cooperatively, we have no choice but to move to compel the production
of all responsive versions of Motorola software. We plan to do so next week.

Contrary to your assertions, time is incredibly important here. Motorola was clearly obligated to
produce this material months ago. If you are willing to produce all the responsive versions or to discuss
ways to narrow the versions TiVo needs please let us know immediately as we are still willing to do. Otherwise
we will have to file our motion.

Sincerely,

Peter Routhier
Attorney
Direct: (612) 349-8268


Brian,

Thanks for your email. Although we are not in agreement with everything you wrote, I think we could make
progress and perhaps resolve these issues if we discussed on the phone. Can you be available for a call at
11:00 AM central tomorrow? If not, please propose a time that works for you.

Sincerely,

Peter


Fr om: Erickson, Brian [ mailt o: Brian.Erickson@dlapiper.com]
Sent : Monday, July 11, 2011 1: 02 AM
To: Rout hier, Pet er M.

Peter,

My letters of April 25 and May 6 stated that the code already produced was, in fact, the source code
for all of the Motorola software on all of the deployed DVRs. TiVo's more recent request for source
code for historical releases of software that are not deployed on any DVR is a different issue.
Motorola is not a party to the litigation between TiVo and Verizon and, therefore, lacks the ability to
enter into any representative product agreement. Motorola has repeatedly requested that the
parties enter into such an agreement between themselves for purposes of their litigation to reduce
the burdens on each other, the Court, and third parties such as Motorola, but those efforts have so
far proved fruitless.

Accordingly, please let me know whether the parties will agree on a subset of code and Motorola will
produce that subset. Obviously, Motorola would not be pleased to produce all of its source code,
only to learn that the parties then reach an agreement that some subset of code is representative.
In case that occurs, Motorola reserves its right to seek compensation from TiVo for Motorola's
expenses in needlessly retrieving, reviewing, and producing code, particularly archived code.

A review of the Court's scheduling order reveals that discovery will not close for several months after
the claim construction order, which has not issued yet. Moreover, TiVo has failed to update its
infringement contentions since Motorola's production of source code for all deployed DVRs in early
March, implying that Motorola's code is not relevant to TiVo's infringement contentions. Accordingly,
there does not appear to be any need in the short term for a premature production of additional
source code.

Finally, I'm not sure what you mean by "our motion". If you would like to meet and confer regarding
a motion, please let me know.

Regards,
Brian

Fr om: Rout hier, Pet er M. [ mailt o: PMRout hier@rkmc.om]
Sent : Thursday, July 07, 2011 8: 40 PM
To: Erickson, Brian

Brian,
We haven't heard back from you. We keep asking you to respond but you don't. We really
want to work with you but we can't if you won't be responsive. Please let us know if you'd like
to talk about a stipulation. If you're not willing to do so at this time then we need you to
produce the source code for the deployed versions immediately.
If we don't hear from you tomorrow like we requested, we'll have no choice but to file our
motion.
Sincerely,
Page 2 of 4
7/21/2011

Peter Routhier
Attorney
Direct: (612) 349-8268

Cc: Collyard, Michael A.; Specht , Brock J.; Rout hier, Pet er M.; Felkins, Julie B.;
Zimmerman, Lila M.

Dear Brian,

We received Motorola's production of additional documents today.
We'll take a look at these documents and let you know if we see any
issues that require follow up.

Regarding the source code versions, thank you for confirming that as
many as 29 additional versions of potentially responsive code exist. I
understand that you had agreed to provide my colleague Peter Routhier
a list of these versions. Please do so right away.

In terms of the code production, we disagree that it is premature for
Motorola to produce the additional versions of code now. We have been
asking for this code for many months, and we cannot delay any longer.

You are correct that we have considered the possibility of designating
representative software versions. We did so at your suggestion--in your
letters of April 25 and May 6 youtold us that the code Motorola had
already produced was sufficient to show the functionality of all of the
accused QIP products, and on the June 16 meet and confer you
reiterated this point and suggested a stipulation to that effect.We agree
that a stipulation of this type could save a lot of work and expense for
everyone involved. IfMotorolais willing to enter into a written
agreement thattheDelMar 23.54A and 23.54B software versions are
representative ofall of the deployed versions ofsoftware provided to
Verizon for purposes of the current lawsuit betweenTiVo and Verizon,
please let us know right away. We are available tomorrow morning if
you would like to schedule a brief call to follow up on this.

In any event, we have been waiting for many months now to obtain the
additional versions of source code, and we need either the code or a
written agreement regarding representative versions by the end of this
week.

Kind Regards,
Page 3 of 4
7/21/2011

Lauren

Lauren J. Galgano
Attorney
Direct: 612.349.8405 | Fax: 612.339.4181

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Page 4 of 4
7/21/2011

Exhibit D Thorugh K Motorola Dodging TiVos Phone Calls

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Case 2:11-mc-00201-LDD Document 1-3 Filed 07/22/11 Page 1 of 27

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