American Patents LLC v. Analog Devices, Inc. et al

Western District of Texas, txwd-6:2018-cv-00356

Joint MOTION to Substitute Party and to Dismiss Certain Defendants Without Prejudice by American Patents LLC.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION AMERICAN PATENTS LLC, Civil Action No.: 6:18-CV-356 Plaintiff, v. JURY TRIAL DEMANDED ANALOG DEVICES, INC. ET AL., Defendants. JOINT MOTION TO SUBSTITUTE PARTIES AND TO DISMISS CERTAIN DEFENDANTS WITHOUT PREJUDICE WHEREAS, for purposes of this pleading, the phrase "Accused Products" means the products identified in paragraphs 42, 56, and 70 of the First Amended Complaint (Dkt. No. 17) in the above-captioned matter; WHEREAS for the limited purpose of this case, in consideration of the mutual agreements between the parties, and in light of the representations made herein by defendants Marvell International, Ltd. and Marvell Technology Group, Ltd. to plaintiff American Patents LLC ("American Patents"), the parties agree as follows: 1. Marvell International, Ltd. and Marvell Technology Group, Ltd. are Bermuda entities and do not have any United States employees. 2. To the extent that any Accused Products are made, used, sold, offered for sale within the United States, or imported to or exported from the United States, the responsible Marvell entity under the applicable patent law of the United States would be Marvell Semiconductor, Inc. 3. Marvell Semiconductor, Inc. agrees that, for the limited purpose of this case and in return for the mutual promises of the parties herein, Marvell International, Ltd. and Marvell Technology Group, Ltd. do not have any documents relevant to this litigation that are not also in the possession of Marvell Semiconductor, Inc. 4. Subject to the mutual agreements herein between the parties, Marvell Semiconductor, Inc. agrees that, for this case only, it will not make any objections to venue or personal jurisdiction in this Court. 5. American Patents and Marvell Semiconductor, Inc. agree that the references in Paragraphs 42, 56 and 70 the First Amended Complaint to "Marvell" or "the Marvell defendants" shall mean Marvell Semiconductor, Inc. rather than Marvell International, Ltd. or Marvell Technology Group, Ltd. 6. Marvell International, Ltd. and Marvell Technology Group, Ltd. will not file a declaratory judgment action against American Patents alleging non-infringement or invalidity of the patents-in-suit as long as American Patents does not seek to reinstate or threaten any claims against them relating to the patents-in-suit. 7. THEREFORE, Marvell and American Patents jointly move (1) that Marvell Semiconductor, Inc. be substituted for Marvell International, Ltd. and Marvell Technology Group, Ltd., (2) that Marvell International, Ltd. and Marvell Technology Group, Ltd. be dismissed without prejudice from this action, with all parties bearing their own costs and fees, and (3) that Marvell Semiconductor, Inc. be given until April 25th (the current deadline for Marvell International, Ltd. and Marvell Technology Group, Ltd.) to file a response to the Amended Complaint. -2- Dated: April 4, 2019 Respectfully submitted, /s/ Andrew N. Thomases Andrew N. Thomases (admission pending) California Bar No. 177339 andrew.thomases@ropesgray.com ROPES & GRAY LLP 1900 University Ave., Ste. 600 E. Palo Alto, CA 94025 (650) 617-4000 /s/ Michael D. Ellis Matthew J. Antonelli (admission pending) Texas Bar No. 24068432 matt@ahtlawfirm.com Zachariah S. Harrington (admission pending) Texas Bar No. 24057886 zac@ahtlawfirm.com Larry D. Thompson, Jr. (admission pending) Texas Bar No. 24051428 larry@ahtlawfirm.com Christopher Ryan Pinckney (admission pending) Texas Bar No. 24067819 ryan@ahtlawfirm.com Michael D. Ellis Texas Bar No. 24081586 michael@ahtlawfirm.com ANTONELLI, HARRINGTON & THOMPSON LLP 4306 Yoakum Blvd., Ste. 450 Houston, TX 77006 (713) 581-3000 Stafford Davis State Bar No. 24054605 sdavis@stafforddavisfirm.com Catherine Bartles Texas Bar No. 24104849 cbartles@stafforddavisfirm.com THE STAFFORD DAVIS FIRM The People's Petroleum Building 102 North College Avenue, 13th Floor -3- Tyler, Texas 75702 (903) 593-7000 (903) 705-7369 fax Attorneys for American Patents LLC -4-