American Patents LLC v. Mediatek, Inc. et al

Western District of Texas, txwd-6:2018-cv-00339

Agreed MOTION FOR EXTENSION OF TIME FOR LIMITED JURISDICTIONAL DISCOVERY, RELATED SUPPLEMENTAL BRIEFING, AND HEARING ON ALL PENDING MOTIONS by Lenovo (Shanghai) Electronics Technology Co. Ltd., Lenovo Group Ltd.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION AMERICAN PATENTS LLC, Plaintiff, v. MEDIATEK INC., MEDIATEK USA INC., Civil Action No.: 6:18-CV-339-ADA BROADCOM PTE. LTD., BROADCOM CORPORATION, LENOVO (SHANGHAI) ELECTRONICS TECHNOLOGY CO. LTD., LENOVO GROUP, LTD., NXP SEMICONDUCTORS N.V., NXP B.V., NXP USA, INC., QUALCOMM INCORPORATED and QUALCOMM TECHNOLOGIES, INC., Defendants. AGREED MOTION FOR EXTENSION OF TIME FOR LIMITED JURISDICTIONAL DISCOVERY, RELATED SUPPLEMENTAL BRIEFING, AND HEARING ON ALL PENDING MOTIONS Specially Appearing Defendants Lenovo (Shanghai) Electronics Technology Co., Ltd. and Lenovo Group Ltd. (hereinafter "the Lenovo Defendants") hereby move the Court to extend the time: (1) within which the Lenovo Defendants are required to provide a corporate representative for deposition; (2) within which Plaintiff must file its supplemental briefing on the issue of jurisdiction and the Lenovo Defendants must file their response thereto; and (3) for the Court's scheduled hearing on all pending motions. Plaintiff has agreed to this motion ("Agreed Motion") and in support, the Lenovo Defendants state as follows: 1. On January 31, 2019, the Lenovo Defendants filed their Motion to Dismiss for Improper Service of Process, Lack of Personal Jurisdiction, and Improper Venue ("Motion to Dismiss") (Dkt. Nos. 44-1 to 44-11). On February 14, 2019, Plaintiff filed its Opposition to the -1- Motion to Dismiss (Dkt. No. 68) ("Opposition"). On March 7, 2019, the Lenovo Defendants filed their Reply to the Opposition (Dkt. No. 75) ("Reply"). 2. On March 12, 2019, this Court ordered limited discovery on issues of jurisdiction (Dkt. No. 79) ("Order"). The Order set the following schedule: Date Event March 22, 2019 Date by which the Lenovo Defendants must make a corporate representative available for deposition April 1, 2019 Date by which Plaintiff must file supplemental briefing on issue of jurisdiction April 8, 2019 Date by which the Lenovo Defendants must file their response to Plaintiff's supplemental briefing April 11, 2019 Hearing on all pending motions at 10:30 AM 3. The Lenovo Defendants and Plaintiff have met and conferred and have agreed to an extension of the deadlines set in the Order according to the following schedule: Date Event April 10, 2019 Date by which the Lenovo Defendants must make a corporate representative available for deposition April 19, 2019 Date by which Plaintiff must file supplemental briefing on issue of jurisdiction April 29, 2019 Date by which the Lenovo Defendants must file their response to Plaintiff's supplemental briefing Any date between May 9 Hearing on all pending motions and 17, 2019, or a date that is otherwise convenient for the Court1 4. The requested extension of time is sought not for purposes of delay, but for good cause, including that the potential corporate representative is unavailable before the current deadline for deposition of March 22, 2019, due to preexisting obligations that are extremely 1 Counsel for the Lenovo Defendants have met and conferred with counsel for Plaintiff, and the parties are available for a hearing anytime between May 9 and 17, 2019. -2- difficult to move. 5. In its March 12, 2019 Order at Dkt. No. 79, the Court had set the hearing to cover "all pending motions." On March 13, 2019, the Lenovo Defendants filed their Motion to Sever and Stay Pursuant to the Customer-Suit Exception Doctrine (Dkt. No. 82) ("Motion to Sever and Stay"). On March 15, 2019, this Court granted Plaintiff an extension of time until March 27, 2019 to file its Response to the Motion to Sever and Stay. Therefore, the Lenovo Defendants' Reply is due by April 3, 2019. Accordingly, all briefing for the Motion to Sever and Stay will be completed before the proposed new hearing date in May. In light of the Court's Order at Dkt. No. 79, if the Court grants this Agreed Motion and continues the hearing date to May, the parties will plan for the Motion to Sever and Stay to be heard on that date in addition to the Motion to Dismiss, unless the Court orders otherwise. 6. WHEREFORE, Specially Appearing Defendants Lenovo (Shanghai) Electronics Technology Co., Ltd. and Lenovo Group Ltd. respectfully request that the schedule set in the Order be extended in accordance with this Agreed Motion. Dated: March 21, 2019 Respectfully submitted, By: /s/ Eric H. Findlay Eric H. Findlay State Bar No. 00789886 FINDLAY CRAFT, P.C. 102 North College Avenue Suite 900 Tyler, TX 75702 (903) 534-1100 (903) 534-1137 FAX efindlay@findlaycraft.com Martin R. Bader (Admitted Pro Hac Vice) CA Bar No. 222865 Sheppard, Mullin, Richter & Hampton LLP 12275 El Camino Real, Suite 200 San Diego, CA 92130 -3- 858-720-7446 858-847-4883 – fax mbader@sheppardmullin.com Lai L. Yip (Admitted Pro Hac Vice) CA Bar No. 258029 Sheppard, Mullin, Richter & Hampton LLP Four Embarcadero Center, 17th Floor San Francisco, CA 94111 415-434-9100 415-434-3947 – fax lyip@sheppardmullin.com Toni Qiu (Admitted Pro Hac Vice) CA Bar No. 302268 Sheppard, Mullin, Richter & Hampton LLP Four Embarcadero Center, 17th Floor San Francisco, CA 94111 415-434-9100 415-434-3947 – fax tqiu@sheppardmullin.com ATTORNEYS FOR SPECIALLY APPEARING DEFENDANTS LENOVO (SHANGHAI) ELECTRONICS TECHNOLOGY CO., LTD. AND LENOVO GROUP LTD. -4- CERTIFICATE OF SERVICE The undersigned hereby certifies that counsel of record who are deemed to have consented to electronic services are being served with a copy of this document via the Court's CM/ECF system per Local Rule CV-5(a)(3) on this day of March 21, 2019. By: /s/ Eric H. Findlay Eric H. Findlay -5-