American Patents LLC v. Mediatek, Inc. et al

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

Agreed MOTION for Extension of Time to File Answer or Otherwise Response to Plaintiff's Complaint as to NXP Defendants by American Patents LLC.

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS WACO DIVISION AMERICAN PATENTS LLC, Plaintiff, v. MEDIATEK INC., MEDIATEK USA INC., BROADCOM PTE. LTD., BROADCOM Civil Action No.: 6:18-cv-00339-ADA 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., Defendant. AGREED MOTION FOR EXTENSION OF TIME FOR NXP DEFENDANTS TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFF'S COMPLAINT AND WAIVER OF FOREIGN SERVICE REQUIREMENT Plaintiff American Patents LLC moves the Court to extend the time with which Defendants NXP Semiconductors N.V., NXP B.V., and NXP USA, Inc. (hereinafter "the NXP Defendants"), are required to move, answer or otherwise respond to Plaintiff's Complaint. In so doing, the NXP Defendants would not waive any defenses described or referred to in Rule 12 F.R.C.P, other than as expressly provided below. In support of this Motion, the Plaintiff states as follows: 1. On November 14, 2018, Plaintiff filed its Complaint alleging patent infringement against the NXP Defendants. 2. The NXP Defendants seek an extension of time to answer or otherwise respond to Plaintiff's Original Complaint to review the complaint and analyze the issues related to responding to the Complaint by motion, answer or otherwise. In addition, for purposes of 1 efficiency, the NXP Defendants seek one uniform date on which to respond to Plaintiff's Complaint. 3. NXP Semiconductors N.V. and NXP B.V., both Dutch companies, have agreed to waive service of a summons in this lawsuit only and to save the cost of service of summons by not requiring that NXP Semiconductors N.V. and NXP B.V. be served judicial process in manners provided by Rule 4 of the Federal Rules of Civil Procedure, in exchange for an extension of time for the NXP Defendants to answer or otherwise respond to Plaintiff's Original Complaint by February 10, 2019. 4. The agreement between the plaintiff and the NXP Defendants regarding waiver of formal service should not be construed as a waiver of any other rights or defenses of the NXP Defendants, including, for instance, the NXP Defendants' rights to file counterclaims, affirmative defenses, or to otherwise challenge the validity of the subject patents. 5. WHEREFORE, Plaintiff American Patents LLC respectfully requests that the time in which the NXP Defendants are required to move, answer or otherwise respond to Plaintiff's Original Complaint for Patent Infringement be extended to and include February 10, 2019. 2 Dated: December 5, 2018 Respectfully submitted, By: /s/ Stafford Davis Stafford Davis sdavis@stafforddavisfirm.com Catherine Bartles (not yet admitted) Texas Bar No. 24104849 cbartles@stafforddavisfirm.com THE STAFFORD DAVIS FIRM The People's Petroleum Building 102 North College Avenue, 13th Floor Tyler, Texas 75702 (903) 593-7000 (903) 705-7369 fax Matthew J. Antonelli (not yet admitted) Texas Bar No. 24068432 matt@ahtlawfirm.com Zachariah S. Harrington (not yet admitted) Texas Bar No. 24057886 zac@ahtlawfirm.com Larry D. Thompson, Jr. (not yet admitted) Texas Bar No. 24051428 larry@ahtlawfirm.com Christopher Ryan Pinckney (not yet admitted) 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 Attorneys for American Patents LLC 3 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 the 5th day of December, 2018. By:/s/ Stafford Davis Stafford Davis 4