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 re 1 Complaint 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., BROADCOM PTE. LTD., BROADCOM Civil Action No.: 6:18-CV-339 CORPORATION, LENOVO (SHANGHAI) ELECTRONICS TECHNOLOGY CO. LTD., JURY TRIAL DEMANDED LENOVO GROUP, LTD., NXP SEMICONDUCTORS N.V., NXP B.V., NXP USA, INC., QUALCOMM INCORPORATED and QUALCOMM TECHNOLOGIES, INC., Defendants. AGREED MOTION FOR SECOND EXTENSION OF TIME FOR DEFENDANTS LENOVO (SHANGHAI) ELECTRONICS TECHNOLOGY CO. LTD. AND LENOVO GROUP, LTD. TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFF'S COMPLAINT Defendants Lenovo (Shanghai) Electronics Technology Co. Ltd. and Lenovo Group, Ltd. (hereinafter "the Lenovo Defendants") hereby move the Court to extend the time with which the Lenovo Defendants are required to move, answer or otherwise respond to Plaintiff's Complaint. In so doing, the Lenovo Defendants do not waive any defenses described or referred to in FED. R. CIV. P. 12. In support of this Motion, the Lenovo Defendants state as follows: 1. On November 14, 2018, Plaintiff filed its Complaint alleging patent infringement against the Lenovo Defendants. 2. On January 4, 2019, the Court granted Plaintiff's Agreed Motion for Extension of Time for Defendants' to Answer or Otherwise Respond to Plaintiff's Complaint (Dkt. No. 26), which extended the time with which the Lenovo Defendants are required to move, answer or otherwise respond to the Complaint to January 24, 2019 (Dkt. No. 28). 3. The one-week requested extension is sought not for purposes of delay, but for good cause, including that the Lenovo Defendants need the additional time to review the Complaint, complete the investigation of the allegations and issues contained therein, and prepare a response. 4. Counsel for the Lenovo Defendants has conferred with counsel for Plaintiff, and the Parties are agreed to the requested extension. 5. WHEREFORE, Defendants Lenovo (Shanghai) Electronics Technology Co. Ltd. and Lenovo Group, Ltd. respectfully request that the time in which the Lenovo Defendants are required to move, answer or otherwise respond to Plaintiff's Original Complaint for Patent Infringement be extended to and include January 31, 2019. Dated: January 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 (pending Pro Hac Vice) CA Bar No. 222865 Sheppard, Mullin, Richter & Hampton LLP 12275 El Camino Real, Suite 200 San Diego, CA 92130 858-720-7446 858-847-4883 – fax mbader@sheppardmullin.com 2 Lai L. Yip (pending 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 ATTORNEYS FOR DEFENDANTS LENOVO (SHANGHAI) ELECTRONICS TECHNOLOGY CO. LTD. AND LENOVO GROUP, LTD. 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 21st day of January, 2019. By: /s/ Eric H. Findlay Eric H. Findlay 3