American Patents LLC v. Mediatek, Inc. et al

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

Declaration of Lai Yip

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION AMERICAN PATENTS LLC, Plaintiff, v. CIVIL ACTION NO. 6:18-CV-339-ADA MEDIATEK INC., MEDIATEK USA INC., 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. SUPPLEMENTAL DECLARATION OF LAI L. YIP IN SUPPORT OF SPECIALLY APPEARING DEFENDANTS LENOVO (SHANGHAI) ELECTRONICS TECHNOLOGY CO., LTD. AND LENOVO GROUP LTD.'S MOTION TO SEVER AND STAY PURSUANT TO THE CUSTOMER-SUIT EXCEPTION DOCTRINE I, Lai L. Yip, declare as follows: 1. I am an attorney admitted pro hac vice to practice before this Court. I am a partner with Sheppard Mullin Richter & Hampton, LLP, attorneys for specially appearing defendants Lenovo (Shanghai) Electronics Technology Co., Ltd. and Lenovo Group Ltd. (the "Lenovo Defendants"). 2. Attached hereto as Exhibit A is a true and correct copy of an email chain between counsel for the Lenovo Defendants (including myself) and counsel for Plaintiff. 3. On March 14, 2019, my partner Martin Bader, our local counsel Walter Lackey, and I met and conferred telephonically with counsel for Plaintiff regarding the motion to sever SMRH:489957821 -1- and stay. We informed Plaintiff's counsel that the Lenovo Defendants would be willing to be bound by certain rulings as to Qualcomm and MediaTek in this case. In particular, we informed Plaintiff's counsel that the Lenovo Defendants would be willing to be bound by this Court's rulings against Qualcomm and MediaTek as to invalidity, Markman, and technical infringement, i.e., whether the Qualcomm and MediaTek chipsets read on the asserted claims. We offered to prepare a proposed stipulation, but Plaintiff's counsel volunteered to draft it in the first instance. 4. At this March 14, 2019 meet and confer, Plaintiff's counsel also inquired as to whether Qualcomm and MediaTek are the only suppliers of chipsets in the Lenovo Defendants' accused products. We informed Plaintiff's counsel that Qualcomm and MediaTek are almost certainly the only suppliers of accused chipsets in the Lenovo Defendants' accused products, but that we would need to confirm with the Lenovo Defendants. This has since been confirmed by Todd Madderom, Director of Chipset Procurement at Motorola Mobility LLC, an affiliate of Lenovo (United States), Inc. I declare under penalty of perjury under the federal laws of the United States that the foregoing is true and correct. Executed on April 3, 2019 in San Francisco, California. /s/ Lai L. Yip Lai L. Yip SMRH:489957821 -2-