American Patents LLC v. Mediatek, Inc. et al

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

Exhibit A - Email Correspondence

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8 EXHIBIT A 8 From: Zac Harrington To: Lai Yip Cc: Larry Thompson; Martin Bader; Eric Findlay; Toni Qiu; Matt Antonelli; Stafford Davis; Cate Bartles; Ryan Pinckney; Michael Ellis; Walter Lackey; Michael Hopkins Subject: Re: American Patents v. Lenovo Date: Wednesday, March 27, 2019 9:05:38 AM Lai- We continue to be willing to explore a potential stipulation with Lenovo. And we did give serious thought on our end to a possible proposal after our last call. But we ultimately concluded that the issues involved in reaching a stipulated stay are too complex to make that workable at this stage in the case. If Lenovo has a proposal it wants to make after reviewing our opposition, we'd be happy to hear it. Best, Zac Zachariah S. Harrington Antonelli, Harrington & Thompson LLP 4306 Yoakum, Suite 450 Houston, TX 77006 (713) 581-3003 (direct) (713) 581-3020 (fax) (917) 370-1957 (cell) zac@ahtlawfirm.com www.ahtlawfirm.com On Mar 26, 2019, at 1:18 PM, Lai Yip <LYip@sheppardmullin.com> wrote: Zac, We do not understand. Plaintiff raised the idea of a stipulation to be bound, which we in turn raised with our client, and we subsequently engaged with you in good faith discussions about it. Nearly two weeks ago, during our meet and confer on March 14, you volunteered to prepare a proposal. What has changed? You said, "Given what we know now, I don't see a path to agreement on these issues," but we are unaware of any germane developments since we spoke. We are still willing to engage with you in discussions regarding a stipulation. We see no need to burden the Court or parties with further motion practice on this issue if a stipulation is possible. Please let us know if you are open to this. Thank you, Lai Yip | Partner SheppardMullin | San Francisco +1 415-774-3147 | ext. 13147 8 From: Zac Harrington <zac@ahtlawfirm.com> Sent: Tuesday, March 26, 2019 9:50 AM To: Lai Yip <LYip@sheppardmullin.com> Cc: Larry Thompson <larry@ahtlawfirm.com>; Martin Bader <MBader@sheppardmullin.com>; Eric Findlay <efindlay@findlaycraft.com>; Toni Qiu <TQiu@sheppardmullin.com>; Matt Antonelli <matt@ahtlawfirm.com>; Stafford Davis <sdavis@stafforddavisfirm.com>; Cate Bartles <cbartles@stafforddavisfirm.com>; Ryan Pinckney <ryan@ahtlawfirm.com>; Michael Ellis <michael@ahtlawfirm.com>; Walter Lackey <wlackey@findlaycraft.com> Subject: Re: American Patents v. Lenovo Lai- At this point, we are not sure a proposal makes sense. We are going to file our opposition to Lenovo's motion to sever and stay tomorrow and that will set out our positions on these issues. Given what we know now, I don't see a path to agreement on these issues. Best, Zac Zachariah S. Harrington Antonelli, Harrington & Thompson LLP 4306 Yoakum, Suite 450 Houston, TX 77006 (713) 581-3003 (direct) (713) 581-3020 (fax) (917) 370-1957 (cell) zac@ahtlawfirm.com www.ahtlawfirm.com On Mar 22, 2019, at 1:28 PM, Lai Yip <LYip@sheppardmullin.com> wrote: Hi Zac and Larry, We are writing to follow up regarding the motion to sever and stay issues we discussed last week. Will you be sending us a proposal soon? Thank you, Lai Yip | Partner SheppardMullin | San Francisco 8 +1 415-774-3147 | ext. 13147 From: Lai Yip Sent: Thursday, March 21, 2019 1:26 PM To: Larry Thompson <larry@ahtlawfirm.com>; Zac Harrington <zac@ahtlawfirm.com> Cc: Martin Bader <MBader@sheppardmullin.com>; Eric Findlay <efindlay@findlaycraft.com>; Toni Qiu <TQiu@sheppardmullin.com>; Matt Antonelli <matt@ahtlawfirm.com>; Stafford Davis <sdavis@stafforddavisfirm.com>; Cate Bartles <cbartles@stafforddavisfirm.com>; Ryan Pinckney <ryan@ahtlawfirm.com>; Michael Ellis <michael@ahtlawfirm.com>; Walter Lackey <wlackey@findlaycraft.com> Subject: RE: American Patents v. Lenovo Thanks Larry, we'll get this on file. Lai Yip | Partner SheppardMullin | San Francisco +1 415-774-3147 | ext. 13147 From: Larry Thompson <larry@ahtlawfirm.com> Sent: Thursday, March 21, 2019 1:18 PM To: Lai Yip <LYip@sheppardmullin.com>; Zac Harrington <zac@ahtlawfirm.com> Cc: Martin Bader <MBader@sheppardmullin.com>; Eric Findlay <efindlay@findlaycraft.com>; Toni Qiu <TQiu@sheppardmullin.com>; Matt Antonelli <matt@ahtlawfirm.com>; Stafford Davis <sdavis@stafforddavisfirm.com>; Cate Bartles <cbartles@stafforddavisfirm.com>; Ryan Pinckney <ryan@ahtlawfirm.com>; Michael Ellis <michael@ahtlawfirm.com>; Walter Lackey <wlackey@findlaycraft.com> Subject: Re: American Patents v. Lenovo Lai- American Patents has no objection to Lenovo filing the revised motion today (on the continued understanding, of course, that Lenovo's corporate representative for the jurisdictional deposition will be Mr. Cranor). Best, Larry Larry D. Thompson, Jr. 8 Antonelli, Harrington & Thompson LLP 4306 Yoakum Blvd., Suite 450 Houston, Texas 77006 Direct: (713) 581-3006 Fax: (713) 581-3020 From: Lai Yip <LYip@sheppardmullin.com> Date: Thursday, March 21, 2019 at 3:07 PM To: Zachariah Harrington <zac@ahtlawfirm.com> Cc: Martin Bader <MBader@sheppardmullin.com>, "efindlay@findlaycraft.com" <efindlay@findlaycraft.com>, Toni Qiu <TQiu@sheppardmullin.com>, Larry Thompson <larry@ahtlawfirm.com>, Matthew Antonelli <matt@ahtlawfirm.com>, Stafford Davis <sdavis@stafforddavisfirm.com>, Cate Bartles <cbartles@stafforddavisfirm.com>, "C. Ryan Pinckney" <ryan@ahtlawfirm.com>, Michael Ellis <michael@ahtlawfirm.com>, Walter Lackey <wlackey@findlaycraft.com> Subject: RE: American Patents v. Lenovo Zac, We followed up with the clerk again this morning but have still not heard back. In light of the deadline tomorrow, we think it would be best to propose a range of dates to the Court (May 9 to 17, as we previously discussed) and proceed to get this agreed motion on file today. Revised papers are attached. Please let us know if you approve to file. Thank you, Lai Yip | Partner SheppardMullin | San Francisco +1 415-774-3147 | ext. 13147 From: Lai Yip Sent: Wednesday, March 20, 2019 9:26 PM To: 'Zac Harrington' <zac@ahtlawfirm.com> Cc: Martin Bader <MBader@sheppardmullin.com>; 'Eric Findlay' <efindlay@findlaycraft.com>; Toni Qiu <TQiu@sheppardmullin.com>; 'Larry Thompson' <larry@ahtlawfirm.com>; 'Matt Antonelli' <matt@ahtlawfirm.com>; 'Stafford Davis' <sdavis@stafforddavisfirm.com>; 'Cate Bartles' <cbartles@stafforddavisfirm.com>; 'Ryan Pinckney' 8 <ryan@ahtlawfirm.com>; 'Michael Ellis' <michael@ahtlawfirm.com>; 'Walter Lackey' <wlackey@findlaycraft.com> Subject: RE: American Patents v. Lenovo Zac, FYI, we called and left a voicemail for the clerk this morning regarding a hearing date and followed up this afternoon, but are still waiting to hear back. We will follow up again tomorrow (Thursday) morning. In the meantime, we went ahead and prepared the agreed motion, attached, but left a blank placeholder for the new hearing date. Once we hear back from the clerk, we will fill in the date. Please let us know if you have any comments. Also, is there any further word regarding the motion to sever and stay issues that we discussed last week? Thank you, Lai Yip | Partner SheppardMullin | San Francisco +1 415-774-3147 | ext. 13147 From: Lai Yip Sent: Tuesday, March 19, 2019 2:49 PM To: 'Zac Harrington' <zac@ahtlawfirm.com> Cc: Martin Bader <MBader@sheppardmullin.com>; Eric Findlay <efindlay@findlaycraft.com>; Toni Qiu <TQiu@sheppardmullin.com>; Larry Thompson <larry@ahtlawfirm.com>; Matt Antonelli <matt@ahtlawfirm.com>; Stafford Davis <sdavis@stafforddavisfirm.com>; Cate Bartles <cbartles@stafforddavisfirm.com>; Ryan Pinckney <ryan@ahtlawfirm.com>; Michael Ellis <michael@ahtlawfirm.com>; Walter Lackey <wlackey@findlaycraft.com> Subject: RE: American Patents v. Lenovo Thanks Zac, that works. We'll get in touch with the clerk to find out which hearing dates may work for the Court, and then send a stipulation over to you. Thanks, Lai Yip | Partner SheppardMullin | San Francisco +1 415-774-3147 | ext. 13147 From: Zac Harrington <zac@ahtlawfirm.com> Sent: Tuesday, March 19, 2019 2:22 PM 8 To: Lai Yip <LYip@sheppardmullin.com> Cc: Martin Bader <MBader@sheppardmullin.com>; Eric Findlay <efindlay@findlaycraft.com>; Toni Qiu <TQiu@sheppardmullin.com>; Larry Thompson <larry@ahtlawfirm.com>; Matt Antonelli <matt@ahtlawfirm.com>; Stafford Davis <sdavis@stafforddavisfirm.com>; Cate Bartles <cbartles@stafforddavisfirm.com>; Ryan Pinckney <ryan@ahtlawfirm.com>; Michael Ellis <michael@ahtlawfirm.com>; Walter Lackey <wlackey@findlaycraft.com> Subject: Re: American Patents v. Lenovo Lai- We have a conflict on 4/11 and 4/12. If the completion of the deposition date is changed to 4/10 with the briefing dates adjusted accordingly (Friday, 4/19 for AP supplemental brief; Monday, 4/29 for Lenovo's response), then we are fine with Lenovo's proposal below. Best, Zac Zachariah S. Harrington Antonelli, Harrington & Thompson LLP 4306 Yoakum, Suite 450 Houston, TX 77006 (713) 581-3003 (direct) (713) 581-3020 (fax) (917) 370-1957 (cell) zac@ahtlawfirm.com www.ahtlawfirm.com On Mar 19, 2019, at 4:00 PM, Lai Yip <LYip@sheppardmullin.com> wrote: Hi Zac, following up with this. Given this Friday's deadline, it would be best for us to get a motion on file sooner rather than later. Please let us know your thoughts on the proposed stipulation below. We are still working on getting specific dates for the deposition to send to you. Thanks again for working with us on these scheduling issues. 8 Lai Yip | Partner SheppardMullin | San Francisco +1 415-774-3147 | ext. 13147 From: Lai Yip Sent: Monday, March 18, 2019 4:00 PM To: 'Zac Harrington' <zac@ahtlawfirm.com> Cc: Martin Bader <MBader@sheppardmullin.com>; Eric Findlay <efindlay@findlaycraft.com>; Toni Qiu <TQiu@sheppardmullin.com>; Larry Thompson <larry@ahtlawfirm.com>; Matt Antonelli <matt@ahtlawfirm.com>; Stafford Davis <sdavis@stafforddavisfirm.com>; Cate Bartles <cbartles@stafforddavisfirm.com>; Ryan Pinckney <ryan@ahtlawfirm.com>; Michael Ellis <michael@ahtlawfirm.com>; Walter Lackey <wlackey@findlaycraft.com> Subject: RE: American Patents v. Lenovo Zac, Thank you for your email. We are working with our client to nail down available dates for a deposition so that we can relay those to you as soon as possible. We understand that the Court's deadline is coming up soon, and appreciate your flexibility and willingness to work with us on this. In the meantime, we would propose a stipulation on dates as follows. Please let us know if this is acceptable to you. Deposition to be completed by Fri. April 12. (It is still possible that we get the deposition done by Fri. April 5, i.e., the first week of April, but this gives the witness a bit more flexibility on scheduling.) Plaintiff's supplemental brief on jurisdiction due by Mon. April 22. Lenovo Defendants' response brief due by Thu. May 2. (I.e., each side gets 10 days. In the Court's Order, the Plaintiff has 10 days to file its supplemental brief, while Lenovo has 7 days to respond. But we would appreciate equal time.) Combined hearing on the motion to dismiss and 8 motion to sever and stay to be set for some court day between Thu. May 9 and the end of the following week (Friday, May 17). Please let us know which dates work for you in this time window, or if you would propose subsequent dates. Once we identify mutually convenient dates, we would suggest calling the clerk to ascertain which dates work for the Court, and present those dates in the stipulation. Thank you and we look forward to hearing from you. Lai L. Yip | Partner +1 415-774-3147 | direct LYip@sheppardmullin.com | Bio SheppardMullin Four Embarcadero Center, 17th Floor San Francisco, CA 94111-4109 +1 415-434-9100 | main www.sheppardmullin.com | LinkedIn | Twitter From: Zac Harrington <zac@ahtlawfirm.com> Sent: Monday, March 18, 2019 8:49 AM To: Lai Yip <LYip@sheppardmullin.com> Cc: Martin Bader <MBader@sheppardmullin.com>; Eric Findlay <efindlay@findlaycraft.com>; Toni Qiu <TQiu@sheppardmullin.com>; Larry Thompson <larry@ahtlawfirm.com>; Matt Antonelli <matt@ahtlawfirm.com>; Stafford Davis <sdavis@stafforddavisfirm.com>; Cate Bartles <cbartles@stafforddavisfirm.com>; Ryan Pinckney <ryan@ahtlawfirm.com>; Michael Ellis <michael@ahtlawfirm.com>; Walter Lackey <wlackey@findlaycraft.com> Subject: Re: American Patents v. Lenovo Lai- Currently, Lenovo is under a court order to provide a witness by March 22nd. The offer I made in my Friday email below still stands. We are willing to work with Lenovo to try to get some relief from Lenovo's scheduling issues, but given the uncertainty of 8 Lenovo's current position American Patents cannot guarantee that it will not oppose any other relief that Lenovo requests. And, obviously, Lenovo needs to seek relief from the Court as soon as possible given this rapidly approaching deadline. Best, Zac Zachariah S. Harrington Antonelli, Harrington & Thompson LLP 4306 Yoakum, Suite 450 Houston, TX 77006 (713) 581-3003 (direct) (713) 581-3020 (fax) (917) 370-1957 (cell) zac@ahtlawfirm.com www.ahtlawfirm.com On Mar 15, 2019, at 5:05 PM, Lai Yip <LYip@sheppardmullin.com> wrote: Zac, thanks. We will not be finding out about available deposition dates on Monday, but expect to find out Wednesday or Thursday. Also, it is possible that the available deposition dates are after the first week of April. Lai Yip | Partner SheppardMullin | San Francisco +1 415-774-3147 | ext. 13147 From: Zac Harrington <zac@ahtlawfirm.com> Sent: Friday, March 15, 2019 2:24 PM To: Lai Yip <LYip@sheppardmullin.com> Cc: Martin Bader <MBader@sheppardmullin.com>; Eric Findlay <efindlay@findlaycraft.com>; Toni Qiu <TQiu@sheppardmullin.com>; Larry Thompson <larry@ahtlawfirm.com>; Matt Antonelli <matt@ahtlawfirm.com>; Stafford Davis <sdavis@stafforddavisfirm.com>; Cate Bartles <cbartles@stafforddavisfirm.com>; Ryan 8 Pinckney <ryan@ahtlawfirm.com>; Michael Ellis <michael@ahtlawfirm.com>; Walter Lackey <wlackey@findlaycraft.com> Subject: Re: American Patents v. Lenovo Counsel- Thanks for the call last night. We are still looking into the sever/stay issues. In the meantime, in response to Lenovo's request, American Patents does not oppose moving the deposition to the first week of April. Hopefully, y'all will get a firm date for the deposition by Monday so that you can ask for relief from the Court early next week. The other dates in the Court's order should be moved to maintain the spacing of dates. Best, Zac Zachariah S. Harrington Antonelli, Harrington & Thompson LLP 4306 Yoakum, Suite 450 Houston, TX 77006 (713) 581-3003 (direct) (713) 581-3020 (fax) (917) 370-1957 (cell) zac@ahtlawfirm.com www.ahtlawfirm.com On Mar 14, 2019, at 1:50 PM, Lai Yip <LYip@sheppardmullin.com> wrote: Zac, Please let us know when you would have time for a call. In addition to discussing timing of the corporate representative's deposition, we would also like to discuss with you the timing of the hearing on the motion to 8 dismiss (we have an unmovable conflict on April 11). Also, on our meet and confer Tuesday regarding the motion to sever and stay, you asked about the Lenovo Defendants' willingness to be bound by rulings against Qualcomm and MediaTek. We would like to discuss that further with you as well. We are available today from 1:30-3 Pacific (3:30-5 Central) and tomorrow from 9-11 Pacific (11-1 Central). Please let us know if any of these times work for you. Thank you, Lai Yip | Partner SheppardMullin | San Francisco +1 415-774-3147 | ext. 13147 From: Zac Harrington <zac@ahtlawfirm.com> Sent: Wednesday, March 13, 2019 2:01 PM To: Martin Bader <MBader@sheppardmullin.com> Cc: Eric Findlay <efindlay@findlaycraft.com>; Lai Yip <LYip@sheppardmullin.com>; Toni Qiu <TQiu@sheppardmullin.com>; Larry Thompson <larry@ahtlawfirm.com>; Matt Antonelli <matt@ahtlawfirm.com>; Stafford Davis <sdavis@stafforddavisfirm.com>; Cate Bartles <cbartles@stafforddavisfirm.com >; Ryan Pinckney <ryan@ahtlawfirm.com>; Michael Ellis <michael@ahtlawfirm.com>; Walter Lackey 8 <wlackey@findlaycraft.com> Subject: Re: American Patents v. Lenovo Counsel- Given that Lenovo put up Mr. Cranor as its declarant for its motion, we think that the best way to move forward with the deposition that the Court ordered is for Lenovo to put up Mr. Cranor in North Carolina at the end of next week. If you disagree, please let me know when and where Lenovo proposes the deposition to go forward and with what witness. We obviously need to set up a court reporter and make travel plans as soon as possible. Best, Zac Zachariah S. Harrington Antonelli, Harrington & Thompson LLP 4306 Yoakum, Suite 450 Houston, TX 77006 (713) 581-3003 (direct) (713) 581-3020 (fax) (917) 370-1957 (cell) zac@ahtlawfirm.com www.ahtlawfirm.com On Feb 7, 2019, at 11:28 AM, Martin Bader <MBader@sheppard mullin.com> wrote: 8 Zac, Thank you for the e-mail – it took us some time to connect with our client do to various scheduling conflicts. As you know, the Lenovo Defendants have not even been properly served with process in this case. Therefore, Plaintiff is not entitled to the deposition of Mr. Cranor or any other discovery at this juncture, and Lenovo does not agree to make Mr. Cranor available for deposition at this time. Best, Martin Martin R. Bader +1 858-720-7446 | direct MBader@sheppardmull in.com | Bio SheppardMulli n 12275 El Camino Real, Suite 200 San Diego, CA 92130- 4092 +1 858-720-8900 | main www.sheppardmullin.co m | LinkedIn | Twitter From: Zac Harrington <zac@ahtlawfirm.co m> Sent: Thursday, 8 February 7, 2019 9:20 AM To: Eric Findlay <efindlay@findlaycra ft.com>; Martin Bader <MBader@sheppard mullin.com>; Lai Yip <LYip@sheppardmul lin.com>; Toni Qiu <TQiu@sheppardmu llin.com> Cc: Larry Thompson <larry@ahtlawfirm.c om>; Matt Antonelli <matt@ahtlawfirm.c om>; Stafford Davis <sdavis@stafforddav isfirm.com>; Cate Bartles <cbartles@staffordd avisfirm.com>; Ryan Pinckney <ryan@ahtlawfirm.c om>; Michael Ellis <michael@ahtlawfir m.com> Subject: Re: American Patents v. Lenovo Counsel- Where are y'all on this? If Lenovo needs more time to consider our proposal, can we agree to a two week extension for our opposition in the meantime? Sent from my iPhone 8 On Feb 5, 2019, at 5:42 PM, Zac Harrington <zac@ahtlawfirm.co m> wrote: Counsel - Americ an Patents would like to depose Lenovo 's declara nt (Kurt Cranor) before respond ing to Lenovo 's motion to dismiss. Please let me know if Lenovo will agree to this very limited discove ry. We are fine doing the depositi on in Morris ville, and the timing is general ly up to 8 Lenovo. Americ an Patents would file its opposit ion to Lenovo 's motion to dismiss one week after the depositi on. Please let me know if you would like to discuss. Best, Zac Zachari ah S. Harring ton Antonel li, Harring ton & Thomp son LLP 4306 Yoaku m, Suite 450 Housto n, TX 8 77006 (713) 581- 3003 (direct) (713) 581- 3020 (fax) (917) 370- 1957 (cell) zac@ah tlawfir m.com www.a htlawfir m.com Attention: This message is sent by a law firm and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete the message and any attachments.