American Patents LLC v. Mediatek, Inc. et al

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

Exhibit H - Email and Proofs of Service

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EXHIBIT H From: Ryan Pinckney Sent: Wednesday, December 26, 2018 10:23 PM To: Anup Shah1 <ashah1@lenovo.com> Cc: Larry Thompson <larry@ahtlawfirm.com>; Zac Harrington <zac@ahtlawfirm.com>; Jennifer Salinas1 <jsalinas1@lenovo.com>; Jennifer Garrison <jgarrison@lenovo.com> Subject: Re: [External] Re: American Patents Anup, Substituted service on the Texas Secretary of State is proper under Texas law where, as is the case here, a company conducts business in the State of Texas but does not maintain a designated agent for service. As stated in response to your initial request for an extension until the end of January, we would be amenable to such an extension only if Lenovo agrees to waive its challenges to service. As it appears you are declining that offer, we will file a request for a standard 30-day extension for the two Lenovo entities, which will put their response date at January 9, 2019. Please let me know if you have any questions. Thanks, Ryan Sent from my iPhone On Dec 26, 2018, at 9:00 PM, Anup Shah1 <ashah1@lenovo.com> wrote: Ryan, Thanks for the information. I'm not familiar with "substituted service"? Is that something you requested from the court? If so, please send everything that American Patents filed with the court, as well as any orders issued by the court. If you're contending that the two foreign Lenovo entities that are not subject to personal jurisdiction in the U.S. were served via the Texas Secretary of State and that they had a response date of December 10, I'm not sure why they'd need to waive "formal foreign service." In any event, to the extent they actually had a response date of December 10, they will accept the 30 day extension. Thanks, <image001.gif> Anup M. Shah <image002.gif>919-257-4985 <image005.gif> Intellectual Property Counsel Lenovo <image003.gif>919-931-9980 <image004.gif>ashah1@lenovo.com Lenovo.com Twitter | Facebook | Instagram | Blogs | Forums 1 From: Ryan Pinckney <ryan@ahtlawfirm.com> Sent: Wednesday, December 26, 2018 5:03 PM To: Anup Shah1 <ashah1@lenovo.com> Cc: Larry Thompson <larry@ahtlawfirm.com>; Zac Harrington <zac@ahtlawfirm.com>; Jennifer Salinas1 <jsalinas1@lenovo.com>; Jennifer Garrison <jgarrison@lenovo.com> Subject: [External] Re: American Patents Hi Anup, Yes, the two Lenovo entities mentioned in your email were served through substituted service on the Texas Secretary of State on November 19, as shown in the attached proofs of service. This put the Lenovo entities' answer or response date at December 10. American Patents is amenable to an extension to the end of January in exchange for a waiver of formal foreign service. Otherwise, American Patents would be happy to grant the standard 30 day extension to the two Lenovo entities. Please let me know if you have any questions. Thanks, Ryan Pinckney 2 AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2) Civil Action No. 6: 18-CV-339 PROOF OF SERVICE (This section should not be.filed with the court unless required by Fed. R. Civ. P. 4 (l)) This summons for (name of individual and title, if any) Lenovo Group Ltd. SERVE: Service of Process, Texas Secretary of State was received by me on (date) Nov 17, 2018, 1:07 pm. I personally served the summons on the individual at (p l a c e) - - - - - - - - - on (date); or ---------- D I left the summons at the individual's residence or usual place of abode with (n a m e) - - - - - - - - -, a person of suitable age and discretion who resides there, on (date) - - - - - - - - - -, and mailed a copy to the individual's last known address; or I served the summons on (name qf individual) Web Jerome, who is designated by law to accept service of process on behalf of (name of organization) Lenovo Group Ltd. SERVE: Service of Process, Texas Secretary of State on (date) Nov 19 2018; or I returned the summons unexecuted because: ---------; or Oilicr: ---------;m My fees are $ --------- for travel and $ --------- for services, for a total of $ I declare under penalty of perjury that this information is true. Date: I l /20/2018 Server's signature Kevin Blandford Printed name and title 1133 13th St NW, Ste. C4, Washington, DC 20005 Server's address Additional information regarding attempted service, etc.: I) Successful Attempt: Nov 19, 2018, 12:54 pm CST at 1019 Brazos St Room 105, Austin, TX 78701 received by Web Jerome. Age: 29; Ethnicity: African American; Gender: Female; Weight: 106; Height: 5' 1"; Hair: Black; Relationship: Process Intake Specialist; Other: DOCUMENTS SERVED: Summons in a Civil Action and Original Complaint for Patent Infringement; AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2) Civil Action No. 6:18-CV-339 PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) This summons for (name of individual and title, if any) Lenovo (Shanghai) Electronics Technology Co. Ltd. SERVE: Service of Process, Texas Secretary of State was received by me on (date) Nov 17, 2018, 1:07 pm. I personally served the summons on the individual at (p l a c e) - - - - - - - - - on (date) __________; or I left the summons at the individual's residence or usual place of abode with (n a m e) - - - - - - - - -, a person of suitable age and discretion who resides there, on (d a t e) - - - - - - - - -, and mailed a copy to the individual's last known address; or I served the summons on (name of individual) Web Jerome, who is designated by law to accept service of process on behalf of (name of organization) Lenovo (Shanghai) Electronics Technology Co. Ltd. SERVE: Service of Process, Texas Secretary of State on (date) Nov 19 2018; or I returned the summons unexecuted because: _ _ _ _ _ _ _ _ _; or OiliIT: ---------;m My fees are $ --------- for travel and $ --------- for services, for a total of $ I declare under penalty of perjury that this information is true. Date: l I /20/2018 Server's signature Kevin Blandford Printed name and title 1133 13th St NW, Ste. C4, Washington, DC 20005 Server's address Additional information regarding attempted service, etc.: I) Successful Attempt: Nov 19, 2018, 12:54 pm CST atl019 Brazos St Room 105, Austin, TX 78701 received by Web Jerome. Age: 29; Ethnicity: African American; Gender: Female; Weight: 106; Height: 5' I"; Hair: Black; Relationship: Process Intake Specialist; Other: DOCUMENTS SERVED: Summons in a Civil Action and Original Complaint for Patent Infringement;