American Patents LLC v. Mediatek, Inc. et al

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

NOTICE SPECIALLY APPEARING LENOVO DEFENDANTS NOTICE OF PLAINTIFFS NON-OPPOSITION TO MOTION FOR PROTECTIVE ORDER, RECONSIDERATION, AND STAY (DKT. 125) by Lenovo (Shanghai) Electronics Technology Co. Ltd., Lenovo Group Ltd. re Order on Motion for Leave to File Sealed Document

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION AMERICAN PATENTS LLC, CIVIL ACTION NO. 6:18-CV-339-ADA Plaintiff, v. 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. SPECIALLY APPEARING LENOVO DEFENDANTS' NOTICE OF PLAINTIFF'S NON-OPPOSITION TO MOTION FOR PROTECTIVE ORDER, RECONSIDERATION, AND STAY (DKT. 125) Specially Appearing Defendants Lenovo (Shanghai) Electronics Technology Co., Ltd. and Lenovo Group Ltd. (the "Lenovo Defendants") hereby give notice that Plaintiff American Patents has failed to timely file an opposition to the Lenovo Defendants' Motion for Protective Order, Reconsideration, and Stay (Dkt. 125, hereinafter "Motion") - and that the Court may, pursuant to Civil Local Rule 7-2(e), grant the Motion as unopposed. Under Civil Local Rule 7-2(e), "A response to a nondispositive motion shall be filed not later than 7 days after the filing of the motion. If there is no response filed within the time period prescribed by this rule, the court may grant the motion as unopposed." Under Civil Local Rule 7(c), "a 'dispositive motion' is a motion to dismiss, a motion for judgment on the pleadings, a –1– motion for summary judgment or partial summary judgment, a motion for new trial, or a motion for judgment as a matter of law," none of which apply here. The Lenovo Defendants' Motion is a nondispositive motion (see Civ. L.R. 7-2(c)), which was filed on July 17, 2019. Plaintiff's opposition was therefore due on July 24, 2019, approximately five days ago. Id. Plaintiff has not filed any opposition to the Motion. Consequently, because "there is no response filed within the time period prescribed by this rule, the court may grant the motion as unopposed." Civ. L.R. 7-2(e). Dated: July 29, 2019 Respectfully submitted, /s/ Eric H. Findlay Eric H. Findlay Texas 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 Bader (Admitted Pro Hac Vice) Michael J. Hopkins (Admitted Pro Hac Vice) SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 12275 El Camino Real, Suite 200 San Diego, CA 92130-4092 (858) 720-8900 (858) 509-3691 (Fax) mbader@sheppardmullin.com mhopkins@sheppardmullin.com Lai L. Yip (Admitted Pro Hac Vice) Toni Qiu (Admitted Pro Hac Vice) SHEPPARD, MULLIN, RICHTER & HAMPTON LLP Four Embarcadero Center, 17th Floor San Francisco, CA 94111 (415) 434-9100 (415) 434-3947 (Fax) lyip@sheppardmullin.com –2– tqiu@sheppardmullin.com Attorneys for Specially Appearing Defendants Lenovo (Shanghai) Electronics Technology Co., Ltd. and Lenovo Group Ltd. CERTIFICATE OF SERVICE I certify that the foregoing document is being served via the Court's CM/ECF system on July 29, 2019, on all counsel of record who consent to electronic service per Local Rule CV-5(a)(3) or, otherwise, as required by local and federal rules. /s/ Eric H. Findlay Eric H. Findlay –3–