American Patents LLC v. Mediatek, Inc. et al

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

ORDER Setting Hearing on 44 MOTION to Dismiss for Lack of Jurisdiction, and Improper Venue : Motion Hearing set for 4/11/2019 10:30 AM before Judge Alan D Albright. Signed by Judge Alan D Albright.

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FILED MAR i IN THE UNITED STATES DISTRICT COURT 22019 FOR THE WESTERN DISTRICT OF TEXAS a? WESTCJJT CLERK U.s. * WACO DIVISION AMERICAN PATENTS LLC, § Plaint iff § § v. § § MEDIATEK INC., MEDIATEK USA § INC., BROADCOM PTE. LTD., § BROADCOM CORPORATION, § Case No. 6:18-C V-00339-ADA LENOVO (SHANGHAI) § ELECTRONICS TECHNOLOGY § CO. LTD., LENOVO GROUP, LTD., § NXP SEMICONDUCTORS N.B., § NXP B.V., NXP USA INC., § QUALCOMM INCORPORATED, § and QUALCOMM § TECHNOLOGIES, INC., § Defendants § ORDER Came on for consideration this date the Motion of specially appearing Defendants Lenovo (Shanghai) Electronics Technology Co. Ltd. ("Lenovo Shanghai") and Lenovo Group Ltd. ("LGL") (collectively "Lenovo Defendants") to dismiss for improper service of process, lack of personal jurisdiction, and improper venue. The Motion was filed on January 13, 2019 (Docket No. 44). Plaintiff filed a Response on February 14, 2019 (Docket No. 68). Lenovo Defendants filed a Reply on March 7, 2019 (Docket No. 75). The Court finds that there is good cause to allow limited discovery into the issues concerning jurisdiction. The Court will permit Plaintiff to take the deposition of a corporate representative of the Movants on the following topics: 0 Whether the Lenovo Defendants manufacture, import, ship, distribute, sell, or otherwise place into the stream of commerce the accused products. Whether the information on is attributable to Defendant LGL. With respect to the accused products being sold by third parties, what the relationship of the Lenovo Defendants is to the third parties and whether the third parties are part of the Lenovo Defendants' "continuous, established distribution channels" to sell the accused products in Texas. Whether Lenovo (U.S.) is operating in concert with and at the direction of LGL. Whether LGL and Lenovo Shanghai have any contacts with the U.S., as a whole or otherwise, that give rise to Plaintiffs infringement cause of action, which is based on the alleged "making, having made, using, importing, providing, supplying, distributing, selling or offering for sale integrated circuits having advanced on-chip service capabilities." The role that Lenovo (U.S.)'s sales of the accused products in Texas are managed or controlled by its parent Lenovo Group. The deposition will take place on or before March 22, 2019. Plaintiff will file any supplemental briefing on the issue of jurisdiction on or before April 1, 2019. The specially appearing Defendants will file their response on or before April 8, 2019. The Court sets a hearing on all pending motions for 10:30 A1\/I, April 11, 2019. SIGNED and Entered this the 12th day of March 2019. ALAN D ALBRIGHT UNITED STATES DISTRICT JUDGE