American Patents LLC v. Mediatek, Inc. et al

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

Opposed MOTION for Leave to File Reply to Lenovo's Supplemental Response on Personal Jurisdiction (Dkt. 102) by American Patents LLC.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION AMERICAN PATENTS LLC, Plaintiff, CIVIL ACTION NO. 6:18-CV-339-ADA v. PATENT CASE MEDIATEK INC., et al., JURY TRIAL DEMANDED Defendants. PLAINTIFF'S OPPOSED MOTION FOR LEAVE TO FILE REPLY TO LENOVO'S SUPPLEMENTAL RESPONSE ON PERSONAL JURISDICTION (DKT. 102) Pursuant to Local Rule CV-7(f)(1), Plaintiff American Patents respectfully requests leave to file a four-page reply to Defendants Lenovo (Shanghai) Electronics Technology Co., Ltd. and Lenovo Group Ltd.'s (collectively, "Lenovo") supplemental response in support of its motion to dismiss for lack of personal jurisdiction (Dkt. 102). American Patents seeks leave to file this short reply to address a single, purely legal issue: the burden of proof when deciding a personal jurisdiction motion after limited jurisdictional discovery, but without an evidentiary hearing. Lenovo's supplemental response rests on an argument that jurisdictional discovery alone—even absent an evidentiary hearing—automatically elevates a plaintiff's burden from prima facie to a preponderance of the evidence. Dkt. 102 at 1-2. Lenovo incorrectly states the burden that applies in this case under Federal Circuit precedent. See Celgard, LLC v. SK Innovation Co., Ltd., 792 F.3d 1373, 1378 (Fed. Cir. 2015) (rejecting "the exception in Pieczenik" and continuing to apply a prima facie burden, even after jurisdictional discovery, when "the parties do not agree on the jurisdictional facts" and "no jurisdictional hearing [wa]s 1 conducted"). American Patents submits its proposed reply, attached as Exhibit A to this motion, to address this threshold issue well before the motions hearing set for later this month. Counsel for American Patents has conferred with counsel for Lenovo, and Lenovo is opposed to this motion. Dated: May 8, 2019 Respectfully submitted, /s/ Michael D. Ellis Matthew J. Antonelli (admission pending) Texas Bar No. 24068432 matt@ahtlawfirm.com Zachariah S. Harrington (admission pending) Texas Bar No. 24057886 zac@ahtlawfirm.com Larry D. Thompson, Jr. (admission pending) Texas Bar No. 24051428 larry@ahtlawfirm.com Christopher Ryan Pinckney (admission pending) Texas Bar No. 24067819 ryan@ahtlawfirm.com Michael D. Ellis Texas Bar No. 24081586 michael@ahtlawfirm.com ANTONELLI, HARRINGTON & THOMPSON LLP 4306 Yoakum Blvd., Ste. 450 Houston, TX 77006 (713) 581-3000 Stafford Davis State Bar No. 24054605 sdavis@stafforddavisfirm.com Catherine Bartles Texas Bar No. 24104849 cbartles@stafforddavisfirm.com THE STAFFORD DAVIS FIRM The People's Petroleum Building 102 North College Avenue, 13th Floor Tyler, Texas 75702 (903) 593-7000 2 (903) 705-7369 fax Attorneys for American Patents LLC 3