American Patents LLC v. Mediatek, Inc. et al

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

REPLY to Response to Motion, filed by American Patents LLC, re 103 Opposed MOTION for Leave to File Reply to Lenovo's Supplemental Response on Personal Jurisdiction (Dkt. 102) filed by Plaintiff 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. REPLY TO RESPONSE TO MOTION FOR LEAVE TO FILE REPLY TO LENOVO'S SUPPLEMENTAL RESPONSE ON PERSONAL JURISDICTION (DKT. 102) According to Rule 3.3(a)(2) of the Model Rules of Professional Conduct, "[a] lawyer shall not knowingly fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel." It is unclear whether Lenovo knew about Celgard when it filed its supplemental response. But American Patents made clear during meet and confer that Lenovo's statement of the burden of proof was incorrect under that controlling Federal Circuit precedent. See Ex. B [Email Chain]. And, of course, the motion for leave that Lenovo is opposing makes that clear. Once Lenovo knew about Celgard, it was obligated to present this directly adverse case law to the Court. Lenovo not only failed to meet that obligation on its own—it actually opposes American Patents' efforts to do so. The motion for leave to file should be granted. Dated: May 8, 2019 Respectfully submitted, /s/ Michael D. Ellis 1 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 (903) 705-7369 fax Attorneys for American Patents LLC 2