American Patents LLC v. Mediatek, Inc. et al

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

RESPONSE to 130 Notice (Other), 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. AMERICAN PATENTS' RESPONSE TO LENOVO'S NOTICE ABOUT ITS RECONSIDERATION MOTION Inexplicably, Lenovo has doubled down on its meritless motion for reconsideration of this Court's order requiring Lenovo to provide jurisdictional discovery. Lenovo filed a notice late tonight about its motion for reconsideration, in which it claims that American Patents "has failed to timely file an opposition to that motion." Dkt. 130. Lenovo did not contact counsel for American Patents before filing the notice. In the notice, Lenovo claims that its motion for reconsideration was filed on July 17, making American Patents' response due "five days ago." Id. Not even close. Lenovo's reconsideration motion was only filed in the sense used by the Local Rules this past Friday. Lenovo moved for leave to file its reconsideration motion under seal on July 17, attaching the reconsideration motion as an exhibit thereto. Dkt. 125. Under Local Rule CV-7(b), when a party seeks leave to file a motion—as Lenovo did here—and that motion is granted, the clerk then files the motion. Only then does the time to respond begin to run: "After leave is granted, any applicable time limits triggered by the pleading, motion, or other submission shall run from the filing of the pleading, motion, or other submission by the clerk or otherwise." Local Rule CV-7(b) (emphasis added). 1 Lenovo's sealed motion for reconsideration was not filed by the clerk until Friday, July 26—one court day ago. Dkt. 128. So the deadline to respond to that motion is not until this Friday, August 2. American Patents nevertheless will respond to Lenovo's reconsideration motion well before that deadline, so that the Court can promptly act on Lenovo's willful and unjustifiable non-compliance with its jurisdictional discovery order. Dated: July 29, 2019 Respectfully submitted, /s/ Larry D. Thompson, Jr. Matthew J. Antonelli (admission pending) Texas Bar No. 24068432 matt@ahtlawfirm.com Zachariah S. Harrington Texas Bar No. 24057886 zac@ahtlawfirm.com Larry D. Thompson, Jr. 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 2 102 North College Avenue, 13th Floor Tyler, Texas 75702 (903) 593-7000 (903) 705-7369 fax Attorneys for American Patents LLC 3