American Patents LLC v. Mediatek, Inc. et al

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

Response in Opposition to Motion, filed by Lenovo (Shanghai) Electronics Technology Co. Ltd., Lenovo Group Ltd., 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, v. CIVIL ACTION NO. 6:18-CV-339-ADA 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. OPPOSITION OF SPECIALLY APPEARING DEFENDANTS LENOVO (SHANGHAI) ELECTRONICS TECHNOLOGY CO., LTD. AND LENOVO GROUP LTD. TO PLAINTIFF'S MOTION FOR LEAVE TO FILE A FURTHER BRIEF ON JURISDICTION Respectfully, the Court has already granted the parties supplemental briefing on the issue of jurisdiction, and collectively, the parties have already filed five briefs pertaining to the Lenovo Defendants' motion to dismiss. Plaintiff's supplemental brief (Dkt. 94) was more than 20 pages— yet now it seeks leave to burden the Court with even more pages. Plaintiff had ample opportunity in its 20+ pages of supplemental briefing to provide full explication regarding the burden of proof. Instead, Plaintiff elected to cite authorities inapplicable to patent infringement cases governed by Federal Circuit law. Plaintiff also elected to squander several pages of its 20+ pages of briefing on the service issue, which was not authorized by the Court. Those failings by Plaintiff are not an excuse to burden the Lenovo Defendants with further briefing, or for that matter the Court. -1- Respectfully, the Court should deny Plaintiff's motion for leave. If the Court is inclined to grant Plaintiff's motion for leave, however, the Lenovo Defendants respectfully request an opportunity, at the May 30, 2019 hearing, to fully address Plaintiff's further briefing during oral argument, including by reference to potential rebuttal authorities, even if not previously presented. If the Court requires that any rebuttal authorities be presented before the hearing, however, the Lenovo Defendants respectfully request leave to file a final response to Plaintiff's further briefing. This response would be no longer than Plaintiff's further briefing, and would be filed no later than two weeks before the hearing (i.e., Thursday, May 16). The Lenovo Defendants would also request that this response be the last briefing permitted on the matter of jurisdiction before the hearing. Dated: May 8, 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) 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 -2- 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 tqiu@sheppardmullin.com Attorneys for Specially Appearing Defendants Lenovo (Shanghai) Electronics Technology Co., Ltd. and Lenovo Group Ltd. -3- CERTIFICATE OF SERVICE I hereby certify that on May 8, 2019, a true and correct copy of the foregoing OPPOSITION OF SPECIALLY APPEARING DEFENDANTS LENOVO (SHANGHAI) ELECTRONICS TECHNOLOGY CO., LTD. AND LENOVO GROUP LTD. TO PLAINTIFF'S MOTION FOR LEAVE TO FILE A FURTHER BRIEF ON JURISDICTION was filed electronically. Notice of this filing will be sent by operation of the Court's electronic filing system to all parties indicated on the electronic filing receipt. All other parties will be served by regular U.S. Mail. Parties may access this filing through the Court's electronic filing system. /s/ Eric H. Findlay Eric H. Findlay -4-