American Patents LLC v. Mediatek, Inc. et al

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

Unopposed MOTION for Extension of Time to File Response/Reply as to 44 MOTION to Dismiss for Lack of Jurisdiction, and Improper Venue by Lenovo (Shanghai) Electronics Technology Co. Ltd., Lenovo Group Ltd.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION AMERICAN PATENTS LLC, Plaintiff, v. MEDIATEK INC., MEDIATEK USA INC., Civil Action No.: 6:18-CV-339 BROADCOM PTE. LTD., BROADCOM CORPORATION, LENOVO (SHANGHAI) JURY TRIAL DEMANDED ELECTRONICS TECHNOLOGY CO. LTD., LENOVO GROUP, LTD., NXP SEMICONDUCTORS N.V., NXP B.V., NXP USA, INC., QUALCOMM INCORPORATED and QUALCOMM TECHNOLOGIES, INC., Defendants. UNOPPOSED MOTION FOR EXTENSION OF TIME FOR SPECIALLY APPEARING DEFENDANTS LENOVO (SHANGHAI) ELECTRONICS TECHNOLOGY CO., LTD. AND LENOVO GROUP LTD. TO FILE A REPLY IN SUPPORT OF THEIR MOTION TO DISMISS FOR IMPROPER SERVICE OF PROCESS, LACK OF PERSONAL JURISDICTION, AND IMPROPER VENUE Specially Appearing Defendants Lenovo (Shanghai) Electronics Technology Co., Ltd. and Lenovo Group Ltd. (hereinafter "the Lenovo Defendants") hereby move the Court to extend the time within which they are required to file a reply in support of their Motion to Dismiss for Improper Service of Process, Lack of Personal Jurisdiction, and Improper Venue (Dkt. No. 44) ("Motion"). In support of this unopposed motion to extend, the Lenovo Defendants state as follows: 1. On January 31, 2019, the Lenovo Defendants filed their Motion and documents and evidence in support of the Motion (Dkt. Nos. 44-1 to 44-11). 2. On February 14, 2019, Plaintiff filed its Opposition to the Motion (Dkt. No. 68) ("Opposition"), along with documents and evidence in support of its Opposition. -1- 3. Under the current case schedule and applicable Local Rules, the Lenovo Defendants have seven days from February 14, 2019 (the date that Plaintiff's Opposition was filed), namely, until February 21, 2019, to file a reply. 4. On February 15, 2019, counsel for the Lenovo Defendants emailed counsel for Plaintiff requesting a two-week extension for the Lenovo Defendants to file a reply in support of their Motion. The requested two-week extension is sought not for purposes of delay, but for good cause, including that the Lenovo Defendants need the additional time, particularly in light of the upcoming U.S. President's Day holiday as well as the Lunar New Year holiday in China, to review Plaintiff's Opposition, complete the investigation of Plaintiff's positions contained therein as well as the documentary evidence Plaintiff submitted therewith, and prepare their response. 5. Counsel for the Lenovo Defendants have conferred with counsel for Plaintiff, and counsel for Plaintiff have stated that they do not oppose the requested extension. 6. WHEREFORE, Specially Appearing Defendants Lenovo (Shanghai) Electronics Technology Co., Ltd. and Lenovo Group Ltd. respectfully request that the time in which the Lenovo Defendants are required to file a reply in support of the Motion be extended to and include March 7, 2019. Dated: February 15, 2019 Respectfully submitted, By: /s/ Eric H. Findlay Eric H. Findlay 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 -2- Martin R. Bader (Admitted Pro Hac Vice) CA Bar No. 222865 Sheppard, Mullin, Richter & Hampton LLP 12275 El Camino Real, Suite 200 San Diego, CA 92130 858-720-7446 858-847-4883 – fax mbader@sheppardmullin.com Lai L. Yip (Admitted Pro Hac Vice) CA Bar No. 258029 Sheppard, Mullin, Richter & Hampton LLP Four Embarcadero Center, 17th Floor San Francisco, CA 94111 415-434-9100 415-434-3947 – fax lyip@sheppardmullin.com Toni Qiu (Admitted Pro Hac Vice) CA Bar No. 302268 Sheppard, Mullin, Richter & Hampton LLP Four Embarcadero Center, 17th Floor San Francisco, CA 94111 415-434-9100 415-434-3947 – fax tqiu@sheppardmullin.com ATTORNEYS FOR SPECIALLY APPEARING DEFENDANTS LENOVO (SHANGHAI) ELECTRONICS TECHNOLOGY CO., LTD. AND LENOVO GROUP LTD. CERTIFICATE OF SERVICE The undersigned hereby certifies that counsel of record who are deemed to have consented to electronic services are being served with a copy of this document via the Court's CM/ECF system per Local Rule CV-5(a)(3) on this the 15th day of February, 2019. By: /s/ Eric H. Findlay Eric H. Findlay -3-