Data Scape Limited v. Verizon Communications, Inc. et al

Western District of Texas, txwd-6:2019-cv-00312

STIPULATION As to Defendant Verizon Communications, Inc. by Verizon Connect, Inc. (Mann, J.)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION) DATA SCAPE LIMITED,)) Plaintiff,)) v.)) C.A. No. 6:19-cv-00312-ADA VERIZON COMMUNICATIONS, INC., and) VERIZON CONNECT,.,)) Defendants.)))) STIPULATION AS TO DEFENDANT VERIZON COMMUNICATIONS INC. Plaintiff Data Scape Limited ("Plaintiff") and Defendants Verizon Communications Inc. ("VCI"), and Verizon Connect stipulate as follows for purposes of this litigation only: 1. On May 20, 2019, Plaintiff filed suit against VCI and Verizon Connect for infringement of U.S. Patent No. 10,277,675, (the "patent-in-suit"). 2. VCI represents and warrants that: a. VCI is a holding company that does not make, market, advertise, sell, offer for sale, or otherwise provide goods or services to the public, anywhere, including any of the systems, products and/or services accused of infringement in the Complaint. To the extent that discovery in this case indicates otherwise, any evidence that VCI made, used, sold, offered for sale, imported into the United States, or contributed to or induced the infringement of any person or entity in the United States with respect to products that are accused of infringement in this action, any such acts will be treated for purposes of this litigation as if such acts had been conducted by Verizon Connect. b. Verizon Connect has the ability to pay any judgment. c. VCI believes it does not possess discoverable information relevant to this litigation. Verizon Connect agrees that for purposes of discovery in this case, it will not use the absence of VCI as a basis for withholding discovery. For purposes of discovery in this case, information in the possession, custody, or control of VCI shall be deemed in the possession, custody, or control of Verizon Connect and may not object to any such documents on authenticity grounds and agree that, to the extent a document constitutes a business record of VCI, such documents will be treated as a business record of Verizon Connect. However, Verizon Connect reserves all of its other rights, including the right to object to the relevance of any discovery sought by Plaintiff on any other grounds. To the extent that any officers of VCI are deposed, such individuals will be treated as employees of Verizon Connect for purposes of using deposition testimony as evidence at trial or in these proceedings. d. Verizon Connect will not use the dismissal of VCI to argue the absence of liability. Further Verizon Connect will not use the dismissal of VCI to argue that damages are in any way limited or lessened. e. Any Plaintiff communications with VCI regarding the patents-in-suit will be treated for purposes of this litigation as also with Verizon Connect. Any knowledge on VCI's part of the patent-in-suit will be attributed to Verizon Connect, provided however, that this provision shall not be construed in any way as an admission of "knowledge" by VCI or Verizon Connect. f. Verizon Connect will not rely on the dismissal of VCI, or absence of VCI, in any 2 way in this litigation. g. Should circumstances as assessed by Plaintiff suggest that VCI should be named as a party, Plaintiff reserves the right to seek the addition of VCI to the lawsuit. Verizon Connect will not oppose such a motion on the grounds that VCI was dismissed pursuant to this stipulation, and shall not rely on any delay or lapse of time from the period of dismissal as a basis to oppose addition. h. In reliance upon the representations and warranties made in paragraphs 2(a) – 2(g) above, Plaintiff agrees to dismiss VCI without prejudice as allowed under Rule 41(a)(1) of the Federal Rules of Civil Procedure. Dated: June 14, 2019 Respectfully submitted, /s/ Paul A. Kroeger /s/ J. Mark Mann Paul A. Kroeger (CA SBN 229074) J. Mark Mann Email: State Bar No. 12926150 Marc A. Fenster (CA SBN 181067) Email: G. Blake Thompson Reza Mirzaie (CA SBN 246953) State Bar No. 24042033 Email: Brian D. Ledahl (CA SBN 186579) MANN | TINDEL | THOMPSON Email: 300 West Main St. C. Jay Chung (CA SBN 252794) Henderson, Texas 75652 Email: Telephone: 903-657-8540 Philip X. Wang (CA SBN 262239) Facsimile: 903-657-6003 Email: RUSS AUGUST & KABAT Attorneys for Defendant Verizon Connect 12424 Wilshire Blvd., 12th Floor, Los Angeles, CA 90025 Telephone: (310) 826-7474 Facsimile: (310) 826-6991 Attorneys for Plaintiff Data Scape Limited 3 CERTIFICATE OF SERVICE FOR FILINGS The undersigned hereby certifies that a true and correct copy of the above and foregoing documents has been served on June 14, 2019, by causing a copy thereof, to be sent electronically, through the ECF system to the registered participants in this cases, as identified on the Notice of Electronic Filing (NEF). /s/ J. Mark Mann J. Mark Mann 4