Neodron LTD v. Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc.

Western District of Texas, txwd-6:2019-cv-00323

Unopposed MOTION to Stay Case - Defendants Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc.'s Unopposed Motion to Stay Action Pending ITC Determination by Samsung Electronics America, Inc., Samsung Electronics Co., Ltd.

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION NEODRON LTD., Plaintiff, v. Civil Action No. 6:19-cv-00323-ADA SAMSUNG ELECTRONICS CO., LTD. AND SAMSUNG ELECTRONICS AMERICA, INC. Defendants, DEFENDANTS SAMSUNG ELECTRONICS CO., LTD AND SAMSUNG ELECTRONICS AMERICA INC.'S UNOPPOSED MOTION TO STAY ACTION PENDING ITC DETERMINATION Defendants Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. (collectively "Samsung") respectfully moves this Court pursuant to 28 U.S.C. § 1659 and its inherent powers to control its docket for a stay of all proceedings in the above-captioned case until the determination of the United States International Trade Commission ("ITC") in a parallel proceeding becomes final, including appeals. Plaintiff Neodron Ltd. ("Neodron") does not oppose this motion. On May 21, 2019, Neodron filed its complaint against Samsung in this action ("the Texas action"), alleging infringement of United States Patent Nos. 8,432,173 ("'173 patent"); 8,791,910 ("'910 patent"); 9,024,790 ("'790 patent"); and 9,372,580 ("'580 patent") (collectively, "the patents-in-suit"). The next day, Neodron filed a complaint against Samsung, and other proposed Respondents, with the ITC ("the ITC action") asserting the patents-in-suit. The ITC instituted the investigation on June 19, 2019, as Investigation No. 337-TA-1162. 1 Pursuant to 28 U.S.C. § 1659 and the inherent powers of the Court to manage its docket, Samsung requests that the District Court stay the District Court Action until the resolution of all ITC proceedings between Neodron and Samsung, including appeals. According to the statute, a district court shall stay any infringement proceedings before it pending proceedings in front of the ITC when three factual prerequisites are met: (1) the civil action involves the parties that are also parties to a proceeding before the ITC; (2) the civil action involves the same issues as proceedings before the ITC; and (3) the request for a stay is made within 30 days of the ITC's institution of an investigation. 28 U.S.C. § 1659; see also In re Princo Corp., 486 F.3d 1365, 1368 (Fed. Cir. 2007). Here, Samsung is entitled to this statutory stay because all three requirements are met. First, Neodron is the plaintiff here and the complainant in the ITC Action, and Samsung is the defendant here and a respondent in the ITC Action. Second, the issues in this action are the same as the issues in the ITC Action. Indeed, there is no dispute that Neodron asserts the same claims of the same patents against Samsung's products in both actions. Third, Samsung made this request for stay within 30 days of the ITC's institution of its investigation. For the foregoing reasons, Samsung respectfully requests that the Court enter the attached, proposed order and stay all proceedings in this action until the resolution of all ITC proceedings between Neodron and Samsung, including appeals. 2 Dated: July 12, 2019 Respectfully submitted, /s/ Ryan K. Yagura Ryan K. Yagura (Tex. Bar No. 24075933) ryagura@omm.com O'MELVENY & MYERS LLP 400 S. Hope Street Los Angeles, CA 90071 Telephone: 213-430-6000 Facsimile: 213-430-6407 Counsel for Defendants Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. . 3 CERTIFICATE OF SERVICE The undersigned hereby certifies that all counsel of record who are deemed to have consented to electronic service are being served with a copy of this document via the Court's CM/ECF system per Local Rule CV-5(b)(1) on July 12, 2019. /s/ Ryan K. Yagura CERTIFICATE OF CONFERENCE This is to certify that counsel for Plaintiff and counsel for the Defendants complied with the meet and confer requirements of CV-7 on July 12, 2019 and Plaintiff does not oppose this motion. /s/ Ryan K. Yagura 4