Case 1:22-cv-00249-CFC Document 35 Filed 02/15/24 Page 1 of 4 PageID #: 366
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`SWIRLATE IP LLC,
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`Plaintiff,
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`v.
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`QUANTELA, INC
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`Defendant.
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`SWIRLATE IP LLC,
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`Plaintiff,
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`v.
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`LANTRONIX, INC.
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`Defendant.
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`) Civ. No. 22-235-CFC
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`) Civ. No. 22-249-CFC
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`MEMORANDUM ORDER
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`WHEREAS the Court issued a Memorandum Order in these cases on
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`January 23, 2024 (Civ. No. 22-235, D.I. 32; Civ. No. 22-249, D.I. 33); 1
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`WHEREAS Plaintiff filed a Motion for Clarification and/or Modification of
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`the Court's January 23, 2024 order and a Request for Extension (D.I. 33);
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`1 Hereafter, all docket citations are to Civ. No. 22-235.
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`Case 1:22-cv-00249-CFC Document 35 Filed 02/15/24 Page 2 of 4 PageID #: 367
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`NOW THEREFORE, at Wilmington on this Fifteenth day of February in
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`2024, it is HEREBY ORDERED that Plaintiff's Motion (D.1. 33) is GRANTED IN
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`PART AND DENIED IN PART. It is FURTHER ORDERED that this
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`Memorandum Order modifies and supersedes the January 23, 2024 Memorandum
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`Order and that any relief sought by the Motion not explicitly addressed by the
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`modified provisions below is denied.
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`Plaintiff shall produce to the Court no later than March 14, 2024 copies of
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`the following documents and communications that are in the possession, custody,
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`and control of Swirlate IP LLC, Dina Gamez, David R. Bennett, Direction IP Law
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`LLC, Jimmy Chong, and the Chong Law Firm:
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`1) Any and all retention letters and/or agreements between Swirlate IP LLC
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`and Direction IP Law LLC or the Chong Law Firm.
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`2) Any and all communications and correspondence, including emails and text
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`messages, that Dina Gamez had with David R. Bennett, Direction IP Law
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`LLC, Jimmy Chong, and the Chong Law Firm Mavexar LLC, IP Edge LLC,
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`Linh Deitz, Papool Chaudhari, and/or any representative ofMavexar LLC
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`and/or IP Edge LLC regarding:
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`a)
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`The nature, scope, and likelihood of any liability, including but
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`not limited to attorney fees, expenses, and litigation costs,
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`2
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`Case 1:22-cv-00249-CFC Document 35 Filed 02/15/24 Page 3 of 4 PageID #: 368
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`Swirlate IP LLC could incur as a result of its acquisition of
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`and/or assertion in litigation of any patent;
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`b)
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`U.S. Patent Nos. 7,154,961 and 7,567,622 as they relate to these
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`cases;
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`c)
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`The retention of Direction IP Law LLC and the Chong Law
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`Firm to represent Swirlate IP LLC in these cases;
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`The settlement or potential settlement of these cases;
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`The dismissal of these cases; and
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`The cancelled December 6, 2022 hearing.
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`d)
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`e)
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`t)
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`3) Any and all communications and correspondence, including emails and text
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`messages, that David R. Bennett, Jimmy Chong, any employee or
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`representative of Direction IP Law LLC or The Chong Firm had with
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`Mavexar LLC, IP Edge LLC, Linh Dietz, Papool Chaudhari, and/or any
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`representative ofMavexar LLC and/or IP Edge LLC regarding:
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`a)
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`b)
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`The formation of Swirlate IP LLC;
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`The nature, scope, and likelihood of any liability, including but
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`not limited to attorney fees, expenses, and litigation costs,
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`Swirlate IP LLC could incur as a result of its acquisition of
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`and/or assertion in litigation of any patent;
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`3
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`Case 1:22-cv-00249-CFC Document 35 Filed 02/15/24 Page 4 of 4 PageID #: 369
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`c)
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`U.S. Patent Nos. 7,154,961 and 7,567,622 as they relate to these
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`cases;
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`d)
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`The retention of Direction IP Law LLC and the Chong Law
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`Fi1m to represent Swirlate IP LLC in these cases;
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`The settlement or potential settlement of these cases;
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`The dismissal of these cases; and
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`e)
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`f)
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`g)
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`The cancelled December 6, 2022 hearing.
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`Swirlate is granted leave to submit under seal responsive documents that it
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`has good cause to believe should be submitted under seal. For any document
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`submitted under seal, Swirlate should identify with specificity in a cover letter the
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`reasons that Swirlate has submitted the document under seal. Swirlate shall also
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`cite case law to support its position that any particular document should be
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`maintained under seal.
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`EF JUDGE
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`4
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