`
`IN THE UNITED STATES DISTRICT COURT
`DISTRICT OF DELAWARE
`
`
`
`Civil Action No. 23-cv-1237-GBW
`
`
`
`
`
`
`NOKIA TECHNOLOGIES OY,
`
`Plaintiff,
`
`
`
`v.
`
`
`HP, INC.,
`
`
`
`
`
`
`Defendant.
`
`
`PLAINTIFF NOKIA TECHNOLOGIES OY’S MOTION TO DISMISS
`DEFENDANT/COUNTERCLAIMANT HP, INC.’S COUNTERCLAIMS
`
`Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, Plaintiff Nokia
`
`Technologies Oy moves this Court for an Order (i) dismissing Count II with prejudice because the
`
`ITU policies do not prohibit a party from seeking injunctive relief; (b) dismissing Counts I and III-
`
`VII without prejudice because HP did not meet its burden to plead essentiality in any of its claims,
`
`and failed to identify a relevant product market and excluded competing technologies in
`
`connection with Count IV. The grounds for this Motion are set forth in the contemporaneously
`
`filed Opening Brief in support.
`
`Dated: February 1, 2024
`
`1
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/S/ Michael J. Farnan
`FARNAN LLP
`Brian E. Farnan (Bar No. 4089)
`Michael J. Farnan (Bar No. 5165)
`919 N. Market St. 12th Floor
`Wilmington DE 19801
`Tel.: (302) 777-0300
`bfarnan@farnanlaw.com
`mfarnan@farnanlaw.com
`
`MCKOOL SMITH, P.C.
`
`Warren H. Lipschitz*
`Alexandra F. Easley*
`
`
`
`Case 1:23-cv-01237-GBW Document 18 Filed 02/01/24 Page 2 of 2 PageID #: 1996
`
`
`
`
`
`300 Crescent Ct. Ste. 1200
`Dallas, TX 75224
`Tel.: (214) 978-4000
`wlipschitz@mckoolsmith.com
`aeasley@mckoolsmith.com
`
`R. Mitch Verboncoeur*
`303 Colorado St Suite 2100
`Austin, TX 78701
`Tel.: (512) 692-8700
`mverboncoeur@mckoolsmith.com
`
`Josh Newcomer*
`600 Travis St., Suite 7000
`Houston, Texas 77002
`Tel.: (713) 485-7300
`jnewcomer@mckoolsmith.com
`
`Kevin Burgess*
`104 East Houston St., Suite 300
`Marshall, Texas 75670
`Tel.: (903) 923-9000
`kburgess@mckoolsmith.com
`
`ALSTON & BIRD LLP
`
`Theodore Stevenson, III*
`2200 Ross Ave. #2300
`Dallas, TX 75201
`Tel.: (214) 922-3400
`ted.stevenson@alston.com
`
`John D. Haynes*
`Nicholas T. Tsui*
`Shawn Gannon*
`1201 West Peachtree Street
`Atlanta, GA 30309
`Tel.: (404) 881-7000
`john.haynes@alston.com
`nick.tsui@alston.com
`shawn.gannon@alston.com
`
`*Rule 83.5 motions for pro hac vice
`admission forthcoming
`
`
`
`
`
`2
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
