Case 2:15-cv-00576-RWS-RSP Document 21 Filed 08/11/15 Page 1 of 6 PageID #: 292
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`CELLULAR COMMUNICATIONS
`EQUIPMENT LLC,
`
`
`Plaintiff,
`
`
`v.
`
`AT&T INC., et al.,
`
`
`Defendants.
`
`CELLULAR COMMUNICATIONS
`EQUIPMENT LLC,
`
`
`Plaintiff,
`
`
`v.
`
`SPRINT CORPORATION, et al.,
`
`
`Defendants.
`
`CELLULAR COMMUNICATIONS
`EQUIPMENT LLC,
`
`
`Plaintiff,
`
`
`v.
`
`T-MOBILE USA, INC., et al.,
`
`
`Defendants.
`
`
`
`Civil Action No. 2:15-cv-00576
`
`JURY TRIAL DEMANDED
`
`
`
`
`Civil Action No. 2:15-cv-00579
`
`JURY TRIAL DEMANDED
`
`
`
`
`Civil Action No. 2:15-cv-00580
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
`
`
`
`
`
`
`STIPULATION OF DISMISSAL WITHOUT PREJUDICE AS TO DEFENDANTS
`ZTE CORPORATION AND ZTE SOLUTIONS, INC.
`
`Plaintiff Cellular Communications Equipment LLC (“CCE”) and Defendants ZTE
`
`
`
`
`
`Corporation, ZTE (USA) Inc., and ZTE Solutions, Inc. submit the following Stipulation of
`
`Dismissal Without Prejudice as to Defendants ZTE Corporation and ZTE Solutions, Inc. and in
`
`
`
`Page 1
`
`CCE_EXHIBIT 2003
`
`

`

`Case 2:15-cv-00576-RWS-RSP Document 21 Filed 08/11/15 Page 2 of 6 PageID #: 293
`
`
`support thereof state:
`
`1.
`
`On April 30, 2015, Plaintiff CCE filed suit against ZTE Corporation, ZTE (USA) Inc.,
`
`ZTE Solutions, Inc., and others for infringement of U.S. Patent No. 8,457,022, U.S. Patent No.
`
`8,570,957, and U.S. Patent No. 8,867,472. On July 22, 2015, Plaintiff CCE filed an Amended
`
`Complaint against ZTE Corporation, ZTE (USA) Inc., ZTE Solutions, Inc., and others for
`
`infringement of the above patents, as well as U.S. Patent No. 8,457,676, U.S. Patent No.
`
`9,025,590, and U.S. Patent No. 9,078,262.
`
`2.
`
`ZTE Corporation, ZTE (USA) Inc., and ZTE Solutions, Inc. represent and warrant that:
`
`a.
`
`ZTE Corporation does not engage in activities under the Patent Act, 35 U.S.C. §§
`
`1-376, in the United States.
`
`b.
`
`ZTE Solutions, Inc. is formerly a corporation formed on or about July 20, 2010
`
`pursuant to the laws of the State of Delaware. It was dissolved on July 11, 2013, having
`
`never commenced business as an affiliate of ZTE Corporation and/or ZTE (USA), Inc. It
`
`has no employees, sales representatives, or distributors, and it does not instruct, direct, or
`
`control — and has never instructed, directed, or controlled — any aspect of the business
`
`activities of ZTE Corporation or ZTE (USA), Inc. Furthermore, ZTE Solutions, Inc. is,
`
`and has never been, responsible for or otherwise involved with the development,
`
`manufacture, or sale of ZTE wireless mobile devices.
`
`c.
`
`ZTE Corporation, ZTE (USA) Inc., and ZTE Solutions, Inc. agree that for
`
`purposes of discovery in the above-captioned lawsuits, witnesses, documents and
`
`information in the possession, custody, or control of ZTE Corporation or ZTE Solutions,
`
`Inc., or any of their respective subsidiaries, are deemed also to be in the possession,
`
`custody, and control of ZTE (USA) Inc. ZTE (USA) Inc. will not object to a request for
`
`deposition on the grounds that the prospective deponent is an employee of ZTE
`2
`
`
`
`Page 2
`
`

`

`Case 2:15-cv-00576-RWS-RSP Document 21 Filed 08/11/15 Page 3 of 6 PageID #: 294
`
`
`Corporation or ZTE Solutions, Inc., or any of their respective subsidiaries (though
`
`nothing in this stipulation prevents ZTE (USA) Inc. from objecting to a deposition on
`
`other grounds).
`
`d.
`
`CCE and ZTE (USA) Inc. agree that any depositions of the officers or employees
`
`of ZTE Corporation or its subsidiaries who reside outside the United States, including
`
`personal and corporate depositions pursuant to Federal Rules of Civil Procedure 30(b)(1)
`
`or 30(b)(6), respectively, will occur at a location mutually agreed to by the parties in
`
`Hong Kong. If the parties cannot reach agreement on the Hong Kong location, the issue
`
`shall be submitted to the Court for resolution consistent with procedures adopted by the
`
`Court for resolution of discovery disputes, and ZTE Corporation and ZTE (USA) Inc. and
`
`their respective deponents agree to abide by the decision of the Court. CCE and ZTE
`
`(USA) Inc. further agree to meet and confer in good faith in an attempt to resolve any
`
`disputes regarding the location of depositions prior to seeking resolution by the Court.
`
`For any such depositions taken in Hong Kong, ZTE (USA) Inc. agrees that CCE shall not
`
`be restricted to the use of U.S. consular or U.S. Embassy premises or consular officers for
`
`certification. The parties to this Stipulation further agree to waive any objection to a
`
`stenographer, provided the stenographer is authorized either under the law of the country
`
`in which the deposition is taken or is a notary public in one of the states, territories, or
`
`District of Columbia, of the United States.
`
`e.
`
`ZTE (USA) Inc. is the proper party to defend against allegations made in the
`
`above-captioned lawsuits. Furthermore, ZTE (USA) Inc. or any assignee of ZTE (USA)
`
`Inc. is able to satisfy any judgment in the above-captioned lawsuits against it. ZTE
`
`Corporation, ZTE (USA) Inc., ZTE Solutions, Inc. each warrant and represent that they
`
`will not take any action that will cause ZTE (USA), Inc. to be unable to fully satisfy any
`3
`
`
`
`Page 3
`
`

`

`Case 2:15-cv-00576-RWS-RSP Document 21 Filed 08/11/15 Page 4 of 6 PageID #: 295
`
`
`such judgment.
`
`f.
`
`Any and all claims or causes of action by CCE against ZTE Corporation or ZTE
`
`Solutions, Inc. relating to the patents-in-suit are tolled from the filing date of this
`
`dismissal and for such time as ZTE (USA) Inc. remains a party to any of the above-
`
`captioned lawsuits; and
`
`g.
`
`Upon being dismissed without prejudice from the above-captioned lawsuits, ZTE
`
`Corporation and ZTE Solutions, Inc. (as well as any successor-in-interest thereto) will not
`
`initiate a declaratory judgment action against CCE based on liability under the patents-in-
`
`suit.
`
`3.
`
`CCE expressly does not stipulate or agree to any of the foregoing facts, and reserves its
`
`right to dispute any of the foregoing factual representations.
`
`4.
`
`In reliance upon the representations and warranties made in paragraphs 2(a) – 2(g) above,
`
`CCE agrees to dismiss ZTE Corporation and ZTE Solutions, Inc. without prejudice from the
`
`above-captioned lawsuits as allowed under Rule 41(a)(2) of the Federal Rules of Civil
`
`Procedure.
`
`5.
`
`CCE has not released, and nothing in this Stipulation should be construed as a release or
`
`discharge of, any claim CCE has or may have in the future against any defendant named in this
`
`action or any other asserted infringer of the patents-in- suit. All other rights have been expressly
`
`reserved.
`
`
`
`Accordingly, CCE, ZTE Corporation, ZTE (USA) Inc., and ZTE Solutions, Inc. request
`
`that the Court enter the attached order dismissing ZTE Corporation and ZTE Solutions, Inc.
`
`without prejudice.
`
`
`
`
`
`
`
`4
`
`Page 4
`
`

`

`Case 2:15-cv-00576-RWS-RSP Document 21 Filed 08/11/15 Page 5 of 6 PageID #: 296
`
`
`Dated: August 11, 2015
`
`Respectfully submitted,
`
`/s/ Edward R. Nelson III
`
`Edward R. Nelson III
`ed@nelbum.net
`Texas State Bar No. 00797142
`S. Brannon Latimer
`brannon@nelbum.com
`Texas State Bar No. 24060137
`Thomas C. Cecil
`tom@nelbum.com
`Texas State Bar No. 24069489
`NELSON BUMGARDNER, P.C.
`3131 West 7th Street, Suite 300
`Fort Worth, Texas 76107
`Phone: (817) 377-9111
`Fax: (817) 377-3485
`
`T. John Ward, Jr.
`Texas State Bar No. 00794818
`J. Wesley Hill
`Texas State Bar No. 24032294
`Claire Abernathy Henry
`Texas State Bar No. 24053063
`WARD & SMITH LAW FIRM
`P.O. Box 1231
`1127 Judson Rd. Ste. 220
`Longview, Texas 75606-1231
`(903) 757-6400
`(903) 757-2323 (fax)
`jw@jwfirm.com
`wh@wsfirm.com
`ch@wsfirm.com
`
`ATTORNEYS FOR PLAINTIFF
`CELLULAR COMMUNICATIONS
`EQUIPMENT LLC
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Steven A. Moore
`
`Steven A. Moore
`steve.moore@pillsburylaw.com
`California SBN 232114
`Callie A. Bjurstrom
`callie.bjurstrom@pillsburylaw.com
`California SBN 137816
`Inge Larish
`inge.larish@pillsburylaw.com
`California SBN 276720
`Nicole S. Cunningham
`nicole.cunningham@pillsburylaw.com
`California SBN 234390
`Richard W. Thill
`richard.thill@pillsburylaw.com
`California SBN 236409
`PILLSBURY WINTHROP SHAW
`PITTMAN LLP
`501 West Broadway, Suite 1100
`San Diego, CA 92101-3575
`(619) 234-5000
`(619) 236-1995 (fax)
`
`ATTORNEY FOR DEFENDANTS
`ZTE CORP., ZTE (USA), AND
`ZTE SOLUTIONS, INC.
`
`
`5
`
`Page 5
`
`

`

`Case 2:15-cv-00576-RWS-RSP Document 21 Filed 08/11/15 Page 6 of 6 PageID #: 297
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the foregoing document was filed
`
`electronically in compliance with Local Rule CV-5 on this 11th day of August, 2015. As of this
`date all counsel of record have consented to electronic service and are being served with a copy
`of this document through the Court’s CM/ECF system under Local Rule CV-5(a)(3)(A).
`
`
`
`
`
`
`
`
`
`/s/ Edward R. Nelson III
`
`6
`
`Page 6
`
`

`

`Case 2:15-cv-00576-RWS-RSP Document 21-1 Filed 08/11/15 Page 1 of 2 PageID #: 298
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`CELLULAR COMMUNICATIONS
`EQUIPMENT LLC,
`
`
`Plaintiff,
`
`
`v.
`
`AT&T INC., et al.,
`
`
`Defendants.
`
`CELLULAR COMMUNICATIONS
`EQUIPMENT LLC,
`
`
`Plaintiff,
`
`
`v.
`
`SPRINT CORPORATION, et al.,
`
`
`Defendants.
`
`CELLULAR COMMUNICATIONS
`EQUIPMENT LLC,
`
`
`Plaintiff,
`
`
`v.
`
`T-MOBILE USA, INC., et al.,
`
`
`Defendants.
`
`
`
`Civil Action No. 2:15-cv-00576
`
`JURY TRIAL DEMANDED
`
`
`
`
`Civil Action No. 2:15-cv-00579
`
`JURY TRIAL DEMANDED
`
`
`
`
`Civil Action No. 2:15-cv-00580
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
`
`
`
`
`
`
`
`STIPULATED ORDER OF DISMISSAL WITHOUT PREJUDICE OF
`DEFENDANTS ZTE CORPORATION AND ZTE SOLUTIONS, INC.
`
`Before the Court is the Stipulation of Dismissal Without Prejudice as to Defendants ZTE
`
`
`
`
`
`
`Corporation and ZTE Solutions, Inc. submitted by Plaintiff Cellular Communications Equipment
`
`LLC and Defendants ZTE Corporation, ZTE (USA) Inc., and ZTE Solutions, Inc.
`
`Page 7
`
`

`

`Case 2:15-cv-00576-RWS-RSP Document 21-1 Filed 08/11/15 Page 2 of 2 PageID #: 299
`
`
`
`Pursuant to stipulation of the parties, it is hereby ordered that ZTE Corporation and ZTE
`
`Solutions, Inc. are dismissed from this action without prejudice.
`
`Page 8
`
`