`
`Philips 2001
`Microsoft v. Philips
`IPR2017-01766
`
`1
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`
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`Case 1:15-cv-01126-GMS Document 7 Filed 02/11/16 Page 2 of 2 PageID #: 146
`Case 1:15-cv-01126—GMS Document 7 Filed 02/11/16 Page 2 of 2 PageID #: 146
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`A0 399 (01/09) Waiver of the Service of Summons
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`
`UNITED STATES DISTRICT COURT
`for the
`
`District of Delaware
`
` Vvvvv
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`HTC Com, HTC America
`Defendant
`
`Plaintiff
`V
`
`Civil Action No. 15-1126-GMS
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`WAIVER OF THE SERVICE OF SUMMONS
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`To:
`
`
`D___a_r_tie| M. Silver
`_
`_
`flame ofthe plaintiff's attorney or unrepresentedplaintiff)
`
`I have received your request to waive service of a summons in this action along with a copy of the complaint,
`two copies of this waiver form, and a prepaid means of returning one signed copy of the form to you.
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`I, or the entity I represent, agree to save the expense of serving a summons and complaint in this case.
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`I understand that I, or the entity I represent, will keep all defenses or objections to the lawsuit, the court’s
`jurisdiction, and the venue of the action, but that I waive any objections to the absence of a summons or of service.
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`I also understand that I, or the entity I represent, must file and serve an answer or a motion under Rule 12 within
`
`90 days from
`12/10/2015
`, the date when this request was sent (or 90 days if it was sent outside the
`United States). If I fail to do so, a default judgment will be entered against me or the enti
`represent.
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`
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`
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`7 TC Q3)" Q—
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`Printed name ofparty waiving service ofsummons
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`Signature ofthe attorney or unrepresented party
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`l/dAceJE LM
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`Printed name
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`.
`420.99 See’ftehm .A
`
`
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`Viflw‘i'\Am@(’\"VZ-L2«/\
`
`
`E—mail address
`A, 386(o> 5637??sz
`Telephone number
`
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`Duty to Avoid Unnecessary Expenses of Serving a Summons
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`Rule 4 ofthe Federal Rules ofCivil Procedure requires certain defendants to cooperate in saving unnecessary expenses ofserving a summons
`and complaint. A defendant who is located in the United States and who fails to return a signed waiver of service requested by a plaintiff located in
`the United States will be required to pay the expenses of service, unless the defendant shows good cause for the failure.
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`“Good cause” does not include a belief that the lawsuit is groundless. or that it has been brought in an improper venue, or that the court has
`no jurisdiction over this matter or over the defendant or the defendant’s property.
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`If the waiver is signed and returned. you can still make these and all other defenses and objections, but you cannot object to the absence of
`a summons or of service.
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`Ifyou waive service, then you must, within the time Specified on the waiver fonn, serve an answer or a motion under Rule 12 on the plaintiff
`and file a copy with the court. By signing and returning the waiver form, you are allowed more time to respond than if a summons had been served.
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`2
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