`
`Philips 2002
`Microsoft v. Philips
`IPR2017-01766
`
`1
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`Case 1:15-cv-01126-GMS Document 8 Filed 02/11/16 Page 2 of 2 PagelD #: 148
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`Case 1:15-cv-01126-GMS Document 8 Filed 02/11/16 Page 2 of 2 PageID #: 148
`AO 399 (01/09) Waiver of the Service of Summons
`
`
`UNITED STATES DISTRICT COURT
`for the
`
`District of Delaware
`
`
`Koninklijke Philips N.V., U.S. Philips Corporation
`Plaintiff
`Vv.
`
`HTC Corp., HTC America
`Defendant
`
`)
`)
`)
`)
`)
`
`Civil Action No. 15-1126-GMS
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`WAIVEROF THE SERVICE OF SUMMONS
`
`To: DanielM. Silver _
`
`I have received your request to waive service of a summonsin this action along with a copyofthe complaint,
`two copiesof this waiver form, and a prepaid meansofreturning one signed copy ofthe form to you.
`
`I, or the entity I represent, agree to save the expense of serving a summons and complaintin this case.
`
`I understand that I, or the entity I represent, will keep all defenses or objections to the lawsuit, the court’s
`jurisdiction, and the venueofthe action, but that I waive any objections to the absence of a summonsorofservice.
`
`T also understandthatI, or the entity I represent, mustfile and serve an answeror a motion under Rule 12 within
`
`90 days from
`12/10/2015
`, the date when this request wassent (or 90 daysif it was sent outside the
`United States). If I fail to do so, a default judgmentwill be entered against meor the entity I represent.
`
`
`UTC Icaetoes ae Vincent eae .
`
`Printed nameofparty waiving service ofsummons
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`
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`
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`Printed name
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`
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`$9 3 Diss:Aiztes Ave. FA4420
`Address
`Sect iA Fgi of
`Vorcaxt Le e\.
`- Pn
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`E-mail address
`ES 4 eS OS
`
`Telephone number
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`Duty to Avoid Unnecessary Expenses of Serving a Summons
`Rule4 ofthe Federal Rules ofCivil Procedure requires certain defendants to cooperate in saving unnecessary expensesofserving a summons
`and complaint. A defendant whois located in the United States and whofails to return a signed waiverof service requested byaplaintiff located in
`the United States will be required to pay the expenses ofservice, unless the defendant shows good cause forthe failure.
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`“Good cause”does notinclude a belief that the lawsuit is groundless, or that it has been brought in an improper venue, or that the court has
`nojurisdiction overthis matter or over the defendantor the defendant’s property.
`
`If the waiveris signed and returned, you canstill make these andall other defenses and objections, but you cannotobjectto the absence of
`a summonsorof service.
`:
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`Ifyou waive service, then you must, within the time specified on the waiver form, serve an answeror a motion under Rule 12 on the plaintiff
`andfile a copy with the court. By signing and returning the waiver form,you are allowed moretime to respond thanif a summonshad beenserved.
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`2
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