Case 1:18-cv-00826-WCB Document 69 Filed 03/26/19 Page 1 of 2 PageID #: 1459
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`March 26, 2019
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`VIA E-FILING
`The Honorable William C. Bryson
`United States Court of Appeals for the Federal Circuit
`717 Madison Place, N.W.
`Washington, D.C. 20439
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`
`Re:
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`Ingenico, Inc. v. IOENGINE, LLC, C.A. No. 18-826 (WCB)
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`Dear Judge Bryson:
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`I write on behalf of Defendant/Counterclaim Plaintiff IOENGINE, LLC (“IOENGINE”)
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`in the above-referenced matter. On October 9, 2018, Plaintiff Ingenico Inc. and Counterclaim
`Defendants Ingenico Inc., Ingenico Corp. and Ingenico Group S.A. (collectively, “Ingenico”) filed
`a Motion to Dismiss IOENGINE’s Counterclaims (D.I. 26, the “Motion”). As part of the Motion,
`Ingenico argued that the Court lacked personal jurisdiction over Ingenico Group S.A. (“Ingenico
`France”) (D.I. 27 at 1). On January 25, 2019, after full briefing and argument, the Court denied
`Ingenico’s Motion, pending jurisdictional discovery as to Ingenico France (D.I. 55 at 23). In
`accordance with the Court’s Order, on February 12, 2019, IOENGINE served special requests for
`production of documents regarding jurisdiction and special interrogatories regarding jurisdiction
`on Ingenico France (D.I. 64).
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`Three days before Ingenico France should have provided responses to the jurisdictional
`discovery served by IOENGINE, on March 11, 2019, counsel for Ingenico alerted counsel for
`IOENGINE (but not the Court) that Ingenico France would no longer be contesting jurisdiction;
`instead, Ingenico France would consent to personal jurisdiction for the purposes of this lawsuit.
`On March 12, 2019, counsel for IOENGINE responded and proposed that in light of Ingenico
`France’s consent to jurisdiction, Ingenico France should answer IOENGINE’s Counterclaims by
`March 26, 2019, consistent with Federal Rule of Civil Procedure Rule 12(a)(4), which provides
`for a responsive pleading 14 days after disposition of a Rule 12 motion. Notwithstanding the fact
`that IOENGINE’s Counterclaims were filed on August 17, 2018 (D.I. 12) and that Ingenico Inc.
`and Ingenico Corp. filed their answers to such Counterclaims on March 11, 2019 (D.I. 68), counsel
`for Ingenico France refused to file its answer to the Counterclaims by March 26, 2019, or to
`provide a date certain by which Ingenico France would file an answer. The parties met and
`conferred on this issue on March 22, 2019, and as of the date of this filing, Ingenico France has
`refused to provide IOENGINE with a date certain by which it will file its answer. Ingenico France
`has likewise refused to provide IOENGINE with a date certain by which it will produce its core
`technical documents pursuant to Rule 4(b) of the Delaware Default Standard for Discovery.
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`Once it withdrew its motion and consented to jurisdiction, Ingenico France had an
`obligation under the Federal Rules of Civil Procedure to answer the Counterclaims and to fulfill
`its obligations under the Local Rules. It has not done so. Ingenico France’s response has been
`that it needs more time to comply because of the “March holiday season” in France; but Ingenico
`France has had the Counterclaims for more than seven months, consented to jurisdiction more than
`two weeks ago, and undoubtedly knew that it would be consenting to jurisdiction (or that there
`was a strong likelihood it would do so) for some time prior to that. Although IOENGINE maintains
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`
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`Ingenico Inc. v. IOENGINE, LLC
`IPR2019-00879 (US 9,059,969)
`Exhibit 2046
`
`

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`Case 1:18-cv-00826-WCB Document 69 Filed 03/26/19 Page 2 of 2 PageID #: 1460
`The Honorable William C. Bryson
`March 26, 2019
`Page 2
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`that Ingenico France should have filed its answer to IOENGINE’s Counterclaims within fourteen
`days of withdrawing its Motion, IOENGINE respectfully requests that the Court order Ingenico
`France to answer IOENGINE’s Counterclaims by April 1, 2019 and to provide its core technical
`document production pursuant to Rule 4(b) of the Delaware Default Standard for Discovery by
`April 8, 2019.
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`We are available at the Court’s convenience should Your Honor have any questions.
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`Respectfully submitted,
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`/s/ Neal C. Belgam
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`Neal C. Belgam (No. 2721)
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`cc:
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`Clerk of Court (via CM/ECF)
`All Counsel of Record (via CM/ECF)
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`Ingenico Inc. v. IOENGINE, LLC
`IPR2019-00879 (US 9,059,969)
`Exhibit 2046
`
`