Case 6:19-cv-00273-ADA Document 24 Filed 05/30/19 Page 1 of 4
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`PACT XPP SCHWEIZ AG
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`Plaintiff,
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`v.
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`INTEL CORPORATION
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`Defendant.
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`
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`
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`Case No. 6:19-cv-00273-ADA
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`JURY TRIAL DEMANDED
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`PACT XPP SCHWEIZ AG’S AND INTEL CORPORATION’S CORRECTED
`STIPULATION TO DISMISS WITHOUT PREJUDICE
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`
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`1
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`PACT - Ex. 2021.0001
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`PACT XPP SCHWEIZ AG
`
`Plaintiff,
`
`v.
`
`INTEL CORPORATION
`
`Defendant.
`
`
`
`
`
`
`
`Case No. 6:19-cv-00273-ADA
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`PACT XPP SCHWEIZ AG’S AND INTEL CORPORATION’S CORRECTED
`STIPULATION TO DISMISS WITHOUT PREJUDICE
`
`
`
`1
`
`PACT - Ex. 2021.0001
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`
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`Case 6:19-cv-00273-ADA Document 24 Filed 05/30/19 Page 2 of 4
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`Whereas Plaintiff PACT XPP Schweiz AG (“PACT”) filed a complaint in Delaware on
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`February 7, 2019 styled PACT XPP Schweiz AG v. Intel Corporation, Case No. 19-cv-00267 (D.
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`Del. Feb. 7, 2019) (the “Delaware Case”), alleging that Intel Corporation (“Intel”) infringed
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`twelve patents assigned to Plaintiff;
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`Whereas PACT understood that Intel and PACT stipulated that in return for a second
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`extension to answer or otherwise respond to the complaint in the Delaware Case, Intel would
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`waive its right to file any motion in response to said complaint, including a motion to transfer
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`venue;
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`Whereas Intel understood that Intel was only waiving its right to file a motion to dismiss
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`in the Delaware Case in return for such extension, and that Intel was not waiving its right to file a
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`motion to transfer;
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`Whereas during the second extension period, Intel informed PACT that, although it
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`would answer the complaint in the Delaware Case, it would also in response to the Delaware
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`complaint file a motion to transfer venue to the District of Oregon;
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`Whereas PACT thereafter refiled its complaint in the Western District of Texas on April
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`23, 2019 (the “Texas Case”) asserting the same twelve patents and dismissed the Delaware Case
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`without prejudice;
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`Whereas Intel then filed a declaratory action in the Northern District of California on
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`April 25, 2019, (the “California Case”), asking the court to declare that it did not infringe any
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`valid claim of any of the twelve patents asserted in both the Texas Case and the Delaware Case
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`and alleging a breach of contract;
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`Whereas PACT and Intel are desirous of putting their dispute as to venue behind them by
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`having their case venued in the District of Delaware; and
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`
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`2
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`PACT - Ex. 2021.0002
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`Case 6:19-cv-00273-ADA Document 24 Filed 05/30/19 Page 3 of 4
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`Whereas Intel has agreed to waive (i) any right in this case to challenge venue in the
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`District of Delaware; (ii) the provisions of Fed. R. Civ. P. 41(a)(1)(B) to assert that PACT’s
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`dismissal of the Texas Case operates as an adjudication on the merits; and (iii) any rights to costs
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`or attorney’s fees under Fed. R. Civ. P. 41(d) resulting from the parties’ venue dispute and the
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`dismissal of either the Original Delaware case, the California Case, or the Texas case;
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`NOW THEREFORE IT IS HEREBY STIPULATED THAT IN ACCORDANCE WITH
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`THE ABOVE AGREEMENT AND STIPULATION OF THE PARTIES:
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`1.
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`Intel shall dismiss its California Case against PACT filed in the Northern District
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`of California without prejudice;
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`2.
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`PACT and Intel shall file a stipulation of dismissal signed by both parties to
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`dismiss the Texas Case against Intel without prejudice, and that same day Intel shall dismiss its
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`California action without prejudice and PACT shall simultaneously refile its previously
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`dismissed action in Delaware in a form identical to that contained in its Texas complaint except
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`for allegations relating to the venue related allegation concerning Texas, and the parties agree
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`that the new case will be marked related to the prior case on the civil cover sheet;
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`3.
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`Neither PACT’s nor Intel’s dismissal of their respective Texas Case and
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`California Case shall be deemed an adjudication on the merits of any claim, nor shall it give rise
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`to any right to costs or fees resulting from the venue dispute under Fed. R. Civ. P. 41;
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`4.
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`Within 5 days of the refiling of the complaint in Delaware, Intel shall file its
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`answer to the Delaware complaint, and the parties will hold the Fed. R. Civ. P. Rule 26
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`conference by June 14, 2019; and
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`5.
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`Either party may file this stipulation if needed in the Delaware, California, or
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`Texas Cases.
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`3
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`PACT - Ex. 2021.0003
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`Case 6:19-cv-00273-ADA Document 24 Filed 05/30/19 Page 4 of 4
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`Dated: May 30, 2019
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`/s/ __J. Stephen Ravel____
`J. Stephen Ravel
`Texas State Bar No. 16584975
`KELLY HART & HALLMAN LLP
`303 Colorado, Suite 2000
`Austin, Texas 78701
`Tel: (512) 495-6429
`Fax: (512) 495-6401
`Email: steve.ravel@kellyhart.com
`
`James E. Wren
`Texas State Bar No. 22018200
`1 Bear Place, Unit 97288
`Waco, Texas 76798
`Tel: (254) 710-7670
`james_wren@baylor.edu
`
`Gregory S. Arovas (Pro Hac Vice)
`New York State Bar No. 2553782
`KIRKLAND & ELLIS LLP
`601 Lexington Avenue
`New York, NY 10022
`Tel: (212) 446-4766
`Email: greg.arovas@kirkland.com
`
`Adam R. Alper (Pro Hac Vice)
`California State Bar No. 196834
`KIRKLAND & ELLIS LLP
`555 California Street
`San Francisco, CA 94104
`Tel: (415) 439-1400
`Email: adam.alper@kirkland.com
`
`Michael W. De Vries (Pro Hac Vice)
`California State Bar No. 211001
`KIRKLAND & ELLIS LLP
`333 South Hope Street
`Los Angeles, CA 90071
`Tel: (213) 680-8400
`Email: michael.devries@kirland.com
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`Attorneys for Defendant Intel Corporation
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`/s/__Frederick A. Lorig________
`Frederick A. Lorig (SBN 057645)
`fredlorig@quinnemanuel.com
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`865 S. Figueroa Street, 10th Foor
`Los Angeles, CA 90017
`Telephone: +1 213 443 3047
`
`Craig D. Cherry
`State Bar No. 24012419
`ccherry@haleyolson.com
`HALEY & OLSON, P.C.
`100 N. Ritchie Road, Suite 200
`Waco, Texas 76712
`913 Franklin Ave., Suite 201
`Waco, Texas 76701
`Telephone: (254) 776-3336
`Facsimile: (254) 776-6823
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`J. Mark Mann
`State Bar No. 12926150
`mark@themannfirm.com
`G. Blake Thompson
`State Bar No. 24042033
`blake@themannfirm.com
`MANN | TINDEL | THOMPSON
`300 West Main St.
`Henderson, Texas 75652
`913 Franklin Ave., Suite 201
`Waco, Texas 76701
`Telephone: (903) 657-8540
`Facsimile: (903) 657-6003
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`Attorneys for Plaintiff PACT XPP SCHWEIZ
`AG
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`4
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`PACT - Ex. 2021.0004
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