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`SAMSUNG ELECTRONICS CO., LTD.,
`SAMSUNG ELECTRONICS AMERICA, INC.,
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`
`v.
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`Defendants.
`
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`PLAINTIFF IMAGE PROCESSING TECHNOLOGIES, LLC’S SUR-REPLY IN
`OPPOSITION TO SAMSUNG’S MOTION TO STAY
`PENDING DETERMINATION OF INTER PARTES REVIEW
`
`
`Case 2:16-cv-00505-JRG Document 296 Filed 10/13/17 Page 1 of 5 PageID #: 12900
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`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`IMAGE PROCESSING TECHNOLOGIES,
`LLC,
`
`
`Plaintiff,
`
`
`
`Case No. 2:16-CV-0505-JRG
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`JURY TRIAL DEMANDED
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`
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`Petitioner LG Ex-1015, 0001
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`
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`Case 2:16-cv-00505-JRG Document 296 Filed 10/13/17 Page 2 of 5 PageID #: 12901
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`Samsung’s claims that a stay will result in simplification of this case are purely
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`speculative. Final decisions in the ’134 patent and ’518 patent IPRs are not due until June and
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`October 2018, respectively. Regardless of the outcome of those IPRs, the case on the asserted
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`claims of the ’293 patent will be tried because those claims have already cleared PTAB review
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`and will be unaffected by the present IPRs.1 Given the overlap in accused products and features,
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`a trial at this time on all three patents will be substantially similar to a trial later on, either on the
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`asserted claims of the ’293 patent only, or on the asserted claims of the ’293 patent and asserted
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`claims of the ’134 and ’518 patents that are affirmed as patentable by the PTAB. Infringement
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`of the accused products and features under the ’293 patent, which significantly overlap with the
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`accused products and features under the ’134 and ’518 patents, will still need to be litigated and
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`any alleged simplification that may or may not result from a stay is minimal at best.
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`Samsung tries to downplay the significance of the ’293 patent by stating that there is
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`“only one” product accused of infringing only the ’293 patent. D.I. 293 at 1. However, in the
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`very next sentence it proves Image Processing’s point regarding the significant overlap in this
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`case by stating, “all of the accused products (except this one) are also accused of infringing the
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`’134 Patent and/or the ’518 Patent.” Id. Indeed, there are no features or products for which the
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`’518 patent is the only asserted patent. D.I. 291, Exhibits 5–7.
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`This case is trial-ready. Samsung’s arguments suggesting that its diligence in filing for a
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`stay weighs against the advanced stage of the case, and its allegations that Image Processing
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`1 Samsung’s argument that there is overlap between unasserted claim 22 of the ’293 patent (for
`which an IPR has been instituted) and asserted claims 1 and 29 of the ’293 patent that could
`result in simplification is unsupported. See D.I. 293 at 1. Important limitations of claims 1 and
`29 of the ’293 patent include two histograms for one parameter and the automatically updating of
`classification criteria. D.I. 291-9 at 26:33-26:59, 31:11-32:12. Claim 22 has neither of these
`limitations. D.I. 291-9 at 29:61-30:17. Thus, there is no likelihood that the IPR on unasserted
`claim 22 of the ’293 patent will have any effect on this case.
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`1
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`Petitioner LG Ex-1015, 0002
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`
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`Case 2:16-cv-00505-JRG Document 296 Filed 10/13/17 Page 3 of 5 PageID #: 12902
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`“was late” in asserting the ’518 patent in this case (Image Processing amended its complaint to
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`assert the ’518 patent after Samsung’s production of additional source code, D.I. 180 at 2) cannot
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`counter the fact that jury selection will begin in one month. See D.I. 180 at 6; D.I. 291 at 3-5.
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`Samsung has known about the ’518 patent since at least June 4, 2013, when it was notified of the
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`’518 patent by Image Processing (D.I. 1-6 at 1) and did not need to wait to file an IPR on the
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`’518 patent. Image Processing negotiated for years with Samsung regarding a potential license
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`to the asserted patents, including the ’518 patent (D. I. 180-1 at ¶ 8), and Samsung has been well
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`aware of its infringement. Furthermore, Image Processing has detailed the prejudice it will
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`suffer from a stay. See D.I. 291 at 2-3; D.I. 180 at 4; D.I. 180-1.
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`Given the significant resources that have been expended on this case by the parties and
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`the Court, the trial-ready stage of this case, and that a stay would not substantially reduce the
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`amount of work or simplify this case, there is no reason that would justify delaying resolution of
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`this case to a later date.
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`Dated:
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`October 13, 2017
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`Respectfully submitted,
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`
`/s/ Michael N Zachary
`S. Calvin Capshaw
`State Bar No. 03783900
`ccapshaw@capshawlaw.com
`Elizabeth L. DeRieux
`State Bar No. 05770585
`ederieux@capshawlaw.com
`D. Jeffrey Rambin
`State Bar No. 00791478
`jrambin@capshawlaw.com
`CAPSHAW DERIEUX, LLP
`114 E. Commerce Ave.
`Gladewater, TX 75647
`Telephone: 903.845.5770
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`2
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`Petitioner LG Ex-1015, 0003
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`Case 2:16-cv-00505-JRG Document 296 Filed 10/13/17 Page 4 of 5 PageID #: 12903
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`Michael N. Zachary
`ANDREWS KURTH KENYON LLP
`1801 Page Mill Road, Suite 210
`Palo Alto, CA 94304
`Telephone: 1.650.384.4700
`Facsimile: 1.650.384.4701
`
`George E. Badenoch
`Mark A. Chapman
`Rose Cordero Prey
`Christopher J. Coulson
`Ksenia Takhistova
`Kulsoom Hasan
`Ian A. Moore
`ANDREWS KURTH KENYON LLP
`One Broadway
`New York, NY 10004
`Telephone: 1.212.425.7200
`Facsimile: 1.212.425.5288
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`Attorneys for Plaintiff
`Image Processing Technologies, LLC
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`3
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`Petitioner LG Ex-1015, 0004
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`Case 2:16-cv-00505-JRG Document 296 Filed 10/13/17 Page 5 of 5 PageID #: 12904
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`CERTIFICATE OF SERVICE
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`I hereby certify that on October 13, 2017, a true and correct copy of this document was
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`served on all counsel of record who are deemed to have consented to electronic service via the
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`Court’s CM/ECF system.
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`/s/ Michael N. Zachary
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`4
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`Petitioner LG Ex-1015, 0005
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`