Case 2:15-cv-01274-JRG-RSP Document 419 Filed 01/27/17 Page 1 of 4 PageID #: 29665
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` IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`NO. 2:15-CV-01274-JRG-RSP
`(LEAD CASE)
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`BLITZSAFE TEXAS, LLC,
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`
`Plaintiff,
`
`v.
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`
`HONDA MOTOR CO., LTD., ET AL.,
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`Defendants.
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`
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`U.S. HONDA DEFENDANTS’ JOINDER TO THE TOYOTA DEFENDANTS’ NOTICE
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`Defendants American Honda Motor Co., Inc., Honda of America Mfg., Inc., Honda
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`Manufacturing of Alabama, LLC, and Honda Manufacturing of Indiana, LLC, (collectively, “the
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`U.S. Honda Defendants”), by and through the undersigned counsel hereby submit this joinder to
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`Defendants Toyota Motor Corporation, Toyota Motor Sales U.S.A., Inc., Toyota Motor
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`Manufacturing, Texas, Inc., Toyota Motor Manufacturing Kentucky, Inc., and Toyota Motor
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`Manufacturing Mississippi, Inc.’s (collectively, “Toyota”) Docket No. 401, i.e., Toyota’s Notice
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`Regarding Defendants’ Motion in Limine and Defendants’ Motion for Partial Summary
`
`Judgment of Non-Infringement of U.S. Patent No. 8,155,342 (Dkt. No. 216), and incorporate
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`herein, the points made by Toyota in its Notice, which was filed on January 23, 2017.
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`The Court granted Toyota’s Motion in Limine No. 1. (Dkt. 394). Toyota’s Motion in
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`Limine No. 1 referenced ongoing disputes about claim construction regarding two claim terms
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`that Defendants have had with Plaintiff Blitzsafe. See id. at pp. 1- 2. The Court provided
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`additional clarity to the construction of those two claim terms. See id. The additional clarity of
`
`the construction of these claim terms is relevant to all parties, including the U.S. Honda
`
`Defendants, as the U.S. Honda Defendants jointly moved with Toyota for partial summary
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`
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`1
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` IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`
`
`
`
`
`
`§
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`§
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`
`
`NO. 2:15-CV-01274-JRG-RSP
`(LEAD CASE)
`
`BLITZSAFE TEXAS, LLC,
`
`
`Plaintiff,
`
`v.
`
`
`HONDA MOTOR CO., LTD., ET AL.,
`
`Defendants.
`
`
`
`U.S. HONDA DEFENDANTS’ JOINDER TO THE TOYOTA DEFENDANTS’ NOTICE
`
`Defendants American Honda Motor Co., Inc., Honda of America Mfg., Inc., Honda
`
`Manufacturing of Alabama, LLC, and Honda Manufacturing of Indiana, LLC, (collectively, “the
`
`U.S. Honda Defendants”), by and through the undersigned counsel hereby submit this joinder to
`
`Defendants Toyota Motor Corporation, Toyota Motor Sales U.S.A., Inc., Toyota Motor
`
`Manufacturing, Texas, Inc., Toyota Motor Manufacturing Kentucky, Inc., and Toyota Motor
`
`Manufacturing Mississippi, Inc.’s (collectively, “Toyota”) Docket No. 401, i.e., Toyota’s Notice
`
`Regarding Defendants’ Motion in Limine and Defendants’ Motion for Partial Summary
`
`Judgment of Non-Infringement of U.S. Patent No. 8,155,342 (Dkt. No. 216), and incorporate
`
`herein, the points made by Toyota in its Notice, which was filed on January 23, 2017.
`
`The Court granted Toyota’s Motion in Limine No. 1. (Dkt. 394). Toyota’s Motion in
`
`Limine No. 1 referenced ongoing disputes about claim construction regarding two claim terms
`
`that Defendants have had with Plaintiff Blitzsafe. See id. at pp. 1- 2. The Court provided
`
`additional clarity to the construction of those two claim terms. See id. The additional clarity of
`
`the construction of these claim terms is relevant to all parties, including the U.S. Honda
`
`Defendants, as the U.S. Honda Defendants jointly moved with Toyota for partial summary
`
`
`
`1
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`
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`Case 2:15-cv-01274-JRG-RSP Document 419 Filed 01/27/17 Page 2 of 4 PageID #: 29666
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`judgment of non-infringement of the ‘342 patent, in part, on the absence of features associated
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`with the claim term “receives audio generated by the portable device.” See, e.g., Dkt. 216 at pp.
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`1-2. Counsel for the U.S. Honda Defendants informed counsel for Blitzsafe that it understands
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`that the Court’s ruling on Toyota Motion in Limine No. 1 applies to the Honda case as well, as
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`the Order clarified a disputed construction of a claim term that is the subject of a pending motion
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`for summary judgment of non-infringement between Honda, Toyota and Blitzsafe. 1
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`In response to Toyota’s Notice, Blitzsafe filed a Motion for Reconsideration of the
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`Court’s Order that granted Toyota’s Motion in Limine No. 1. See Dkt. No. 402. Toyota filed an
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`Opposition to Blitzsafe’s Motion for Reconsideration. See Dkt. 415. The U.S. Honda
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`Defendants also join Toyota’s Opposition to Blitzafe’s Motion for Reconsideration.
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` Accordingly, the U.S. Honda Defendants specifically join in support of the points and
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`arguments arguments made by Toyota in its Notice (Dkt. 401) and Toyota’s Opposition to
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`Blitzsafe’s Motion for Reconsideration (Dkt. 415).
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`
`
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`1 On January 27, 2017, Counsel for Honda informed Blitzsafe that the Court’s ruling on Toyota’s
`Motion in Limine No. 1 applies to all the parties, as it clarified the construction of certain claim terms that
`all of the parties briefed during the claim construction phase of this lawsuit. Counsel for Honda inquired
`whether counsel for Blitzsafe agreed, but has not heard back from Blitzsafe. Separately, and earlier on
`the date of filing this Notice of Joinder, Toyota informed the U.S. Patent Trial & Appeal Board that it has
`settled its disputes with Blitzsafe.
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`2
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`Case 2:15-cv-01274-JRG-RSP Document 419 Filed 01/27/17 Page 3 of 4 PageID #: 29667
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`Respectfully submitted,
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`
`
`/s/ Joseph M. Beauchamp
`Joseph M. Beauchamp
`Texas State Bar No. 24012266
`Email: jbeauchamp@jonesday.com
`H. Albert Liou
`Texas State Bar No. 24061608
`Email: aliou@jonesday.com
`JONES DAY
`717 Texas Street, Suite 3300
`Houston, Texas 77002-2712
`Telephone: (832) 239-3939
`Facsimile: (832) 239-3600
`
`Robert W. Kantner
`Texas State Bar No. 11093900
`Email: rwkantner@jonesday.com
`JONES DAY
`2727 North Harwood Street
`Dallas, TX 75201.1515
`Telephone: +1.214.220.3939
`Facsimile: +1.214.969.5100
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`
`
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`
`
`Joseph Melnik
`California State Bar No. 255601
`Email: jmelnik@jonesday.com
`JONES DAY
`1755 Embarcadero Road
`Palo Alto, California 94303
`Telephone: (650) 739-3939
`Facsimile: (650) 739-3900
`
`Randy Akin
`Texas State Bar No. 00954900
`Email: gra@randyakin.com
`G.R. (Randy) Akin, P.C.
`3400 W. Marshall Avenue, Suite 300
`Longview, Texas 75604
`Telephone: (903) 297-8929
`Facsimile: (903) 297-9046
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`
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`Dated: January 27, 2017
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`ATTORNEYS FOR DEFENDANTS
`AMERICAN HONDA MOTOR CO.,
`INC.; HONDA OF AMERICA MFG.,
`INC.; HONDA MANUFACTURING OF
`ALABAMA, LLC; AND HONDA
`MANUFACTURING OF INDIANA, LLC
`
`3
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`Case 2:15-cv-01274-JRG-RSP Document 419 Filed 01/27/17 Page 4 of 4 PageID #: 29668
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`
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that all counsel of record who are deemed to have
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`consented to electronic service are being served with a copy of this document via the Court’s
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`CM/ECF system per Local Rule CV-5(a)(3) on January 27, 2017.
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`
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`/s/ Joseph M. Beauchamp
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`4
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