`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
`
`
`
`v.
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`
`HTC CORPORATION,
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`
`
`
`
`Case No. 2:17-CV-00514
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`
`JURY TRIAL DEMANDED
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`MOTION FOR ISSUANCE OF LETTERS ROGATORY FOR SERVICE OF PROCESS
`ON DEFENDANT HTC CORPORATION
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`Defendant.
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`Pursuant to Federal Rule of Civil Procedure 4(h)(2) and 4(f)(2)(B), AGIS Software
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`Development LLC (“AGIS”) respectfully requests that this Court issue a Request for Judicial
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`Assistance (“Letters Rogatory”) (attached as Exhibit A) addressed to the appropriate judicial
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`authority in Taiwan, requesting that the Taiwanese authority assist in effecting service of process
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`upon Defendant HTC Corporation ("HTC"). AGIS filed its Complaint (Dkt. 1), accompanied by
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`Exhibits A–D (Dkt. 1-1 through 1-4), on June 21, 2017. This Court issued a Summons as to
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`HTC on June 22, 2017 (Dkt. 4). Upon information and belief, HTC is a publicly-listed
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`Taiwanese company with an address of 23 Xinghua Road, Taoyuan City, Taoyuan County, 330,
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`Taiwan. Accordingly, AGIS respectfully requests that this Court issue Letters Rogatory seeking
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`the assistance of the Taiwanese authority in effecting the service of the Summons, the Complaint
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`and the Exhibits upon HTC.
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`After issuance, Plaintiff respectfully requests that the signed original Letters Rogatory
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`and two certified copies be returned to the undersigned counsel. The United States Department
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`
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`
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`Case 2:17-cv-00514-JRG Document 17 Filed 08/17/17 Page 2 of 4 PageID #: 131
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`
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`of State will oversee transmission of the Letter of Request to Taiwan through diplomatic
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`channels as provided in 28 U.S. C. § 1781(a)(2). Semcon has retained the services of Process
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`Service Network, located at 21218 Merridy Street, Chatsworth, CA 91311, to ensure the delivery
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`of materials and fees in accordance with the U.S. and Taiwanese procedures.
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`Dated: August 17, 2017
`
`
`
`
`
`
`
`BROWN RUDNICK LLP
`
` /s/ Enrique W. Iturralde
`
`Alfred R. Fabricant
`NY Bar No. 2219392
`Email: afabricant@brownrudnick.com
`Peter Lambrianakos
`NY Bar No. 2894392
`Email: plambrianakos@brownrudnick.com
`Vincent J. Rubino, III
`NY Bar No. 4557435
`Email: vrubino@brownrudnick.com
`Alessandra C. Messing
`NY Bar No. 5040019
`Email: amessing@brownrudnick.com
`John A. Rubino
`NY Bar No. 5020797
`Email: jrubino@brownrudnick.com
`Enrique W. Iturralde
`NY Bar No. 5526280
`eiturralde@brownrudnick.com
`
`BROWN RUDNICK LLP
`7 Times Square
`New York, NY 10036
`Telephone: (212) 209-4800
`Facsimile: (212) 209-4801
`
`Samuel F. Baxter
`Texas State Bar No. 01938000
`sbaxter@mckoolsmith.com
`Jennifer L. Truelove
`Texas State Bar No. 24012906
`jtruelove@mckoolsmith.com
`
`MCKOOL SMITH, P.C.
`104 E. Houston Street, Suite 300
`
`
`
`2
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`
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`Case 2:17-cv-00514-JRG Document 17 Filed 08/17/17 Page 3 of 4 PageID #: 132
`
`Marshall, Texas 75670
`Telephone: (903) 923-9000
`Facsimile: (903) 923-9099
`
`ATTORNEYS FOR PLAINTIFF,
`AGIS SOFTWARE DEVELOPMENT
`LLC
`
`3
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`Case 2:17-cv-00514-JRG Document 17 Filed 08/17/17 Page 4 of 4 PageID #: 133
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that, on August 17, 2017, all counsel of record who are
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`deemed to have consented to electronic service are being served with a copy of this document via
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`the Court's CM/ECF system per Local Rule CV-5(a)(3).
`
` /s/ Enrique W. Iturralde
`
` Enrique W. Iturralde
`
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`4
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