Case 2:17-cv-00514-JRG Document 65 Filed 09/04/18 Page 1 of 7 PageID #: 2856
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`AGIS SOFTWARE DEVELOPMENT LLC,
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`Plaintiff,
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`v.
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`HTC CORPORATION,
`LG ELECTRONICS, INC.,
`ZTE CORPORATION, ZTE (USA), INC.,
`AND ZTE (TX), INC.
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`Defendants.
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`§
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`§
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`Civil Action No. 2:17-CV-514-JRG
`(Lead Case)
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`Civil Action No. 2:17-CV-515-JRG
`Civil Action No. 2:17-CV-517-JRG
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`DEFENDANT LG ELECTRONICS, INC.’S
`OPPOSED MOTION FOR LEAVE TO FILE MOTION TO SUPPLEMENT THE
`RECORD IN SUPPORT OF ITS MOTION TO TRANSFER VENUE TO THE
`NORTHERN DISTRICT OF CALIFORNIA
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`

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`Case 2:17-cv-00514-JRG Document 65 Filed 09/04/18 Page 2 of 7 PageID #: 2857
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`Based on good cause, Defendant LG Electronics, Inc. (“LGEKR”) respectfully requests
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`this Court grant it leave to file an opposed motion to supplement the record in support of its
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`pending Motion to Dismiss for Lack of Personal Jurisdiction or, in the Alternative, to Transfer
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`Venue to the Northern District of California (Dkt. No. 46).
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`I.
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`GOOD CAUSE EXISTS FOR GRANTING LGEKR LEAVE TO FILE A
`MOTION TO SUPPLEMENT THE RECORD
`On November 27, 2017, LGEKR moved to transfer the above-captioned action filed by
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`AGIS Software Development LLC (“Plaintiff” or “AGIS”) to the Northern District of California.
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`(Dkt. No. 46). LGEKR submitted evidence that the core of the accused applications in this case
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`is provided by third-party Google LLC (“Google”), and the relevant witnesses and information
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`about those functionalities are located in and around Northern California. Specifically, LGEKR
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`submitted declarations from Google witnesses establishing that, for the accused functionality
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`related to the Google Maps for Mobile application (“GMM”) and Google’s Find My Device
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`(formerly known as Android Device Manager), the source code and other information regarding
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`these applications is confidential and proprietary, and that those documents and Google’s relevant
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`witnesses are located in the Northern District of California. (513 D.I. 36-4 ¶ 6, 513 D.I. 36-5 ¶ 6,
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`513 D.I. 74-8, 513 D.I. 74-9).
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`On December 29, 2017, AGIS filed its Opposition to LGEKR’s Motion to Dismiss for
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`Lack of Personal Jurisdiction or, in the Alternative, to Transfer Venue to the Northern District of
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`California (Dkt. No. 68). In its Opposition, AGIS dismissed the relevance, location and
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`convenience of non-party Google, arguing that their infringement claims against LGEKR were
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`premised on and provable through use of “publicly available” Android operating system source
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`code and other information. (Id. at 2, 19, 22). In fact, AGIS explicitly disputed “Google’s
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`possible role as a non-party” and took the position that any discovery into Google’s confidential
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`Case 2:17-cv-00514-JRG Document 65 Filed 09/04/18 Page 3 of 7 PageID #: 2858
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`and proprietary source code and other information for GMM and Find My Device is irrelevant to
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`the claims asserted against the Android defendants, such as LGEKR.1 AGIS Software
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`Development LLC v. Huawei Device USA Inc., et al., No. 2:17-cv-513-JRG (E.D. Tex.), 513 D.I.
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`56 at 9 (“Google’s possible role as a non-party in this case − which is disputed by AGIS . . . );
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`id. at 9, n.5 (“AGIS has chosen not to pursue claims related to methods performed by a server
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`against Huawei.”).
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`Notwithstanding these representations in its transfer opposition, on August 23, 2018 and
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`August 29, 2018, Plaintiff served deposition and document subpoenas on Google in both of the
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`consolidated cases against Android Defendants, AGIS Software Development LLC v. Huawei
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`Device USA Inc., et al., No. 2:17-cv-513-JRG (E.D. Tex.) and AGIS Software Development LLC
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`v. HTC Corp., No. 2:17-cv-514-JRG (E.D. Tex.). These subpoenas seek deposition testimony
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`and documents such as the source code for Google Maps and Find My Device, documents
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`showing the structure, operation, design, development, functionality, features, testing, and
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`manufacture for portions of Google Maps and Find My Device related to the accused features,
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`and documents showing the communication protocols used with Android Applications between
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`one or more Google Servers and/or one or more other Android Devices -- precisely the
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`information AGIS previously represented wasn’t relevant to its infringement theories. Because
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`Plaintiff’s recent subpoenas to Google contradicts its previous attempt to undermine the
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`significance of Google’s documents and witnesses in the transfer analysis, good cause exists to
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`allow LGEKR leave to file a motion to supplement the record.
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`II.
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`CONCLUSION
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`For the foregoing reasons, LGEKR respectfully requests the Court grant LGEKR leave to
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`1 AGIS asserts the same claims against all Android Defendants (LGEKR, Huawei, HTC, and
`ZTE) in the two consolidated cases (Case No. 17-cv-513 (Huawei) and Case No. 17-cv-514
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`Case 2:17-cv-00514-JRG Document 65 Filed 09/04/18 Page 4 of 7 PageID #: 2859
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`file the opposed Motion to Supplement the Record in Support of its Motion to Transfer Venue to
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`the Northern District of California filed separately pursuant to local rules CV-7(k).
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`Dated: September 4, 2018
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`
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`Respectfully submitted,
`/s/ Mark Mann
`Mark Mann
`SBN: 12926150
`mark@themannfirm.com
`G. Blake Thompson
`SBN: 24042033
`blake@themannfirm.com
`MANN TINDEL THOMPSON
`300 West Main Street
`Henderson, Texas 75652
`Tel: 903-657-8540
`
`Michael A. Berta
`Michael.berta@arnoldporter.com
`ARNOLD & PORTER
`KAYE SCHOLER LLP
`Three Embarcadero Center
`10th Floor
`San Francisco, CA 94111-4024
`Tel: 415-471-3000
`
`Matthew M. Wolf
`Matthew.wolf@arnoldporter.com
`ARNOLD & PORTER
`KAYE SCHOLER LLP
`601 Massachusetts Ave., NW
`Washington, DC 20001-3743
`Tel: 202-942-5000
`
`James S. Blackburn
`James.blackburn@arnoldporter.com
`Nicholas H. Lee
`Nicholas.lee@arnoldporter.com
`ARNOLD & PORTER
`KAYE SCHOLER LLP
`777 South Figueroa Street
`44th Floor
`Los Angeles, CA 90017-5844
`
`(LGEKR, HTC, and ZTE)).
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`Case 2:17-cv-00514-JRG Document 65 Filed 09/04/18 Page 5 of 7 PageID #: 2860
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`Tel: 213-243-4000
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`ATTORNEYS FOR DEFENDANT
`LG ELECTRONICS, INC.
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`Case 2:17-cv-00514-JRG Document 65 Filed 09/04/18 Page 6 of 7 PageID #: 2861
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that on September 4, 2018, a true and correct copy of the
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`foregoing was served to the parties’ counsel of record via ECF pursuant to Local Rule CV-5(d).
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`/s/ Mark Mann
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`Case 2:17-cv-00514-JRG Document 65 Filed 09/04/18 Page 7 of 7 PageID #: 2862
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`CERTIFICATE OF CONFERENCE
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`Pursuant to L.R. CV-7(i), the undersigned hereby certifies that counsel for Defendant
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`LGEKR and counsel for Plaintiff AGIS met and conferred by telephone on September 4, 2018,
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`and have complied with L.R. CV-7(h). Plaintiff opposes LGEKR’s Motion for Leave to File the
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`Attached Motion to Supplement the Record in Support of its Motion to Transfer Venue to the
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`Northern District of California.
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`/s/ Mark Mann
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