Case 2:17-cv-00514-JRG Document 67 Filed 09/11/18 Page 1 of 5 PageID #: 2991
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
`
`v.
`
`
`
`
`
`
`HTC CORPORATION,
`LG ELECTRONICS, INC.,
`ZTE CORPORATION, ZTE (USA), INC.,
`AND ZTE (TX), INC.,
`
`
`
`Civil Action No. 2:17-CV-514-JRG
`(Lead Case)
`
`
`
`Civil Action No. 2:17-CV-515-JRG
`Civil Action No. 2:17-CV-517-JRG
`
`§
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`Defendants.
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`PLAINTIFF AGIS SOFTWARE DEVELOPMENT LLC’S OPPOSITION TO
`DEFENDANT LG ELECTRONIC, INC’S 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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`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
`
`v.
`
`
`
`
`
`
`HTC CORPORATION,
`LG ELECTRONICS, INC.,
`ZTE CORPORATION, ZTE (USA), INC.,
`AND ZTE (TX), INC.,
`
`
`
`Civil Action No. 2:17-CV-514-JRG
`(Lead Case)
`
`
`
`Civil Action No. 2:17-CV-515-JRG
`Civil Action No. 2:17-CV-517-JRG
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`Defendants.
`
`
`PLAINTIFF AGIS SOFTWARE DEVELOPMENT LLC’S OPPOSITION TO
`DEFENDANT LG ELECTRONIC, INC’S 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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`Case 2:17-cv-00514-JRG Document 67 Filed 09/11/18 Page 2 of 5 PageID #: 2992
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`Plaintiff AGIS Software Development LLC (“AGIS”), by and through its undersigned
`
`counsel, hereby submits this response in opposition to LG Electronics, Inc.’s (“LG”) Motion for
`
`Leave to Supplement the Record in Support of its Pending Motion to Dismiss for Lack of Personal
`
`Jurisdiction or, in the Alternative, to Transfer Venue to the Northern District of California (Dkt.
`
`No. 46).
`
`LG’s motion fails to address statements made by AGIS at the Evidentiary Hearing held on
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`August 8, 2018, and that AGIS raised during the meet and confer on this motion. At the
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`Evidentiary Hearing held on August 8, 2018. AGIS represented that it “may take discovery of
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`Google with respect to any proprietary Google application material that’s not in . . . the public
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`information.” Dkt. 176 at 70:19-22. LG maintained its position at the hearing that its products are
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`based on confidential Google code and LG served an updated Initial Disclosure on August 31,
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`2018 that continues to list Google as a potential trial witness. As it indicated that it may, AGIS
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`served a subpoena on Google, LLC, consistent with its statements at the hearing. Because the
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`record already indicated that AGIS may seek such information from Google, no supplementation
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`is necessary or appropriate.
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`Further, in correspondence with LGEKR on August 31, 2018, AGIS represented that it
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`would be willing to meet and confer regarding supplementation, and provided not only the
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`relevant portion of the testimony from the Evidentiary Hearing cited above, but additionally,
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`indicated that LGEKR continues to list a “Witness from Google LLC who may have knowledge
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`related to the functionality implicated in the accused applications” in its initial disclosures.
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`LGEKR cannot represent that it would provide a witness from Google while also feigning surprise
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`when AGIS seeks to depose that witness. AGIS is entitled to seek discovery from witnesses listed
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`in LGEKR’s initial disclosures.
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`
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`Case 2:17-cv-00514-JRG Document 67 Filed 09/11/18 Page 3 of 5 PageID #: 2993
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`LGEKR also cites to AGIS’s Response in Opposition of LGEKR’s Motion to Change
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`Venue to the Northern District of California, stating that “AGIS has chosen not to pursue claims
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`related to methods performed by a server against Huawei.” Dkt. 56 at 9. This statement is
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`irrelevant to the issue at hand as AGIS’s position has not changed. AGIS has not asserted those
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`server claims against either Huawei or LG in this case.1 See Dkt. 1; see also Dkt. 194.
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`For the foregoing reasons, AGIS respectfully requests that the Court deny LGEKR’s leave
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`to file the opposed Motion to Supplement the Record in Support of its Motion to Transfer Venue
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`to the Northern District of California.
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`Dated: September 11, 2018
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`Respectfully submitted
`
`
`
`BROWN RUDNICK LLP
`
` /s/ Vincent J. Rubino, III
`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
`Joseph Mercadante
`NY Bar No. 4784930
`Email: jmercadante@brownrudnick.com
`Alessandra C. Messing
`NY Bar No. 5040019
`Email: amessing@brownrudnick.com
`John A. Rubino
`NY Bar No. 5020797
`
`
`1 AGIS has not asserted claims related to methods performed by a server, such as claims 1, 10,
`12, 24, and 31 of U.S. Patent 9,445,251; and claims 1, 2, 19, 39, 51, 54, 55, 58, 65, 71, 72, 78,
`and 79 of U.S. Patent 9,467,838.
`
`
`
`Case 2:17-cv-00514-JRG Document 67 Filed 09/11/18 Page 4 of 5 PageID #: 2994
`
`Email: jrubino@brownrudnick.com
`Enrique W. Iturralde
`NY Bar No. 5526280
`Email: eiturralde@brownrudnick.com
`Daniel J. Shea Jr.
`NY Bar No. 5430558
`dshea@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
`Marshall, Texas 75670
`Telephone: (903) 923-9000
`Facsimile: (903) 923-9099
`
`ATTORNEYS FOR PLAINTIFF, AGIS
`SOFTWARE DEVELOPMENT LLC
`
`
`
`Case 2:17-cv-00514-JRG Document 67 Filed 09/11/18 Page 5 of 5 PageID #: 2995
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`
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that, on September 11, 2018, all counsel of record who
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`are deemed to have consented to electronic service are being served with a copy of this document
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`via the Court’s CM/ECF system per Local Rule CV-5(a)(3).
`
`
`
`/s/ Vincent J. Rubino, III
`Vincent J. Rubino, III
`
`
`
`
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