`
`AGIS SOFTWARE DEVELOPMENT, LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`HTC CORPORATION,
`
`
`Defendant.
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`Case No. 2:17-cv-514-JRG
`(LEAD CASE)
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`Case No. 2:17-cv-517-JRG
`(CONSOLIDATED CASE)
`
`JURY TRIAL DEMANDED
`
`
`
`
`AGIS SOFTWARE DEVELOPMENT, LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`ZTE CORPORATION, ET AL.,
`
`
`Defendants.
`
`
`
`
`
`
`PLAINTIFF AGIS SOFTWARE DEVELOPMENT, LLC’S
`UNOPPOSED MOTION FOR LEAVE TO FILE A CORRECTED
`SUR-REPLY IN OPPOSITION TO ZTE DEFENDANTS’ MOTION (DKT. 38)
`TO DISMISS PLAINTIFF’S COMPLAINT FOR IMPROPER VENUE OR,
`IN THE ALTERNATIVE, TO TRANSFER VENUE
`
`Plaintiff AGIS Software Development, LLC (“AGIS”) respectfully requests leave to file
`
`a Corrected Sur-Reply in Opposition to ZTE Defendants’ Motion (Dkt. 38) to Dismiss Plaintiff’s
`
`Complaint for Improper Venue or, in the Alternative, to Transfer Venue (Dkt. 52).
`
`Shortly after AGIS’s submission of its Sur-Reply brief, counsel for ZTE informed
`
`counsel for AGIS that AGIS’s brief attached the incorrect document as Exhibit 11 (Dkt. 52-2).
`
`Counsel for ZTE also informed counsel for AGIS that AGIS’s Sur-Reply brief (Dkt. 52) and the
`
`accompanying declaration (Dkt. 52-1) list the incorrect date of service for AGIS’s Preliminary
`
`
`
`
`
`Case 2:17-cv-00517-JRG Document 53 Filed 02/07/18 Page 2 of 4 PageID #: 674
`
`Infringement Contentions to ZTE. Counsel for AGIS indicated that none of these errors were
`
`intentional, and that it intended to file the instant motion to cure these errors.
`
`The Corrected Sur-Reply (Exhibit A1) corrects the date of service listed in footnote 5 of
`
`AGIS’s Sur-Reply brief to January 19, 2018. The Corrected Sur-Reply also corrects the pin-cite
`
`to Exhibit 11 in the same footnote 5. Id. at n. 5. AGIS includes with this motion a redline
`
`comparison (Exhibit B) showing the changes made to AGIS’s Corrected Sur-Reply. The
`
`Corrected Declaration (Exhibit C) corrects paragraph 2 to list the correct date of service of
`
`AGIS’s Preliminary Infringement Contentions on ZTE. The corrected Exhibit 11 (Exhibit D)
`
`replaces the inadvertently-attached Huawei infringement contentions with the correct ZTE
`
`infringement contentions.
`
`Plaintiff has conferred with the ZTE Defendants and the ZTE Defendants have reviewed
`
`the corrected papers. The ZTE Defendants indicated that they do not oppose the relief sought in
`
`this motion.
`
`For these reasons, Plaintiff respectfully requests that the Court grant it leave to file the
`
`Corrected Sur-Reply.
`
`Dated: February 7, 2018
`
`
`
`
`
`
`
`BROWN RUDNICK LLP
`
`
`
`/s/ Vincent J. Rubino, III
`Alfred R. Fabricant
`NY Bar No. 2219392
`Email: afabricant@brownrudnick.com
`Lawrence C. Drucker
`NY Bar No. 2303089
`Email: ldrucker@brownrudnick.com
`Peter Lambrianakos
`NY Bar No. 2894392
`Email: plambrianakos@brownrudnick.com
`Vincent J. Rubino, III
`NY Bar No. 4557435
`
`
`1 Exhibits A-D refer to Exhibits to the Declaration of Vincent. J. Rubino, III, attached hereto.
`
`
`
`2
`
`
`
`Case 2:17-cv-00517-JRG Document 53 Filed 02/07/18 Page 3 of 4 PageID #: 675
`
`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 William Iturralde
`NY Bar No. 5526280
`Email: 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 East Houston Street, Suite 300
`Marshall, Texas 75670
`Telephone: 903-923-9000
`Facsimile: 903-923-9099
`
`ATTORNEYS FOR PLAINTIFF, AGIS
`SOFTWARE DEVELOPMENT, LLC
`
`
`
`
`3
`
`
`
`Case 2:17-cv-00517-JRG Document 53 Filed 02/07/18 Page 4 of 4 PageID #: 676
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that, on February 7, 2018, all counsel of record who are
`
`deemed to have consented to electronic service are being served with a copy of this document via
`
`the Court's CM/ECF system per Local Rule CV-5(a)(3).
`
`
`
`/s/ Vincent J. Rubino, III
` Vincent J. Rubino, III
`
`
`
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
