`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`GESTURE TECHNOLOGY PARTNERS,
`LLC,
`
`Plaintiff
`
`v.
`
`HUAWEI DEVICE CO., LTD., and
`HUAWEI DEVICE USA, INC.,
`
`Defendants.
`
`
`JURY TRIAL DEMANDED
`
`C.A. NO. 2:21-cv-00040-JRG
`
` LEAD CONSOLIDATED CASE
`
`
`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS AMERICA,
`INC.,
`
`
`C.A. NO. 2:21-cv-00041-JRG
`
`
`Defendants.
`
`
`
`JOINT MOTION TO STAY CERTAIN DEADLINES
`AND NOTICE OF PARTIAL SETTLEMENT
`
`Plaintiff Gesture Technology Partners, LLC (“Plaintiff”) and Defendants Huawei Device
`
`Co., Ltd. and Huawei Device USA, Inc. (“Defendants”) respectfully submit this joint motion to
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`stay certain deadlines and notice of partial settlement.
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`Plaintiff and Defendants have reached settlement in principle to dismiss all claims
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`involving Defendants’ products except for one, the Nexus 6P. This action will continue regarding
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`the Nexus 6P product.
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`Plaintiff and Defendants are in the process of finalizing the documents pertaining to the
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`partial settlement. While they do so, Plaintiff and Defendants agree that they should not continue
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`to prosecute or defend claims or issues that solely relate to Defendants’ products other than the
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`Nexus 6P, but should continue to prosecute or defend any other claims or issues.
`
`
`
`
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`Case 2:21-cv-00040-JRG Document 101 Filed 10/19/21 Page 2 of 4 PageID #: 3213
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`
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`Accordingly, the parties respectfully request that the court grant a partial stay for thirty
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`days of proceedings between Plaintiff and Defendants, including all pending deadlines regarding
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`claims or issues that solely relate to Defendants’ products other than the Nexus 6P, but not
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`including or affecting any aspect of any other claims or issues, which will proceed as set forth in
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`the previous Orders of this Court.
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`Plaintiff and Defendants submit that good cause exists for granting this agreed motion, as
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`set forth above. This motion is not filed for purposes of delay, but so that justice may be served.
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`Wherefore, Plaintiff and Defendants respectfully request that the Court enter the proposed order
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`submitted with this joint motion.
`
`Date: October 19, 2021
`
`By: /s/ Fred I. Williams
`Fred I. Williams
`Texas State Bar No. 00794855
`Michael Simons
`Texas State Bar No. 24008042
`Robert Daniel Garza
`Texas State Bar No. 24097730
`Robert Rhodes
`Texas State Bar No. 24116958
`WILLIAMS SIMONS & LANDIS PLLC
`327 Congress Ave., Suite 490
`Austin, TX 78701
`Tel: 512-543-1354
`fwilliams@wsltrial.com
`msimons@wsltrial.com
`dgarza@wsltrial.com
`rrhodes@wsltria.com
`
`
`Todd E. Landis
`State Bar No. 24030226
`WILLIAMS SIMONS & LANDIS PLLC
`2633 McKinney Ave., Suite 130 #366
`Dallas, TX 75204
`Tel: 512-543-1357
`tlandis@wsltrial.com
`
`
`
`
`
`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
`
`Kent E. Baldauf, Jr.
`kbaldaufjr@webblaw.com
`Bryan P. Clark
`bclark@webblaw.com
`THE WEBB LAW FIRM
`420 Ft. Duquesne Blvd. Suite 1200
`Pittsburgh, PA 15222
`Tel: 412-471-8815
`
`Matthew S. Warren
`Erika Warren
`Jennifer A. Kash
`WARREN LEX LLP
`2261 Market Street, No. 606
`
`– 2 –
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`
`
`Case 2:21-cv-00040-JRG Document 101 Filed 10/19/21 Page 3 of 4 PageID #: 3214
`
`San Francisco, California, 94114
`+1 (415) 895-2940
`+1 (415) 895-2964 facsimile
`21-040@cases.warrenlex.com
`
`Attorneys for Defendants Huawei Device Co.,
`LTD and Huawei Device USA, Inc.
`
`
`
`John Wittenzellner
`Pennsylvania State Bar No. 308996
`WILLIAMS SIMONS & LANDIS PLLC
`1735 Market Street, Suite A #453
`Philadelphia, PA 19103
`Tel: 512-543-1373
`johnw@wsltrial.com
`
`Kevin S. Kudlac
`Texas Bar No. 00790089
`Kudlac PLLC
`1916 Wimberly Lane
`Austin, TX 78735
`Tel: 512-656-5743
`kevin@kudlacIP.com
`
`Attorneys for Plaintiff Gesture
`Technology Partners, LLC
`
`
`
`
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`– 3 –
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`
`
`Case 2:21-cv-00040-JRG Document 101 Filed 10/19/21 Page 4 of 4 PageID #: 3215
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that on October 19, 2021, the undersigned caused a copy
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`of the foregoing document to be served on all counsel of record via the Court’s CM/ECF system,
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`pursuant to the Federal Rules of Civil Procedure.
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`
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`
`
`/s/ Fred I. Williams
`Fred I. Williams
`
`CERTIFICATE OF CONFERENCE
`
`The undersigned hereby certifies that counsel for Gesture Technology Partners, LLC and
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`counsel for Huawei Device Co., Ltd. and Huawei Device USA, Inc. met and conferred, and all
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`parties agree to filing the foregoing document as a joint motion.
`
`
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`/s/ Fred I. Williams
`Fred I. Williams
`
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`– 4 –
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`
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