`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`GESTURE TECHNOLOGY
`PARTNERS, LLC,
`
`Plaintiff
`
`v.
`
`HUAWEI DEVICE CO., LTD.,
`HUAWEI DEVICE USA, INC.,
`
`Defendants.
`
`GESTURE TECHNOLOGY
`PARTNERS, LLC,
`
`Plaintiff
`
`v.
`
`SAMSUNG ELECTRONICS CO., LTD.
`AND SAMSUNG ELECTRONICS
`AMERICA, INC.,
`
`Defendants.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`CASE NO. 2:21-cv-00040-JRG
`(Lead Case)
`
`JURY TRIAL DEMANDED
`
`CASE NO. 2:21-cv-00041-JRG
`(Member Case)
`
`JURY TRIAL DEMANDED
`
`SAMSUNG DEFENDANTS’ UNOPPOSED MOTION FOR LEAVE TO EXCEED PAGE
`LIMIT AS TO DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT OF
`NO INFRINGEMENT AND NO DAMAGES
`
`
`
`Case 2:21-cv-00040-JRG Document 151 Filed 12/06/21 Page 2 of 4 PageID #: 6115
`
`With respect to their Motion for Partial Summary Judgment of No Infringement and No
`
`Damages filed December 1, 2021, Dkt. No. 140 (“Motion”), Defendants Samsung Electronics Co.,
`
`Ltd. and Samsung Electronics America, Inc. (collectively, “Samsung”) respectfully seek leave to
`
`exceed the Court’s 15-page limit for non-dispositive motions by an additional 4 pages, for a total
`
`of 19 pages.
`
`Although the Motion is titled a motion for partial summary judgment, the grounds raised
`
`are dispositive collectively in that if the Motion were granted on all grounds Plaintiff would not be
`
`entitled to any relief, i.e., no liability and/or no damages. In an abundance of caution, in the event
`
`the Court considers the Motion a motion for partial summary judgment subject to the 15-page limit
`
`for non-dispositive motions under L.R. CV-7(a)(2), Samsung respectfully seeks leave to exceed
`
`the limit by an additional 4 pages, for a total of 19 pages.
`
`Under the circumstances, the additional pages are warranted because the Motion includes
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`summary judgment grounds for both non-infringement and no damages in a single, streamlined
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`motion for efficiency. Further, Samsung’s summary judgment motions combined total fewer than
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`50 pages and thus do not exceed the 60-page limit for dispositive motions under L.R. CV-7(a)(3).
`
`Should the Court grant the Motion, Samsung does not oppose Plaintiff being permitted the same
`
`19 pages for its opposition to the Motion, should Plaintiff desire to use them.
`
`Plaintiff is unopposed to the relief sought in this motion.
`
`-1-
`
`
`
`Case 2:21-cv-00040-JRG Document 151 Filed 12/06/21 Page 3 of 4 PageID #: 6116
`
`
`
`DATED: December 6, 2021
`
`
`Respectfully submitted,
`
`
`By: /s/ Christopher W. Kennerly
`Christopher W. Kennerly (TX Bar No. 00795077)
`chriskennerly@paulhastings.com
`Radhesh Devendran (pro hac vice)
`radheshdevendran@paulhastings.com
`Boris S. Lubarsky (pro hac vice)
`borislubarsky@paulhastings.com
`David M. Fox (pro hac vice)
`davidfox@paulhastings.com
`PAUL HASTINGS LLP
`1117 S. California Avenue
`Palo Alto, CA 94304
`Telephone: (650) 320-1800
`Facsimile: (650) 320-1900
`
`Allan M. Soobert
`allansoobert@paulhastings.com
`PAUL HASTINGS LLP
`2050 M Street NW
`Washington, D.C. 20036
`Telephone: 202-551-1700
`Facsimile: 202-551-1705
`
`Elizabeth L. Brann
`elizabethbrann@paulhastings.com
`PAUL HASTINGS LLP
`4747 Executive Drive, 12th Floor
`San Diego, CA 92121
`Telephone: (858) 458-3000
`Facsimile: (858) 458-3005
`
`Robert Laurenzi
`robertlaurenzi@paulhastings.com
`PAUL HASTINGS LLP
`200 Park Avenue
`New York, NY 10166
`Telephone: (212) 318-6000
`Facsimile: (212) 319-4090
`
`Melissa R. Smith (TX Bar No. 24001351)
`GILLAM & SMITH, LLP
`303 S. Washington Ave.
`Marshall, TX 75670
`Telephone: (903) 934-8450
`Facsimile: (903) 934-9257
`
`-2-
`
`
`
`Case 2:21-cv-00040-JRG Document 151 Filed 12/06/21 Page 4 of 4 PageID #: 6117
`
`
`
`
`
`
`
`
`melissa@gillamsmithlaw.com
`
`Attorneys for Defendants Samsung Electronics
`Co., Ltd and Samsung Electronics America, Inc.
`
`
`CERTIFICATE OF CONFERENCE
`
`The undersigned hereby certifies that counsel for Defendants complied with the meet and
`
`confer requirement in Local Rule CV-7(i). This motion is unopposed.
`
` /s/ Christopher W. Kennerly
`Christopher W. Kennerly
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the foregoing document was filed
`
`
`
`
`
`
`electronically in compliance with Local Rule CV-5 on December 6, 2021. As of this date, all
`
`counsel of record had consented to electronic service and are being served with a copy of this
`
`document through the Court’s CM/ECF system under Local Rule CV-5(a)(3)(A).
`
` /s/ Christopher W. Kennerly
`Christopher W. Kennerly
`
`
`
`-3-
`
`
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