Case 2:21-cv-00040-JRG Document 170 Filed 12/23/21 Page 1 of 5 PageID #: 8212
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`CASE NO. 2:21-cv-00040-JRG
`(Lead Case)
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`JURY TRIAL DEMANDED
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`CASE NO. 2:21-cv-00041-JRG
`(Member Case)
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`JURY TRIAL DEMANDED
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`GESTURE TECHNOLOGY
`PARTNERS, LLC,
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`Plaintiff
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`v.
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`HUAWEI DEVICE CO., LTD.,
`HUAWEI DEVICE USA, INC.,
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`Defendants.
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`GESTURE TECHNOLOGY
`PARTNERS, LLC,
`
`Plaintiff
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`v.
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`SAMSUNG ELECTRONICS CO., LTD.
`AND SAMSUNG ELECTRONICS
`AMERICA, INC.,
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`Defendants.
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`JOINT MOTION REGARDING REMOTE MEDIATION ARRANGEMENTS
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`Due to recently heightened COVID-19 health protocols and travel restrictions impacting
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`overseas travel from South Korea to the United States, together with serious and growing concerns
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`related to the Omicron variant, the Parties respectfully request the Court’s approval for the January
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`5, 2022 mediation session to be conducted entirely remotely by videoconference, to begin at 3:00
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`PM CST and end no later than 8:00 PM CST.
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`On December 21, 2021, the Court-approved mediator, the Hon. David Folsom, held a pre-
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`mediation videoconference with the Parties’ lead counsel in which Judge Folsom and the Parties
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`agreed to conduct the mediation entirely remotely, subject to the Court’s approval.
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`CASE NO. 2:21-cv-00040-JRG
`(Lead Case)
`
`JURY TRIAL DEMANDED
`
`
`
`CASE NO. 2:21-cv-00041-JRG
`(Member Case)
`
`JURY TRIAL DEMANDED
`
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`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.
`
`JOINT MOTION REGARDING REMOTE MEDIATION ARRANGEMENTS
`
`Due to recently heightened COVID-19 health protocols and travel restrictions impacting
`
`overseas travel from South Korea to the United States, together with serious and growing concerns
`
`related to the Omicron variant, the Parties respectfully request the Court’s approval for the January
`
`5, 2022 mediation session to be conducted entirely remotely by videoconference, to begin at 3:00
`
`PM CST and end no later than 8:00 PM CST.
`
`On December 21, 2021, the Court-approved mediator, the Hon. David Folsom, held a pre-
`
`mediation videoconference with the Parties’ lead counsel in which Judge Folsom and the Parties
`
`agreed to conduct the mediation entirely remotely, subject to the Court’s approval.
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`Case 2:21-cv-00040-JRG Document 170 Filed 12/23/21 Page 2 of 5 PageID #: 8213
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`Also on December 21, at the Samsung Defendants’ request, Judge Folsom informed the
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`undersigned that he is amenable to a 3:00 PM CST start time for the mediation to accommodate
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`the time difference with South Korea, provided the Parties agree. On December 22, Plaintiff’s
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`lead counsel informed the undersigned that Plaintiff is amenable to that start time, provided there
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`is a hard stop at 8:00 PM CST to accommodate its representative Dr. Timothy Pryor. (The Court
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`already approved Dr. Pryor attending the mediation by videoconference due to his age and health
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`concerns. Dkt. No. 117; Dkt. No. 108.) Also on December 22, the undersigned informed Judge
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`Folsom of Plaintiff’s request for a hard stop at 8:00 PM CST, and that the Parties would submit a
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`joint motion for the Court’s approval of these arrangements. On December 23, Judge Folsom
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`confirmed to the undersigned that he is amenable to these arrangements.
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`For the foregoing reasons, the Parties respectfully request that the Court grant the present
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`joint motion and permit the January 5, 2022 mediation session to be conducted entirely remotely
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`by videoconference, to begin at 3:00 PM CST and end no later than 8:00 PM CST.
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`DATED: December 23, 2021
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`Respectfully submitted,
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`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
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`Case 2:21-cv-00040-JRG Document 170 Filed 12/23/21 Page 3 of 5 PageID #: 8214
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`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
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`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
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`Robert Laurenzi
`robertlaurenzi@paulhastings.com
`PAUL HASTINGS LLP
`200 Park Avenue
`New York, NY 10166
`Telephone: (212) 318-6000
`Facsimile: (212) 319-4090
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`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
`melissa@gillamsmithlaw.com
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`Attorneys for Defendants Samsung Electronics
`Co., Ltd and Samsung Electronics America, Inc.
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`Case 2:21-cv-00040-JRG Document 170 Filed 12/23/21 Page 4 of 5 PageID #: 8215
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`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@wsltrial.com
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`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
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`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
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`Kevin S. Kudlac
`Texas Bar No. 00790089
`Kudlac PLLC
`1916 Wimberly Lane
`Austin, TX 78735
`Tel: 512-656-5743
`kevin@kudlacIP.com
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`Attorneys for Plaintiff
`Gesture Technology Partners, LLC
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`Case 2:21-cv-00040-JRG Document 170 Filed 12/23/21 Page 5 of 5 PageID #: 8216
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`CERTIFICATE OF CONFERENCE
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`Pursuant to Local Rules CV-7(h) and (i), on December 23, 2021, the Parties’ lead counsel
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`confirmed that the Parties agree to filing this motion jointly.
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` /s/ Christopher W. Kennerly
`Christopher W. Kennerly
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`CERTIFICATE OF SERVICE
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`I certify that a true and correct copy of the foregoing document was filed electronically in
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`compliance with Local Rule CV-5 on December 23, 2021. As of this date, all counsel of record
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`had consented to electronic service and are being served with a copy of this document through the
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`Court’s CM/ECF system under Local Rule CV-5(a)(3)(A) and by email.
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` /s/ Christopher W. Kennerly
`Christopher W. Kennerly
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`-5-
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