Case 2:21-cv-00040-JRG-RSP Document 219 Filed 01/27/22 Page 1 of 6 PageID #: 10332
`
`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.,
`Defendants.
`
`
`C.A. NO. 2:21-cv-00041-JRG
`
`
`
`JOINT STIPULATION REGARDING OUTSTANDING MOTIONS
`
`
`
`Plaintiff Gesture Technology Partners, LLC (“GTP”) and Defendants Samsung Electronics
`
`Co., Ltd. and Samsung Electronics America, Inc. (collectively, “Samsung”) (altogether, “Parties”)
`
`hereby file this Joint Stipulation Regarding Outstanding Motions.
`
`
`
`WHEREAS, on February 4, 2021, GTP filed its Complaint (Dkt. No. 1, Case No. 2:21-cv-
`
`00041-JRG) against Samsung for alleged infringement of United States Patent Nos. 8,194,924;
`
`7,933,431; 8,878,949; and 8,553,079 (collectively, the “Patents-in-Suit”).
`
`WHEREAS, in an effort to eliminate certain issues from this case and to provide notice of
`
`such efforts to the Court, it is hereby jointly stipulated by the Parties, subject to the approval of the
`
`Court, that:
`
`1.
`
`GTP agrees not to introduce or seek to introduce at trial any evidence, testimony,
`
`or argument regarding the Contested Applications, individually or collectively, with respect to its
`
`1
`
`
`
`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.,
`Defendants.
`
`
`C.A. NO. 2:21-cv-00041-JRG
`
`
`
`JOINT STIPULATION REGARDING OUTSTANDING MOTIONS
`
`
`
`Plaintiff Gesture Technology Partners, LLC (“GTP”) and Defendants Samsung Electronics
`
`Co., Ltd. and Samsung Electronics America, Inc. (collectively, “Samsung”) (altogether, “Parties”)
`
`hereby file this Joint Stipulation Regarding Outstanding Motions.
`
`
`
`WHEREAS, on February 4, 2021, GTP filed its Complaint (Dkt. No. 1, Case No. 2:21-cv-
`
`00041-JRG) against Samsung for alleged infringement of United States Patent Nos. 8,194,924;
`
`7,933,431; 8,878,949; and 8,553,079 (collectively, the “Patents-in-Suit”).
`
`WHEREAS, in an effort to eliminate certain issues from this case and to provide notice of
`
`such efforts to the Court, it is hereby jointly stipulated by the Parties, subject to the approval of the
`
`Court, that:
`
`1.
`
`GTP agrees not to introduce or seek to introduce at trial any evidence, testimony,
`
`or argument regarding the Contested Applications, individually or collectively, with respect to its
`
`1
`
`
`
`Case 2:21-cv-00040-JRG-RSP Document 219 Filed 01/27/22 Page 2 of 6 PageID #: 10333
`
`allegations regarding infringement.1 The parties agree to and do withdraw the following motions
`
`for all purposes:
`
` Samsung’s Motion to Strike and/or Compel (Dkt. No. 51);
`
` Samsung’s Motion for Protective Order (Dkt. No. 84);
`
` GTP’s Motion to Compel (Dkt. No. 99).
`
`2.
`
`Samsung agrees to and does withdraw its Motion to Strike Supplemental Expert
`
`Reports of Plaintiff’s Experts David Kennedy and Andreas Groehn (Dkt. No. 133). To allow
`
`Samsung to address and respond to the supplemental opinions set forth in the supplemental expert
`
`reports, the Parties request that the Court: (a) permit Samsung to file a single supplemental brief
`
`of no more than seven (7) pages as to its dispositive motions and motions to strike expert testimony
`
`(including Daubert motions) that are impacted by GTP’s supplemental expert reports no later than
`
`January 28, 2022; (b) permit Samsung to serve a supplemental rebuttal expert report no later than
`
`February 7, 2022; and (c) permit GTP to file a single responsive supplemental brief of no more
`
`than seven (7) pages no later than February 11, 2022.
`
`3.
`
`GTP agrees to and does withdraw its Motion for Protective Order (Dkt. No. 92).
`
`Samsung agrees that it will not inquire at trial about litigation funding, litigation funders, or fee
`
`arrangements. GTP agrees that, if asked at trial, Dr. Pryor will confirm that he is the 100% owner
`
`of GTP, that in the event GTP obtains any recovery in this case he may choose to have GTP
`
`distribute to him all net proceeds (i.e., after paying attorneys, expenses, etc.), and that if GTP
`
`
`1 The Contested Applications are: Tracking Autofocus, Selfie Focus, Smart OIS, Smart Pause,
`Smart Scroll, Blur Background, Internet Transfer After Sense (e.g., QR Code), Bixby Vision,
`Control Exposure Based on Location, Live Masks Track/Apply, Live Stickers Track, Beauty
`Mode, and Portrait Mode.
`
`2
`
`
`
`Case 2:21-cv-00040-JRG-RSP Document 219 Filed 01/27/22 Page 3 of 6 PageID #: 10334
`
`obtains its requested damages in this case and he chooses to have GTP distribute to him all net
`
`proceeds he expects to receive many millions of dollars.
`
`4.
`
`GTP represents that it produced its documents from the negotiation of the Huawei
`
`License to Samsung on January 24, 2022. The parties agree to and do withdraw the following
`
`motions for all purposes:
`
` Samsung’s Motion to Compel (Dkt. No. 100);
`
` Samsung’s Motion for Leave (Dkt. No. 120);
`
` Samsung’s Motion for Leave (Dkt. No. 127); and
`
` Samsung’s Motion to Compel (Dkt. No. 128).
`
`The Parties therefore respectfully request that the Court enter the attached proposed order
`
`in accordance with this Joint Stipulation.
`
`Dated: January 27, 2022
`
`
`
`
`
`Respectfully submitted,
`
`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
`The Littlefield Building
`601 Congress Ave., Suite 600
`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
`
`3
`
`
`
`Case 2:21-cv-00040-JRG-RSP Document 219 Filed 01/27/22 Page 4 of 6 PageID #: 10335
`
`WILLIAMS SIMONS & LANDIS PLLC
`2633 McKinney Ave., Suite 130 #366
`Dallas, TX 75204
`Tel: 512-543-1357
`tlandis@wsltrial.com
`
`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
`
`/s/ Christopher W. Kennerly
`Christopher W. Kennerly (TX Bar No. 00795077)
`chriskennerly@paulhastings.com
`Radhesh Devendran (pro hac vice)
`radheshdevendran@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
`
`4
`
`
`
`Case 2:21-cv-00040-JRG-RSP Document 219 Filed 01/27/22 Page 5 of 6 PageID #: 10336
`
`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
`
`Harry Lee Gillam, Jr. (TX Bar No. 07921800)
`gil@gillamsmithlaw.com
`Melissa R. Smith (TX Bar No. 24001351)
`melissa@gillamsmithlaw.com
`James Travis Underwood (TX Bar No. 24102587)
`travis@gillamsmithlaw.com
`GILLAM & SMITH, LLP
`303 S. Washington Ave.
`Marshall, TX 75670
`Telephone: (903) 934-8450
`Facsimile: (903) 934-9257
`
`
`Attorneys for Defendants Samsung Electronics Co.,
`Ltd and Samsung Electronics America, Inc.
`
`5
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`
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`Case 2:21-cv-00040-JRG-RSP Document 219 Filed 01/27/22 Page 6 of 6 PageID #: 10337
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that on January 27, 2022 the undersigned caused a copy
`
`of the foregoing document to be served on all counsel of record via the Court’s CM/ECF system,
`
`pursuant to the Federal Rules of Civil Procedure.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Fred I. Williams
`Fred I. Williams
`
`
`
`
`
`
`
`
`6
`
`
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