`
`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.
`
`DEFENDANTS SAMSUNG ELECTRONICS CO., LTD. AND SAMSUNG
`ELECTRONICS AMERICA, INC.’S MOTION TO SHORTEN TIME TO FILE
`RESPONSE
`
`
`
`Pursuant to L.R. CV-7(e), Defendants Samsung Electronics Co., Ltd. and Samsung
`
`Electronics America, Inc. (“Defendants” or “Samsung”) hereby move the Court to shorten the time
`
`for Plaintiff Gesture Technology Partners, LLC (“Plaintiff” or “GTP”) to respond to Defendants’
`
`accompanying Motion for a Protective Order.
`
`On September 8 and 14, 2021, GTP served discovery requests containing interrogatories
`
`and deposition topics, respectively, that purport to impose substantial undue burden and expense
`
`on Samsung (the “Discovery Requests”). Specifically, the Discovery Requests purport to require,
`
`
`
`Case 2:21-cv-00040-JRG Document 85 Filed 09/28/21 Page 2 of 4 PageID #: 2062
`
`inter alia, that Samsung provide for deposition what Samsung estimates to be an additional 13
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`Rule 30(b)(6) witnesses to discuss software applications related to the Accused Products that, by
`
`GTP’s own admissions, are at most negligibly relevant to this case and are not a part of GTP’s
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`infringement theories. See, e.g., Dkt. 57 at 1.
`
`The parties met and conferred on September 24 and 28, 2021 in an attempt to resolve the
`
`issues related to the Discovery Requests, but no resolution was reached and the parties are at an
`
`impasse, thus necessitating Samsung’s present motion. A shortened briefing schedule is warranted
`
`with the close of fact discovery set to occur on October 15, 2021 and depositions of Samsung
`
`corporate representatives beginning this week.
`
`
`
`THEREFORE, Samsung respectfully requests that the Court enter an Order that Plaintiff’s
`
`response to Defendants’ Motion for a Protective Order shall be filed on October 1, 2021.
`
`
`
`DATED: September 28, 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
`
`-2-
`
`
`
`Case 2:21-cv-00040-JRG Document 85 Filed 09/28/21 Page 3 of 4 PageID #: 2063
`
`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
`melissa@gillamsmithlaw.com
`
`Attorneys for Defendants Samsung Electronics
`Co., Ltd and Samsung Electronics America, Inc.
`
`CERTIFICATE OF CONFERENCE
`
`Pursuant to Local Rules CV-7(h) and (i), counsel for the Defendants met and conferred
`
`
`
`
`
`with counsel for the Plaintiff on September 28, 2021 in a good faith attempt to resolve the issues
`
`raised by this motion. Plaintiff confirmed that it opposes the relief requested by this motion. Thus,
`
`these meet and confer efforts have conclusively ended in an impasse and leave an open issue for
`
`the Court to resolve.
`
`
`
`
` /s/ Christopher W. Kennerly
`Christopher W. Kennerly
`
`
`
`-3-
`
`
`
`Case 2:21-cv-00040-JRG Document 85 Filed 09/28/21 Page 4 of 4 PageID #: 2064
`
`
`
`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 September 28, 2021. As of this date, all
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`counsel of record had consented to electronic service and are being served with a copy of this
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`document through the Court’s CM/ECF system under Local Rule CV-5(a)(3)(A).
`
`
`
` /s/ Christopher W. Kennerly
`Christopher W. Kennerly
`
`
`
`-4-
`
`
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