`
`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
`
`
`
`
`Case No. 2:21-cv-00026-JRG
`(MEMBER CASE)
`
`JURY TRIAL DEMANDED
`
`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
`
`v.
`
`
`UBER TECHNOLOGIES, INC., d/b/a
`UBER,
`
`
`Defendant.
`
`v.
`
`
`T-MOBILE USA, INC. and T-MOBILE US,
`INC.,
`
`
`Defendants.
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`§
`Case No. 2:21-cv-00072-JRG
`§
`(LEAD CASE)
`§
`
`§
`JURY TRIAL DEMANDED
`§
`§
`
`§
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`JOINT MOTION FOR ENTRY OF AGIS SOFTWARE DEVELOPMENT LLC’S
`THIRD SUPPLEMENTAL P.R. 3-1 & 3-2 INFRINGEMENT CONTENTIONS
`AND UBER TECHNOLOGIES, INC., D/B/A UBER’S
`FIRST AMENDED P.R. 3-3 & 3-4 INVALIDITY CONTENTIONS
`
`Plaintiff AGIS Software Development, LLC (“AGIS”) and Defendant Uber Technologies,
`
`Inc., d/b/a Uber (“Uber”) (collectively, the “Parties”) jointly and respectfully request that the
`
`Court grant leave for entry of AGIS’s Third Supplemental P.R. 3-1 and 3-2 Infringement
`
`Contentions and Uber’s First Amended P.R. 3-3 and 3-4 Invalidity Contentions.
`
`AGIS’s Third Supplemental Infringement Contentions include source code contentions
`
`which were timely served after inspection of Uber’s source code. AGIS’s Third Supplemental
`
`Infringement Contentions also include new doctrine of equivalents (“DOE”) positions in response
`
`to Uber’s request for DOE positions and in response to new testimony from Uber’s corporate
`
`
`
`
`
`Case 2:21-cv-00072-JRG-RSP Document 195 Filed 11/03/21 Page 2 of 5 PageID #: 6832
`
`
`witness regarding unique identifiers. Uber submits that it has good cause for its amended invalidity
`
`contentions because they are responsive to AGIS’s supplemental infringement contentions. The
`
`Parties submit that good cause exists for these supplemental and amended contentions.
`
`The Parties have met and conferred and agree that each should be permitted under Local
`Rule 3-6(b) to supplement its contentions. The Parties further agree that each party reserves all
`other rights regarding the other party’s contentions, including for example the right to oppose any
`future motions for leave to amend the contentions. The Parties further agree that nothing in this
`Joint Motion should be construed as a waiver of challenges to the substantive merit of the other
`party’s contentions, including with respect to Uber’s Motion to Strike Plaintiff’s First Amended
`Disclosure of Asserted Claims and Infringement Contentions (Dkt. 172). In light of the foregoing,
`the parties respectfully request that the Court grant this Joint Motion for Leave to Amend. A
`proposed order is attached.
`
`
`
`
`
`Case 2:21-cv-00072-JRG-RSP Document 195 Filed 11/03/21 Page 3 of 5 PageID #: 6833
`
`
`
`
`
`Dated: November 3, 2021
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
` /s/ Vincent J. Rubino, III
`Alfred R. Fabricant
`NY Bar No. 2219392
`Email: ffabricant@fabricantllp.com
`Peter Lambrianakos
`NY Bar No. 2894392
`Email: plambrianakos@fabricantllp.com
`Vincent J. Rubino, III
`NY Bar No. 4557435
`Email: vrubino@fabricantllp.com
`FABRICANT LLP
`411 Theodore Fremd Avenue,
`Suite 206 South
`Rye, New York 10580
`Telephone: (212) 257-5797
`Facsimile: (212) 257-5796
`
`Samuel F. Baxter
`State Bar No. 01938000
`Email: sbaxter@mckoolsmith.com
`Jennifer L. Truelove
`State Bar No. 24012906
`Email: jtruelove@mckoolsmith.com
`MCKOOL SMITH, P.C.
`104 E. Houston Street, Suite 300
`Marshall, Texas 75670
`Telephone: (903) 923-9000
`Facsimile: (903) 923-9099
`
`ATTORNEYS FOR PLAINTIFF AGIS
`SOFTWARE DEVELOPMENT LLC
`
`
`
`/s/ Mark N. Reiter (with permission)
`Mark N. Reiter
`Texas Bar No. 16759900
`Email: mreiter@gibsondunn.com
`Robert A. Vincent
`Texas Bar No. 24056474
`Email: rvincent@gibsondunn.com
`Ashbey N. Morgan
`
`
`
`
`
`Case 2:21-cv-00072-JRG-RSP Document 195 Filed 11/03/21 Page 4 of 5 PageID #: 6834
`
`
`
`Texas Bar No. 24106339
`Email: anmorgan@gibsondunn.co
`Nathan R. Curtis
`Texas Bar No. 24078390
`Email: ncurtis@gibsondunn.com
`GIBSON, DUNN & CRUTCHER LLP
`200 Ross Avenue, Suite 2100
`Dallas, Texas 75201
`Telephone: (214) 698-3360
`Fax: (214) 571-2907
`
`ATTORNEYS FOR DEFENDANT
`UBER TECHNOLOGIES, INC.,
`d/b/a UBER
`
`
`2
`
`
`
`Case 2:21-cv-00072-JRG-RSP Document 195 Filed 11/03/21 Page 5 of 5 PageID #: 6835
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that, on November 3, 2021, all counsel of record who
`
`are deemed to have consented to electronic service are being served with a copy of this document
`
`via the Court’s CM/ECF system per Local Rule CV-5(a)(3).
`
`/s/ Vincent J. Rubino, III
` Vincent J. Rubino, III
`
`
`
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF CONFERENCE
`
`The undersigned hereby certifies that all counsel of record have met and conferred in
`
`accordance with Local Rule CV-7(h) and this joint motion is unopposed.
`
`/s/ Vincent J. Rubino, III
` Vincent J. Rubino, III
`
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
