`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`JAWBONE INNOVATIONS, LLC,
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`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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`
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`Case No. 2:21-CV-00186-JRG
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`JURY TRIAL DEMANDED
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`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`§
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`UNOPPOSED MOTION FOR EXTENSION OF TIME TO MOVE, ANSWER OR
`OTHERWISE RESPOND TO PLAINTIFF’S COMPLAINT AND
`WAIVER OF FOREIGN SERVICE REQUIREMENT
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`Plaintiff Jawbone Innovations, LLC (“Jawbone” or “Plaintiff”) moves the Court to extend
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`the time within which Defendants, Samsung Electronics Company, Ltd. and Samsung Electronics
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`America, Inc., Defendants herein, without waiving any defenses described or referred to in Rule
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`12 F.R.C.P., are required to move, answer, or otherwise respond to Plaintiff’s Complaint. In
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`support of their motion, Plaintiff states as follows:
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`1. On May 27, 2021, Plaintiff filed its Complaint alleging patent infringement against
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`Samsung Electronics Company, Ltd. and Samsung Electronics America, Inc.
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`2. On June 16, 2021, Plaintiff served its Complaint upon Samsung Electronics America, Inc.
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`Samsung Electronics Company, Ltd., a foreign entity, has yet to be served.
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`3. Counsel for Defendants has agreed to waive service under the Hague Convention for
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`Samsung Electronics Company, Ltd., a foreign entity, in exchange for a 90-day extension for all
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`defendants to answer or otherwise plead by October 5, 2021.
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`Case 2:21-cv-00186-JRG-RSP Document 11 Filed 06/24/21 Page 2 of 3 PageID #: 97
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`4. Defendants’ agreement with Plaintiff should not be construed as a waiver of any other
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`rights or defenses, including, for instance, Defendants’ right to file counterclaims, affirmative
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`defenses, or to otherwise challenge the validity of the subject patents.
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`WHEREFORE, Plaintiff Jawbone Innovations, LLC respectfully requests that the time in
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`which Defendants Samsung Electronics Company, Ltd. and Samsung Electronics America, Inc.
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`are required to move, answer or otherwise respond to Plaintiff’s Complaint be extended up to and
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`including October 5, 2021.
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`Dated: June 24, 2021
`
` Respectfully submitted,
`
` /s/ Alfred R. Fabricant
`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
`Texas State Bar No. 01938000
`Email: sbaxter@mckoolsmith.com
`Jennifer L. Truelove
`Texas 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
`JAWBONE INNOVATIONS, LLC
`
`2
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`
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`Case 2:21-cv-00186-JRG-RSP Document 11 Filed 06/24/21 Page 3 of 3 PageID #: 98
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`CERTIFICATE OF CONFERENCE
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`The undersigned hereby certifies that counsel have complied with the meet and confer
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`requirements of Local Rule 7(h) and this motion is unopposed.
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`/s/ Alfred R. Fabricant
` Alfred R. Fabricant
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a true and correct copy of the foregoing document
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`has been served on June 24, 2021 to all counsel of record who are deemed to have consented to
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`electronic service via the Court’s CM/ECF system.
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`/s/ Alfred R. Fabricant
` Alfred R. Fabricant
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`3
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