`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`JAWBONE INNOVATIONS, LLC.,
`
`Plaintiff,
`
`vs.
`
`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS AMERICA,
`INC.,
`
`
`
`Defendants.
`
`Civil Action No. 2:21-cv-00186-JRG
`
`JURY TRIAL DEMANDED
`
`DEFENDANTS SAMSUNG ELECTRONICS CO., LTD. AND SAMSUNG
`ELECTRONICS AMERICA, INC.’S UNOPPOSED MOTION FOR LEAVE TO FILE A
`SECOND AMENDED ANSWER AND COUNTERCLAIMS
`
`Defendants Samsung Electronics Co., Ltd. (“SEC”) and Samsung Electronics America,
`
`
`
`Inc. (“SEA”) (collectively, “Samsung”) respectfully seek leave to file a Second Amended Answer
`
`and Counterclaims. Samsung’s proposed amended pleading removes Samsung’s counterclaim
`
`alleging copyright infringement under 17 U.S.C. § 101 et seq. (Count XVIII). Because the Court’s
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`May 17, 2022 deadline for amended pleadings has passed, Samsung seeks the Court’s leave to
`
`amend. Plaintiff Jawbone Innovations, LLC (“Jawbone”) does not oppose the relief requested in
`
`this motion and has provided written consent to the amended pleading. Therefore, Samsung
`
`respectfully requests that the Court grant Samsung’s motion for leave. See Fed. R. Civ. P. 15(a)(2)
`
`(stating that a party may amend its pleadings with “the opposing party’s written consent or the
`
`court’s leave” and that “[t]he court should freely give leave when justice so requires”); see also
`
`Matter of Life Partners Holdings, Inc., 926 F.3d 103, 125 (5th Cir. 2019) (“Rule 15(a) evinces a
`
`bias in favor of granting leave to amend.”) (cites and quotes omitted).
`
`
`
`
`
`
`
`
`Case 2:21-cv-00186-JRG-RSP Document 60 Filed 06/15/22 Page 2 of 3 PageID #: 1008
`
`DATE: June 15, 2022
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`/s/ Jin-Suk Park
`Jin-Suk Park
`jin.park@arnoldporter.com
`Ali R. Sharifahmadian
`ali.sharifahmadian@arnoldporter.com
`Paul Margulies
`paul.margulies@arnoldporter.com
`ARNOLD & PORTER KAYE SCHOLER LLP
`601 Massachusetts Ave., NW
`Washington, DC 20001-3743
`Telephone: (202) 942-5000
`Facsimile: (202) 942-5555
`
`Ryan M. Nishimoto
`ryan.nishimoto@arnoldporter.com
`Daniel S. Shimell
`daniel.shimell@arnoldporter.com
`ARNOLD & PORTER KAYE SCHOLER LLP
`777 South Figueroa Street, 44th Floor
`Los Angeles, CA 90017
`Telephone: (213) 243-4000
`Facsimile: (213) 243-4199
`
`-and-
`
`Melissa Smith
`melissa@gillamsmithlaw.com
`GILLAM & SMITH LLP
`303 South Washington Avenue
`Marshall, TX 75670
`Telephone: (903) 934-8450
`Facsimile: (903) 934-9257
`
`Attorneys for Samsung Electronics Co., Ltd. and
`Samsung Electronics America, Inc.
`
`
`
`
`
`2
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`
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`Case 2:21-cv-00186-JRG-RSP Document 60 Filed 06/15/22 Page 3 of 3 PageID #: 1009
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on June 15, 2022, I electronically filed the foregoing Defendants
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`Samsung Electronics Co., Ltd. and Samsung Electronics America Inc.’s motion with the Clerk of
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`the Court for the Eastern District of Texas using the ECF System which will send notification to
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`the registered participants of the ECF System as listed on the Court’s Notice of Electronic Filing.
`
`/s/ Melissa R. Smith
`Melissa R. Smith
`
`
`CERTIFICATE OF CONFERENCE
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`
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`Counsel for Samsung conferred with Counsel for Jawbone by email, and counsel for
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`Jawbone confirmed that Jawbone does not oppose the relief requested in this motion.
`
`
`
`/s/ Melissa R. Smith
`Melissa R. Smith
`
`
`
`
`3
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