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`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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`CASE NO. 2:21-cv-00186-JRG
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`JURY TRIAL DEMANDED
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`DEFENDANTS SAMSUNG ELECTRONICS CO., LTD. AND SAMSUNG
`ELECTRONICS AMERICA, INC.’S MOTION TO STAY
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` Defendants Samsung Electronics Co., Ltd. (“SEC”) and Samsung Electronics America,
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`Inc. (“SEA”) (collectively, “Samsung”), respectfully request that the Court stay the above-
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`captioned action pending resolution of Samsung’s Motion to Transfer Venue to The Northern
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`District of California Pursuant to 28 U.S.C. § 1404(a) (Dkt. No. 59).
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`On July 27, 2022, Samsung’s Motion to Transfer Venue was completely briefed. The
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`Federal Circuit has stated that it fully expects the movant to promptly request transfer and seek to
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`stay proceedings pending disposition of the transfer motion, and for the district court to act on
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`those motions before proceeding to any motion on the merits of the action. See In re Fusion-IO,
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`Inc., 489 F. App'x 465, 466 (Fed. Cir. 2012). In light of the upcoming Markman hearing, and in
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`view of the guidance from the Federal Circuit, Samsung respectfully requests that the Court stay
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`further proceedings pending a ruling by the Court on Samsung’s Motion to Transfer Venue.
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`Case 2:21-cv-00186-JRG-RSP Document 90 Filed 07/28/22 Page 2 of 3 PageID #: 6178
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`DATE: July 28, 2022
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`Respectfully submitted,
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`/s/ Melissa R. Smith
`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
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`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
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`-and-
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`Melissa Smith
`melissa@gillamsmithlaw.com
`GILLAM & SMITH LLP
`303 South Washington Avenue
`Marshall, TX 75670
`Telephone: (903) 934-8450
`Facsimile: (903) 934-9257
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`Attorneys for Samsung Electronics Co., Ltd. and
`Samsung Electronics America, Inc.
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`- 2 -
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`Case 2:21-cv-00186-JRG-RSP Document 90 Filed 07/28/22 Page 3 of 3 PageID #: 6179
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`CERTIFICATE OF CONFERENCE
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`I hereby certify that counsel for Plaintiff and counsel for Defendants have complied with
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`the meet and confer requirement in Local Rule CV-7(h) and Plaintiff opposes the motion.
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`/s/ Melissa R. Smith
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that the foregoing document was filed electronically in
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`compliance with Local Rule CV-5(a). As such, this document was served on all counsel who have
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`consented to electronic service, on this 28th day of July, 2022.
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`/s/ Melissa R. Smith
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`- 3 -
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