`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`ADVANCED MICRO DEVICES, INC., ET
`AL.,
`
`
`
`
`
`TCL INDUSTRIES HOLDINGS CO., LTD.;
`ET AL.,
`
`
`
`
`
`
`
`
`
`
`Plaintiffs,
`
`
`
`v.
`
`Defendants.
`
`Case No.: 2:22-cv-00134--JRG-RSP
`
`JURY TRIAL DEMANDED
`
`
`
`JOINT MOTION TO DISMISS IN PART ONLY WITH RESPECT TO TCL
`DEFENDANTS WITH PREJUDICE
`
`Plaintiffs Advanced Micro Devices, Inc. and ATI Technologies ULC (collectively,
`
`“AMD” or “Plaintiffs”) and Defendants TCL Industries Holdings Co. Ltd., TCL Industries
`
`Holdings (H.K.) Co., Ltd., TCL Electronics Holdings Limited, TCL Technology Group
`
`Corporation, TTE Corporation, TCL Holdings (BVI) Limited, TCL King Electrical Appliances
`
`(Huizhou) Co. Ltd., Shenzhen TCL New Technology Co., Ltd., TCL MOKA International
`
`Limited, and TCL Smart Device (Vietnam) Co., Ltd, Manufacturas Avanzadas SA de CV, TCL
`
`Electronics Mexico, S de RL de CV, and TCL Overseas Marketing Ltd. (collectively, “TCL
`
`Defendants”) (AMD and TCL together, the “Parties”) jointly move to dismiss the above-captioned
`
`case in part with respect to TCL Defendants only, with prejudice as follows:
`
` This action, including all claims and counterclaims that were or could have been
`
`brought in this action as between AMD and TCL Defendants, shall be dismissed
`
`with prejudice; and
`
`1
`
`
`
`Case 2:22-cv-00134-JRG-RSP Document 75 Filed 04/17/24 Page 2 of 3 PageID #: 1431
`
`
`
`each of Plaintiff AMD and TCL Defendants shall bear its own attorneys’ fees, costs
`
`of court and expenses born by the aforementioned parties incurring the same.
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` This motion is not with respect to Defendant Realtek Semiconductor Corp.
`
`(“Realtek”) and claims with respect to Realtek remain in this action.
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`Accordingly, the Parties respectfully request that the Court dismiss this case in part as
`
`between AMD and the TCL Defendants, only, with prejudice. A proposed order is attached.
`
`Dated: April 17, 2024
`
`/s/ John P. Schnurer_____
`John P. Schnurer, TX Bar No. 24072628
`JSchnurer@perkinscoie.com
`Kyle R. Canavera, CA Bar No. 314664
`KCanavera@perkinscoie.com
`PERKINS COIE LLP
`11452 El Camino Real, Ste 300
`San Diego, California 92130-2080
`
`Attorneys for Defendants TCL Industries
`Holdings Co., Ltd.; TCL Industries Holdings
`(H.K.) Limited; TCL Electronics Holdings
`Limited; TCL Technology Group Corporation;
`TTE Corporation; TCL Holdings (BVI) Limited;
`TCL King Electrical Appliances (Huizhou) Co.
`Ltd.; Shenzhen TCL New Technologies Co., Ltd.;
`TCL Moka International Limited; TCL Smart
`Device (Vietnam) Co., Ltd; Manufacturas
`Avanzadas SA de CV; TCL Electronics Mexico,
`Sde RL de CV; and TCL Overseas Marketing
`Ltd.
`
`/s/ Eric H. Findlay____
`Eric H. Findlay
`State Bar No. 00789886
`Brian Craft
`State Bar No. 04972020
`FINDLAY CRAFT, P.C.
`7270 Crosswater Ave., Suite B
`Tyler, Texas 75703
`Tel: (903) 534-1100
`Fax: (903) 534-1137
`Email: efindlay@findlaycraft.com
`Email: bcraft@findlaycraft.com
`
`OF COUNSEL:
`
`Michael T. Renaud
`James M. Wodarski
`Michael J. McNamara
`Adam S. Rizk
`William Meunier
`Marguerite McConihe
`Matthew A. Karambelas
`Catherine Xu
`Tianyi Tan
`MINTZ LEVIN COHN FERRIS
`GLOVSKY AND POPEO PC
`One Financial Center
`Boston, MA 02111
`617-542-6000
`
`Attorneys for Plaintiffs ATI Technologies
`ULC and Advanced Micro Devices, Inc.
`
`2
`
`
`
`Case 2:22-cv-00134-JRG-RSP Document 75 Filed 04/17/24 Page 3 of 3 PageID #: 1432
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a true and correct copy of the foregoing document
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`has been served on April 17, 2024 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.
`
`/s/ Eric H. Findlay
`Eric H. Findlay
`
`CERTIFICATE OF CONFERENCE
`
`The undersigned hereby certifies that on April 15, 2024, the Parties complied with the meet
`
`and confer requirement in Local Rule CV-7(i). This motion is joint.
`
`
`
` /s/ Eric H. Findlay
`Eric H. Findlay
`
`3
`
`
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