IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`§
`
`§
`Case No. 2:22-cv-00263-JRG-RSP
`§
`
`JURY TRIAL DEMANDED
`§
`§
`
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`
`v.
`
`
`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS, AMERICA,
`INC.,
`
`
`Defendants.
`
`Case 2:22-cv-00263-JRG-RSP Document 120 Filed 09/05/23 Page 1 of 5 PageID #: 9435
`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
`
`
`
`JOINT NOTICE OF SUPPLEMENTAL
`CLAIM CONSTRUCTION DISPUTES
`In accordance with the Court’s Order of August 24, 2023 (Dkt. No. 115), Plaintiff AGIS
`
`Software Development LLC (“Plaintiff” or “AGIS”) and Defendants Samsung Electronics Co.,
`
`Ltd. and Samsung Electronics America, Inc. (collectively “Defendants” or “Samsung”) hereby
`
`submit this Joint Notice of Supplemental Claim Construction Disputes. The parties met and
`
`conferred for the purposes of narrowing the issues and finalizing preparation of this joint notice.
`
`The parties have identified two additional claim construction disputes.
`
`First, the parties have identified for further construction the term “group” in the ’838, ’829,
`
`’123 patents. Specifically, within the agreed construction of the term “group” to mean “more than
`
`two participants associated together,” Defendants request a clarification that “participants” in the
`
`construction means “users.” Plaintiff intends to request a clarification that the construction term
`
`“participants” comprises devices and is not limited to users.
`
`Second, Defendants have identified for construction the term “participants” in the ’970
`
`
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`§
`
`§
`Case No. 2:22-cv-00263-JRG-RSP
`§
`
`JURY TRIAL DEMANDED
`§
`§
`
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`
`v.
`
`
`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS, AMERICA,
`INC.,
`
`
`Defendants.
`
`Case 2:22-cv-00263-JRG-RSP Document 120 Filed 09/05/23 Page 1 of 5 PageID #: 9435
`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
`
`
`
`JOINT NOTICE OF SUPPLEMENTAL
`CLAIM CONSTRUCTION DISPUTES
`In accordance with the Court’s Order of August 24, 2023 (Dkt. No. 115), Plaintiff AGIS
`
`Software Development LLC (“Plaintiff” or “AGIS”) and Defendants Samsung Electronics Co.,
`
`Ltd. and Samsung Electronics America, Inc. (collectively “Defendants” or “Samsung”) hereby
`
`submit this Joint Notice of Supplemental Claim Construction Disputes. The parties met and
`
`conferred for the purposes of narrowing the issues and finalizing preparation of this joint notice.
`
`The parties have identified two additional claim construction disputes.
`
`First, the parties have identified for further construction the term “group” in the ’838, ’829,
`
`’123 patents. Specifically, within the agreed construction of the term “group” to mean “more than
`
`two participants associated together,” Defendants request a clarification that “participants” in the
`
`construction means “users.” Plaintiff intends to request a clarification that the construction term
`
`“participants” comprises devices and is not limited to users.
`
`Second, Defendants have identified for construction the term “participants” in the ’970
`
`
`
`Case 2:22-cv-00263-JRG-RSP Document 120 Filed 09/05/23 Page 2 of 5 PageID #: 9436
`
`Patent. Specifically, Defendants propose construing the term “participants” as “users,” consistent
`
`with the term’s plain and ordinary meaning. Plaintiff intends to propose that the term
`
`“participants” receive its plain and ordinary meaning and that the plain and ordinary meaning of
`
`“participants” comprises devices.
`
`To address these additional disputes prior to the claim construction hearing set for
`
`November 3, 2023, the parties have agreed to the following schedule of supplemental proceedings.
`
`October 18, 2023
`
`Revised P.R. 4-5(d) Joint Claim Construction Chart
`
`October 11, 2023
`
`Plaintiff’s Supplemental Reply Claim Construction Brief
`Addressing Any New Disputed Terms (3-page limit).
`
`October 4, 2023
`
`Defendants’ Supplemental Responsive Claim
`Construction Brief Addressing Any New Disputed
`Terms (9-page limit)
`
`September 20, 2023 Plaintiff’s Supplemental Opening Claim Construction
`Brief Addressing Any New Disputed Terms (9-page
`limit)
`
`The above schedule will be submitted on or before September 5, 2023, as part of a Joint Motion
`
`for Entry of Second Amended Docket Control Order.
`
`Regarding page limits for supplemental briefing, the parties have agreed that the
`
`supplemental opening and responsive briefs will be limited to nine (9) pages and the supplemental
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`reply brief will be limited to three (3) pages. The parties will not supplement their expert
`
`disclosures on claim construction issues to address these two additional terms, but the parties may
`
`rely on other intrinsic and extrinsic evidence not disclosed in their prior P.R. 4-3 Claim
`
`Construction and Prehearing Statement (Dkt. 67), as to the two new disputed terms.
`
`
`
`2
`
`
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`Case 2:22-cv-00263-JRG-RSP Document 120 Filed 09/05/23 Page 3 of 5 PageID #: 9437
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`Dated: September 5, 2023
`
`
`
`
`
`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
`Enrique W. Iturralde
`NY Bar No. 5526280
`Email: eiturralde@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/ Neil P. Sirota (with permission)
`Neil P. Sirota
`neil.sirota@bakerbotts.com
`Margaret M. Welsh
`margaret.welsh@bakerbotts.com
`BAKER BOTTS L.L.P.
`30 Rockefeller Plaza
`
`3
`
`
`
`Case 2:22-cv-00263-JRG-RSP Document 120 Filed 09/05/23 Page 4 of 5 PageID #: 9438
`
`New York, NY 10112-4498
`Telephone: (212) 408-2500
`Facsimile: (212) 408-2501
`
`Tom Gorham
`State Bar No. 24012715
`tom@gillamsmithlaw.com
`Melissa R. Smith
`State Bar No. 24001351
`melissa@gillamsmithlaw.com
`GILLAM & SMITH LLP
`303 South Washington Avenue
`Marshall, Texas 75670
`Telephone: (903) 934-8450
`Facsimile: (903) 934-9257
`
`ATTORNEYS FOR DEFENDANTS
`SAMSUNG ELECTRONICS CO., LTD. AND
`SAMSUNG ELECTRONICS AMERICA, INC.
`
`
`
`4
`
`
`
`Case 2:22-cv-00263-JRG-RSP Document 120 Filed 09/05/23 Page 5 of 5 PageID #: 9439
`
`
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`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that 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) on September 5, 2023.
`
`/s/ Alfred R. Fabricant
` Alfred R. Fabricant
`
`
`
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF CONFERENCE
`
`I hereby certify that Plaintiff’s counsel has met and conferred with counsel for Defendants,
`
`and all parties have agreed to submission of the Joint Notice of Supplemental Claim Construction
`
`Disputes submitted herewith.
`
`
`
`
`
`/s/ Alfred R. Fabricant
` Alfred R. Fabricant
`
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