`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
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`
`Plaintiff,
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`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
`§
`§
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`§
`§
`§
`§
`§
`§
`§
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`OPPOSED MOTION FOR EXPEDITED BRIEFING FOR
`PLAINTIFF’S MOTION TO AMEND P.R. 4-3 DISCLOSURES
`
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`Defendants.
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`
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`v.
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`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS AMERICA,
`INC.,
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`
`
`
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`Case 2:22-cv-00263-JRG-RSP Document 83 Filed 07/11/23 Page 2 of 4 PageID #: 5235
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`Plaintiff AGIS Software Development LLC (“AGIS” or “Plaintiff”) respectfully moves the
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`Court to Expedite Briefing relative to its Motion for Leave to Amend P.R. 4-3 Disclosures.
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`Defendants Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. have indicated
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`that they oppose this Motion.
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`AGIS seeks an expedited briefing schedule because of the pending deadline for AGIS’s
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`Opening Claim Construction Briefing in accordance with the Court’s First Amended Docket
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`Control Order. Dkt. 66. AGIS seeks leave to add a dispute that was confirmed after the parties
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`filed their P.R. 4-3 Disclosures concerning a disagreement over the interpretation and scope of the
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`term “participants” within the agreed construction of the term “group” to mean “more than two
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`participants associated together.” AGIS submits that the Court and the Parties would benefit from
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`efficiencies of adding the dispute term to the current schedule of claim construction briefing. This
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`motion to expedite would permit the Court receive Defendants’ opposition for consideration ahead
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`of the July 21, 2023 deadline for Plaintiff’s P.R. 4-5(a) Opening Claim Construction Brief.
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`Accordingly, AGIS respectfully requests that the Court order Defendants to respond to AGIS’s
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`Motion for Leave within five (5) business days and that there shall be no reply or sur-reply.
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`Dated: July 11, 2023
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`Respectfully submitted,
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`/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
`
`
`
`
`
`Case 2:22-cv-00263-JRG-RSP Document 83 Filed 07/11/23 Page 3 of 4 PageID #: 5236
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`Telephone: (212) 257-5797
`Facsimile: (212) 257-5796
`
`Samuel F. Baxter
`Texas State Bar No. 01938000
`sbaxter@mckoolsmith.com
`Jennifer L. Truelove
`Texas State Bar No. 24012906
`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
`
`2
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`
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`Case 2:22-cv-00263-JRG-RSP Document 83 Filed 07/11/23 Page 4 of 4 PageID #: 5237
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`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that, on July 11, 2023, all counsel of record who are
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`deemed to have consented to electronic service are being served with a copy of this document via
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`the Court’s CM/ECF system per Local Rule CV-5(a)(3).
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`/s/ Alfred R. Fabricant
` Alfred R. Fabricant
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`CERTIFICATE OF CONFERENCE
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`The undersigned hereby certifies that counsel for Plaintiff has met and conferred with
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`counsel for Defendants on July 10, 2023, and counsel for Defendants have indicated they oppose.
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`
`
`/s/ Alfred R. Fabricant
` Alfred R. Fabricant
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