Case 2:22-cv-00263-JRG-RSP Document 84 Filed 07/12/23 Page 1 of 5 PageID #: 5239
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`AGIS SOFTWARE DEVELOPMENT LLC,
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`Plaintiff,
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`v.
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`CIVIL ACTION NO. 2:22-cv-263-JRG-RSP
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`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS AMERICA,
`INC.,
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`JURY TRIAL DEMANDED
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`Defendants.
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`SAMSUNG’S RESPONSE TO PLAINTIFF AGIS SOFTWARE DEVELOPMENT
`LLC’S OPPOSED MOTION FOR EXPEDITED BRIEFING FOR PLAINTIFF’S
`MOTION TO AMEND P.R. 4-3 DISCLOSURES
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`Case 2:22-cv-00263-JRG-RSP Document 84 Filed 07/12/23 Page 2 of 5 PageID #: 5240
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`AGIS’s Motion for Expedited Briefing (Dkt. 83) should be denied. AGIS argues that
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`expedited briefing is needed to resolve whether to add another claim construction dispute over the
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`meaning of “participants”—a word that is not a claim term and that instead appears within the
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`parties’ agreed construction of the claim term “group”—to its P.R. 4-3 Disclosures. But AGIS
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`omits to mention that any dispute over the word “participants” could only be relevant to
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`infringement issues for Google’s Find My Device (“FMD”) application—a product that is not at
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`issue in this case or part of AGIS’s current infringement contentions. Rather, just last week and
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`one year into the case, AGIS filed an opposed motion for leave to add FMD to its infringement
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`contentions (Dkt. 72), which is pending. Unless and until the Court grants AGIS’s opposed motion
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`for leave to add FMD, FMD is not part of this case and construing “participants” is an unnecessary
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`waste of the parties’ and Court’s resources.
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`Moreover, as explained further in Samsung’s forthcoming opposition to AGIS’s motion
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`for leave to add FMD, AGIS’s purported need for expedited briefing and to construe “participants”
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`is a problem of its own making, caused by AGIS’s belated and improper effort to insert FMD into
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`the case one year after it filed this lawsuit. AGIS has been far from diligent in seeking to add its
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`FMD allegations and will not be able to meet its burden to show good cause to amend its
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`contentions because: (1) AGIS has known about its FMD allegations for at least six years since
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`2017, during which time AGIS has been continuously litigating FMD across dozens of other cases,
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`including in two cases against Samsung; (2) AGIS intentionally omitted FMD from this case to
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`avert a stay or dismissal in view of parallel litigations that AGIS filed, which also accused FMD;
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`and (3) AGIS repeatedly represented to the Court just a few months ago that FMD is not accused
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`in this case. E.g., Dkt. 41 at 2. In short, AGIS strategically delayed a year before moving for leave
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`to add allegations against FMD and now, ten days before its claim construction brief is due,
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`Case 2:22-cv-00263-JRG-RSP Document 84 Filed 07/12/23 Page 3 of 5 PageID #: 5241
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`demands expedited treatment of a claim interpretation issue that could only be relevant to FMD
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`and is irrelevant to any issues that are presently part of this case.
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`Because FMD is not part of the case and AGIS’s purported need for expedited briefing
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`stems from its deliberate delay of a year in seeking leave to add FMD to this case, AGIS’s motion
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`should be denied.
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`Dated: July 12, 2023
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`Respectfully submitted,
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`By: /s/ Melissa R. Smith
`Melissa R. Smith
`Texas State Bar No. 24001351
`melissa@gillamsmithlaw.com
`GILLAM & SMITH, LLP
`303 South Washington Avenue
`Marshall, Texas 75670
`Phone: (903) 934-8450
`Fax: (903) 934-9257
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`Gregory Blake Thompson
`Texas State Bar No. 24042033
`MANN | TINDEL | THOMPSON
`112 E. Line Street, Suite 304
`Tyler, Texas 75702
`(903) 657-8540
`(903) 657-6003 (fax)
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`Darin W. Snyder (pro hac vice)
`dsnyder@omm.com
`Mark Liang (pro hac vice)
`mliang@omm.com
`Bill Trac
`btrac@omm.com
`Sorin Zaharia
`szaharia@omm.com
`O’MELVENY & MYERS LLP
`Two Embarcadero Center, 28th Floor
`San Francisco, CA 94111
`Telephone: (415) 984-8700
`Facsimile: (415) 984-8701
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`Case 2:22-cv-00263-JRG-RSP Document 84 Filed 07/12/23 Page 4 of 5 PageID #: 5242
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`Stacy Yae (pro hac vice)
`syae@omm.com
`O’MELVENY & MYERS LLP
`400 South Hope Street, 18th Floor
`Los Angeles, CA 90071
`Telephone: (213) 430-6000
`Facsimile: (213) 430-6407
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`Grant Gibson
`Texas State Bar No. 24117859
`ggibson@omm.com
`O’MELVENY & MYERS LLP
`2501 North Harwood Street, Suite 1700
`Dallas, TX 75201-1663
`Telephone: (972) 360-1900
`Facsimile: (972) 360-1901
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`Neil P. Sirota
`neil.sirota@bakerbotts.com
`Margaret M. Welsh
`margaret.welsh@bakerbotts.com
`BAKER BOTTS L.L.P.
`30 Rockefeller Plaza
`New York, NY 10112-4498
`Phone: (212) 408-2500
`Fax: (212) 408-2501
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`ATTORNEYS FOR DEFENDANTS
`SAMSUNG ELECTRONICS CO., LTD., and
`SAMSUNG ELECTRONICS AMERICA, INC.
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`Case 2:22-cv-00263-JRG-RSP Document 84 Filed 07/12/23 Page 5 of 5 PageID #: 5243
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that counsel of record who are deemed to have
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`consented to electronic services are being served with a copy of this document via the Court’s
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`CM/ECF system per Local Rule CV-5(a)(3) on this the 12th day of July, 2023.
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`Dated: July 12, 2023
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`/s/ Melissa R. Smith
`Melissa R. Smith
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