`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`Case No. 2:22-cv-00263-JRG
`
`
`JURY TRIAL DEMANDED
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`Plaintiff,
`
`v.
`
`SAMSUNG ELECTRONICS CO., LTD.
`AND SAMSUNG ELECTRONICS
`AMERICA, INC.,
`
`Defendants.
`
`§
`§
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`§
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`PLAINTIFF AGIS SOFTWARE DEVELOPMENT LLC’S UNOPPOSED MOTION FOR
`HEARING ON ITS PENDING MOTION FOR LEAVE TO AMEND ITS DISCLOSURE OF
`ASSERTED CLAIMS AND INFRINGEMENT CONTENTIONS (DKT. 72)
`
`Plaintiff AGIS Software Development LLC (“Plaintiff” or “AGIS”) respectfully moves this
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`Court for a hearing, at the Court’s earliest convenience, on its pending Motion for Leave to Amend
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`its Disclosure of Asserted Claims and Infringement Contentions (Dkt. 72) (the “Motion”). AGIS’s
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`Motion has been fully briefed and is ripe for consideration.
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`For the Court’s consideration in scheduling the hearing, AGIS hereby informs the Court that
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`AGIS intends to file a motion to compel third party Google LLC to produce to AGIS or, in the
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`alternative, to the Court for in camera review, certain deposition testimony and documentary
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`evidence (“Google FMD information”). AGIS served Google with subpoenas seeking the Google
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`FMD information which is subject to an amended protective order in Certain Location-Sharing
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`Systems, Related Software, Components Thereof, and Products Containing Same, Inv. No. 337-TA-
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`1347, Order No. 15 (May 12, 2023) (EDIS Doc. ID No. 796290). On July 21, 2023, Google
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`responded that it will not produce the requested Google FMD information in this case until after
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`resolution of the pending Motion for Leave to Amend its Disclosure of Asserted Claims and
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`Infringement Contentions (Dkt. 72). The requested Google FMD information is relevant to
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`
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`Case 2:22-cv-00263-JRG-RSP Document 94 Filed 07/28/23 Page 2 of 4 PageID #: 6896
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`Samsung’s position in opposition to this motion that AGIS unduly delayed in amending its
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`infringement contentions, and it supports the timeliness of AGIS’s addition of Find My Device to
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`the Amended Complaint on June 16, 2023 (Dkt. 69), which was filed in accordance with the Court’s
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`deadline to file amended pleadings (Dkt. 66 at 5), and to which Samsung filed a responsive Answer
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`on June 30, 2023 (Dkt. 80).
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`Counsel for AGIS has conferred with counsel for Defendants regarding this Motion for
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`hearing, and Defendants do not oppose the relief sought in this Motion.
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`Dated: July 28, 2023
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`Respectfully submitted,
`
`
`
`
`
` /s/ Vincent J. Rubino, III
`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
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`2
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`Case 2:22-cv-00263-JRG-RSP Document 94 Filed 07/28/23 Page 3 of 4 PageID #: 6897
`Case 2:22-cv-00263-JRG-RSP Document 94 Filed 07/28/23 Page 3 of 4 PagelD #: 6897
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`ATTORNEYS FOR PLAINTIFF AGIS
`ATTORNEYS FOR PLAINTIFF AGIS
`SOFTWARE DEVELOPMENT LLC
`SOFTWARE DEVELOPMENTLLC
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`3
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`Case 2:22-cv-00263-JRG-RSP Document 94 Filed 07/28/23 Page 4 of 4 PageID #: 6898
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that, on July 28, 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/ Vincent J. Rubino, III
` Vincent J. Rubino, III
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`CERTIFICATE OF CONFERENCE
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`Pursuant to Local Rule CV-7(h), the undersigned hereby certifies that counsel for Plaintiff
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`met and conferred with counsel for Defendants. Defendants do not oppose.
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`/s/ Vincent J. Rubino III
` Vincent J. Rubino III
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