`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`IN RE: TAASERA LICENSING LLC,
`PATENT LITIGATION
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`THIS DOCUMENT RELATES TO ALL
`CASES
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`§
`§
`§
`§
`§
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`CIVIL ACTION NO. 2:22-MD-03042-JRG
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`ORDER
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`
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`The Court issues this Order sua sponte. On October 17, 2022, the Court ordered that the
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`deadline for each Defendant
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`to file
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`its responsive pleading under Federal Rule of
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`Civil Procedure 12 would be due within 14 days thereof. Pursuant to Rule 12(a)(4)(A) and (i), the
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`Court DEFERS a decision on any motion filed pursuant to Federal Rule of Civil Procedure
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`12(b)(1)–(7) until the time of trial. This deferral applies to such motions filed before or subsequent
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`to the entry of this Order. For purposes of clarity but not limitation, such deferral includes but is
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`not limited to the following motions:
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`• Trend Micro Incorporated’s (“Trend Micro”) Motion to Dismiss Pursuant to Fed. R. Civ.
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`P. 12(b)(6) (Case No. 2:21-cv-441, Dkt. No. 21);
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`• Trend Micro’s Motion to Dismiss Taasera Licensing LLC’s (“Taasera”) Amended
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`Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) (Case No. 2:21-cv-441, Dkt. No. 39);
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`• Defendant Check Point Software Technologies Ltd.’s (“Check Point”) Motion for Partial
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`Dismissal of Plaintiff’s Complaint (Case No. 2:22-cv-63, Dkt. No. 13);
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`• Check Point’s Motion for Partial Dismissal of Plaintiff’s First Amended Complaint (Case
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`No. 2:22-cv-63, Dkt. No. 26);
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`
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`Case 2:22-cv-00415-JRG Document 10 Filed 11/02/22 Page 2 of 2 PageID #: 426
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`• Taasera’s Motion to Dismiss Complaint for Declaratory Judgment for Lack of Subject
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`Matter Jurisdiction, or in the Alternative, to Transfer or Stay Under the First-to-File Rule,
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`and to Dismiss for Failure to State a Claim (Case No. 2:22-cv-303, Dkt. No. 14);
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`• Taasera’s Motion to Dismiss for Lack of Personal Jurisdiction, or in the Alternative, to
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`Dismiss for Failure to State a Claim (Case No. 2:22-md-3042, Dkt. No. 11; Case No. 2:22-
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`cv-314, Dkt. No. 87); and
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`• Quest Patent Research Corporation’s (“Quest”) Motion to Dismiss for Lack of Subject
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`Matter Jurisdiction, or in the Alternative, to Dismiss for Failure to State a Claim (Case No.
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`2:22-md-3042, Dkt. No. 14; Case No. 2:22-cv-314, Dkt. No. 89).
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` With regard to subsequent cases that may become a part of this multidistrict litigation
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`proceeding (known as tag-along cases), the Court intends to impose the same deferral as to
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`motions brought therein under Federal Rule of Civil Procedure 12(b)(1)–(7), and any movant
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`in any such tag-along case should expect similar treatment from the Court.
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`
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`2
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`So Ordered this
`Nov 1, 2022
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`
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