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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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`Case No. 2:22-cv-00440-JRG
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`ASUSTEK COMPUTER INC., and ASUS
`COMPUTER INTERNATIONAL,
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`Defendants.
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`JOINT NOTICE REGARDING ITC DETERMINATION
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`Pursuant to the Court’s Order Granting Defendants’ Unopposed Motion to Stay Pending
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`ITC Determination (Dkt. No. 13), Plaintiff AGIS Software Development LLC (“AGIS”) and
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`Defendants ASUSTeK Computer Inc. and ASUS Computer International (collectively,
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`“ASUS”) respectfully submit this joint notice regarding the termination of AGIS’ ITC
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`investigation against ASUS.
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`On June 15, 2023, AGIS withdrew its complaint and moved to terminate its ITC
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`investigation against ASUS and other respondents. On June 20, 2023, Administrative Law Judge
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`(“ALJ”) Moore issued an Initial Determination that AGIS’s motion to terminate be granted. On
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`July 10, 2023, the ITC decided not to review ALJ Moore’s Initial Determination and terminated
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`AGIS’s ITC investigation in its entirety. On July 13, 2023, a notice of the ITC’s decision
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`was published in the Federal Register. Certain Location-Sharing Systems, 88 Fed. Reg. 44,840
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`(July 13, 2023). A copy of the notice is attached hereto as Appendix A.
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`ASUS appears specially to file this notice because AGIS has not yet served process on
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`Case 2:22-cv-00440-JRG Document 14 Filed 10/13/23 Page 2 of 3 PageID #: 67
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`ASUS. ASUS’s special appearance does not waive any of its objections and defenses to AGIS’s
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`Complaint, including, but not limited to, any defenses based on lack of jurisdiction, improper
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`venue, inconvenient venue, insufficiency of process, and insufficiency of service of process and
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`does not waive ASUS’s rights to seek appropriate relief, including dismissal of the Complaint or
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`venue transfer. ASUS expressly reserves all objections, defenses, and rights in response to
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`AGIS’s Complaint.
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`Dated: October 13, 2023
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`
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`Alfred R. Fabricant
`By: /s/
`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
`Telephone: (212) 257-5797
`Facsimile: (212) 257-5796
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`Justin Kurt Truelove
`Texas Bar No. 24013653
`Email: kurt@truelovelawfirm.com
`TRUELOVE LAW FIRM, PLLC
`100 West Houston Street
`Marshall, Texas 75670
`Telephone: (903) 938-8321
`Facsimile: (903) 215-8510
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`ATTORNEYS FOR PLAINTIFF
`AGIS SOFTWARE DEVELOPMENT
`LLC
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`Respectfully submitted,
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`Eric A. Buresh
` By: /s/
`Eric. A. Buresh
`eric.buresh@eriseip.com
`KS Bar No. 19895
`Michelle L. Marriott
`michelle.marriott@eriseip.com
`KS Bar No. 21784
`Chris R. Schmidt (pro hac to be filed)
`chris.schmidt@eriseip.com
`KS Bar No. 27833
`ERISA IP, P.A.
`7015 College Blvd., Ste 700
`Overland Park, KS 66211
`Phone: (913) 777-5600
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`Counsel for ASUSTeK Computer Inc. and
`ASUS Computer International
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`Case 2:22-cv-00440-JRG Document 14 Filed 10/13/23 Page 3 of 3 PageID #: 68
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`CERTIFICATE OF SERVICE
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`Pursuant to the Federal Rules of Civil Procedure and Local Rule CV-5, I hereby certify
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`that, on October 13, 2023, all counsel of record who have appeared in this case are being served
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`with a copy of the foregoing via the Court’s CM/ECF system.
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`Dated: October 13, 2023
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`/s/ Eric A. Buresh
`Eric A. Buresh
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`3
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