`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`
`
`
`
`Case No. 2:22-cv-00443-JRG
`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`
`v.
`
`HMD GLOBAL, HMD GLOBAL OY, HMD
`AMERICA, INC.
`
`
`
`
`Plaintiff,
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`Defendants.
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`
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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. 12), Defendants HMD Global Oy, HMD America, Inc., and HMD
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`Global1 (hereinafter, “HMD”) and Plaintiff AGIS Software Development LLC (“AGIS”)
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`respectfully submit this joint notice regarding the termination of AGIS’s ITC investigation against
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`HMD.
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`On June 15, 2023, AGIS withdrew its complaint and moved to terminate its ITC
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`investigation against HMD 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 was
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`1 Counsel are unaware of any corporate entity named “HMD Global” apart from “HMD Global
`Oy,” which is separately named as a defendant to this action, but move on behalf of all named
`defendants in an abundance of caution.
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`1
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`
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`Case 2:22-cv-00443-JRG Document 13 Filed 10/12/23 Page 2 of 4 PageID #: 164
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`
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`published in the Federal Register. Certain Location-Sharing Systems, 88 Fed. Reg. 44,840 (July
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`13, 2023). A copy of the notice is attached hereto as Appendix A.
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`HMD appears specially to file this joint notice because AGIS has not yet served process
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`on HMD.
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`HMD’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 HMD’s rights to seek appropriate relief, including dismissal of the Complaint or
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`venue transfer. HMD expressly reserves all objections, defenses, and rights in response to AGIS’s
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`Complaint.
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`2
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`Case 2:22-cv-00443-JRG Document 13 Filed 10/12/23 Page 3 of 4 PageID #: 165
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`
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`Respectfully submitted,
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`/s/ Matthew J. Moffa
`MATTHEW J. MOFFA
`NY Bar No. 5045067
`mmoffa@perkinscoie.com
`WILLIAM J. MCCABE
`NY Bar No. 2258085
`wmccabe@perkinscoie.com
`PERKINS COIE LLP
`1155 Avenue of the Americas, 22nd Floor
`New York, NY 10036
`Telephone: (212) 262-6900
`Facsimile: (212) 977-1649
`
`Counsel for Defendants HMD Global,
`HMD Global Oy, and HMD America, Inc.
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`
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`Date: October 12, 2023
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`
`
`/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
`FABRICANT LLP
`411 Theodore Fremd Avenue,
`Suite 206 South
`Rye, New York 10580
`Telephone: (212) 257-5797
`Facsimile: (212) 257-5796
`
`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
`
`ATTORNEYS FOR PLAINTIFF
`AGIS SOFTWARE
`DEVELOPMENT LLC
`
`3
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`Case 2:22-cv-00443-JRG Document 13 Filed 10/12/23 Page 4 of 4 PageID #: 166
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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 12, 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 12, 2023
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`/s/ Matthew J. Moffa
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